Washington Administrative Code (Last Updated: November 23, 2016) |
Title 200. Enterprise Services, Department of |
Chapter 200-305. Debarment procedures. |
Section 200-305-010. Definitions.
Latest version.
- The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:(1) "Affiliate" means a person in a business relationship who either directly or indirectly controls or has the power to control the other or a third party controls or has the power to control both. Factors used to determine control include:(a) Interlocking management or ownership;(b) Identity of interests among family members;(c) Shared facilities and equipment;(d) Common use of employees; or(e) A business entity organized following the debarment or proposed debarment of a person which has the same or similar management, ownership, or principal employees as the person that was debarred or proposed for debarment.(2) "Agency" means any state office or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, institutions of higher education as defined in RCW 28B.10.016, and correctional and other types of state institutions.(3) "Bid" means an offer, proposal, or quote for goods or services in response to a solicitation issued for such goods or services by the department or an agency of Washington state government.(4) "Bidder" means an individual or entity who submits a bid, quotation, or proposal in response to a solicitation issued for such goods or services by the department or an agency of Washington state government.(5) "Contractor" means an individual or entity awarded a contract with an agency to perform a service or provide goods.(6) "Conviction" means:(a) A judgment or any other determination of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or plea, including a plea of nolo contendere; or(b) Any other resolution that is the functional equivalent of a judgment, including probation before judgment and deferred prosecution. A disposition without the participation of the court is the functional equivalent of a judgment only if it includes an admission of guilt.(7) "Covered transaction" means submitting a bid, having a bid considered, entering into a state contract, or subcontracting on a state contract.(8) "Debar" means to prohibit a contractor, individual, or other entity from submitting a bid, having a bid considered, or entering into a state contract during a specified period of time as set forth in a debarment order.(9) "Debarring official" means the director of the department of enterprise services or the director's designee.(10) "Department" means the department of enterprise services.(11) "Director" means the director of the department of enterprise services.(12) "Person" means any individual, corporation, partnership, association, unit of government, or legal entity, however organized.(13) "Principal" means:(a) An officer, director, owner, partner, principal investigator, or other person within a bidder or contractor with management or supervisory responsibilities related to a covered transaction; or(b) A consultant or other person, whether or not employed by the bidder or contractor, who:(i) Is in a position to handle state funds;(ii) Is in a position to influence or control the use of those funds; or(iii) Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction.(14) "Service" for any delivery required under this chapter means personal delivery, delivery by US postal mail service, electronic mail delivery, or delivery by other reasonable commercially acceptable means of delivery.