(a)
The department shall develop and make available to all awarding departments and local agencies a directory of all state and local agencies participating in the standardized certification process pursuant to this chapter. An awarding department may count, for purposes of meeting statewide participation goals, those business enterprises that have been certified by a participating state or local agency.
(b)
The certification shall be under penalty of perjury. The certification
application form shall include, but not be limited to, the following information:
(1)
Name of firm and address.
(2)
Name of person to contact.
(3)
Business telephone.
(4)
Type of ownership.
(5)
Controlling interest (ethnicity and citizenship).
(6)
Documentation or evidence of minority ethnicity.
(7)
Name of owners, general partners, and officers of firm and their percent of ownership in the firm. If a corporation, total outstanding stock and a percentage breakdown of ownership.
(8)
Management
control of firm in the following areas:
(A)
Financial decisions.
(B)
Estimating.
(C)
Marketing and sales.
(D)
Hiring and dismissal of management.
(E)
Purchasing of major equipment and supplies.
(9)
Documentation of identity of owner or management official who is, or has been, within the last three years, an owner, manager, or employee of another firm that has an ownership interest or a present business relationship with the firm. Present business relationships include shared space, employees, equipment, or financing. Explanation of these relationships.
(10)
Bonding capabilities.
(11)
Questions regarding whether the firm has been denied certification, or any of the individuals listed in paragraph (7) have been involved with a firm that has been denied certification, as a minority, women, or disadvantaged business enterprise by a participating state or local agency.
(12)
Type of business (for example, service, goods, construction).
(13)
Provision for the attachment of a copy of an active business and contractor’s license, or any other pertinent license or permit.
(14)
Location area of state to be considered for work.
(15)
Other documentation required to verify ownership and control of a certification applicant in accordance
with Sections 23.51 and 23.53 of Title 49 of the Code of Federal Regulations, and with Publication No. FHWA-CR-90-003, dated April 1990, entitled “Disadvantaged Business Enterprise Program Administration Participant’s Manual” published by the Federal Highway Administration in the United States Department of Transportation.
(16)
Affidavit that all information is true and correct, including statement under penalty of perjury.
(c)
A participating state or local agency granting or denying the certification shall compile and maintain documentation supporting each of the criteria set forth in subdivision (b) for a minimum of two years. The documentation shall include, but not be limited to, one copy of the issued certification with the name of the person or persons responsible for reviewing and authorizing the certification and the date on which each review and authorization
occurred.
(d)
The minority, women, or disadvantaged business enterprises seeking certification shall designate on the application form the information that they consider proprietary. Any information so designated shall be confidential. However, if notice is given by a participating state or local agency of its intention to decertify a business enterprise certified pursuant to this chapter, the participating state or local agency that granted the original certification shall provide access to all of its certification documentation to a participating state or local agency seeking to decertify the business enterprise, if the participating state or local agency seeking to decertify the business enterprise agrees to honor the confidentiality of the information designated as proprietary.