The parties to the agreement of intent (the non-MWBE firm and
MWBE firm) reserve their rights to pursue legal remedies based upon the
underlying contract between them. In the event of default by either party,
appropriate action can be taken by either to assure compliance or to recover
damages. Approval of the agreement of intent by OMWBE does not constitute a
ruling that the contract is in compliance with state laws, nor that either
party is capable of performing its portion of the agreement. Approval of the
agreement by OMWBE merely signifies that OMWBE believes the fulfillment of this
agreement will further the goals of the program established by the state under
chapter
39.19 RCW. If the MWBE is
unable or unwilling to perform the agreement of intent, the non-MWBE firm may
utilize its right to substitute under WAC 326-30-080. OMWBE also reserves the
authority to apply the full range of sanctions available under the law against
the parties to the agreement of intent, as appropriate, if perjured agreements
of intent are filed, or spurious claims for credits are made.
