Or. Admin. R. 123-200-1230 - Determination of Independence
(1)
The business must be a "for profit" independent, properly licensed and
registered with the Secretary of State in the State of Oregon.
(2) In determining whether a certified firm
is an independent business, the COBID must scrutinize relationships with
non-certified firms in such areas as personnel, facilities, equipment,
financial and/or bonding support, and other resources.
(3) The COBID may consider whether present or
recent employer/employee relationships between the owner(s) of the certified
firm and non-certified firms, or persons associated with non-certified firms,
compromise the independence of the certified firm.
(a) The COBID may examine the certified
firm's relationship with prime contractors to determine whether a pattern of
exclusive or primary dealings with a prime contractor compromises the
independence of the certified firm.
(b) While reviewing factors related to the
independence of a certified firm, the COBID must consider the consistency of
relationships between the firm and non-certified firms with normal industry
practice.
(4) The COBID
will consider whether owner(s) of the business owns or leases equipment and
resources necessary to perform the services provided. If the business leases
equipment, leasing must follow normal industry practice and the lease must not
involve a relationship with a prime contractor or non-disadvantaged individual
that compromises the control and independence of the firm.
(5) The COBID may certify a business
operating under a franchise or license agreement if it meets the standards in
this subpart and the franchiser or licenser does not have an affiliation with
the franchisee or licensee. The franchisor or license issuer must not have the
ability to control employees, location, or prevent the certified owners from
making any business decision for the firm without the cooperation or vote of
any non-certified individual.
Notes
Stat. Auth.: ORS 200.005 & 200.055
Stats. Implemented: ORS 200.005 & 200.055
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