Or. Admin. Code § 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 applicant
firm and non-certified firms, or persons associated with non-certified firms,
compromise the independence of the applicant firm.
(a) The COBID may examine the applicant
firm's relationships with prime contractors to determine whether a pattern of
exclusive or primary dealings with a prime contractor compromises the
independence of the applicant firm.
(b) While reviewing factors related to the
independence of an applicant 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 the owner(s) of the applicant firm 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-qualifying
individual that compromises the control and independence of the applicant
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-qualifying individual.
Notes
Statutory/Other Authority: ORS 200.005 & 200.055
Statutes/Other Implemented: ORS 200.005, 200.055 & Oregon Laws 2023, chapter 497
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