Section 84.22. Certification criteria for non-Wisconsin businesses.

 

(1)  The department may certify a non-Wisconsin business if it meets the eligibility standards under s. Adm 84.03 , and if it meets either of the following 2 conditions:

(a) Substantially equivalent program condition. The state in which the business is incorporated or has its principal place of business has a statutory minority business procurement program; Wisconsin minority firms would be allowed to participate in that program; and the business qualifies for participation in that program under a certification procedure which the department determines is substantially equivalent to its own certification procedure; or

(b) Business capability condition. The department determines that, with respect to a particular product or service, there are not enough Wisconsin minority businesses to enable the state to meet the goals of its minority business procurement program.

(2)  In determining whether an applicant meets the substantially equivalent program condition described in sub. (1) (a) , the department shall consider:

(a) Whether the state's statutory minority business procurement program establishes specific goals, set-asides or preference criteria; whether it establishes a system for monitoring the program's performance; and whether Wisconsin minority firms would be allowed to participate in the program; and

(b) Whether the state's minority business certification program meets the department's standards and is included in the department's list of certification agencies as described in s. Adm 84.21 (4) . Applicants certified by states not on the list bear the burden of establishing to the department's satisfaction that the agency's certification procedures meet the department's standards.

(3)  In determining whether an applicant meets the business capability condition described in sub. (1) (b) , the department shall consider:

(a) The number of certified minority business enterprises which provide the specified supply, material, equipment or service and which are listed in the department's Minority Business Directory.

(b) The number of minority businesses which provide the specified supply, material, equipment or service and which are certified by another agency or a private business that is included on the department's list of certification agencies and businesses as described in s. Adm 84.21 (4) .

(c) The assessment by the department of administration and other appropriate agencies of the capability of the existing certified minority businesses to achieve the state's minority business procurement goals.

(4)  The department may consult with minority associations, community organizations and other appropriate officials and organizations concerning the availability of minority businesses in the state and the potential to increase their participation in the state's minority business procurement program.

History: Cr. Register, September, 1987, No. 381 , eff. 10-1-87; correction in (1) (intro.), (2) (b), (3) (b) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 .