Oregon Administrative Rules
Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT
Division 200 - CERTIFICATION PROCEDURES
Section 123-200-1600 - Eligibility Standards
Universal Citation: OR Admin Rules 123-200-1600
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The ESB program is race and gender neutral and is based on the size of the business, not the individual applicant.
(2) A firm's certification as an ESB may only last for a maximum of 12 consecutive years from the original certificate date and qualify as a tier one or tier two firm.
(a) A certified firm may only remain in
each tier for a period of six years.
(b) If the firm graduates to a tier two
status, due to size, before exhausting six years of certification under tier
one, the firm's certification in tier two must not exceed a period of six
years, regardless of the firm's certification period as tier one.
(c) If an applicant provides compelling
information to show, to the satisfaction of the COBID, that he or she has not
received an opportunity to bid on ESB projects during the 12 years of
eligibility, the COBID will extend the certification of the firm for one
additional year. A firm may receive the extension only once. The firm must
provide a written request for an extension to the COBID, including any
supporting documentation.
(3) To be eligible for certification as an ESB, a firm must meet the following criteria:
(a) Be in existence, operational, and in
business for a profit.
(b) The
principal place of business must be located in the State of Oregon as
determined by the address used to file federal income taxes. If the business
uses a P.O. Box, the COBID may require additional documentation to verify
location.
(c) Be properly licensed
and legally registered with the Secretary of State in the State of Oregon (i.e.
registered as a domestic corporation, limited liability corporation,
partnership, or assumed business name, etc.).
(d) Must not be a subsidiary or parent
company belonging to a group of firms that are owned or controlled by the same
individuals if, taken together, the group of firms do not qualify.
(e) Have average, annual gross receipts over
the last three years that do not exceed monetary limitations determined by
OBDD/COBID annually based on the Consumer Price Index.
(f) If state or local law requires a person
to have a particular license or other credential in order to own and/or control
a certain type of firm, then the certified applicant(s) who owns and controls
an ESB must possess the required license or credential.
(g) The owner(s) must work a minimum of 20
hours per week for the business.
(h) The business must have 19 or fewer
full-time employees to qualify for tier one or have 29 or fewer full-time
employees to qualify to tier two. The COBID calculates a full-time employee as
follows:
(A) Hours worked by all employees
(part-time, seasonal, or full-time) shall be converted into equivalent hours;
dividing the total hours worked by 2080.
(B) The COBID does not consider owners of the
business in the calculation of the equivalent employees.
(C) The period of calculation shall be the
same as the business' tax year.
Stat. Auth.: ORS 200.055
Stats. Implemented: ORS 200.055
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.