Resolution No. 3836 – Diversity in Contracting Policy Page 1 of 10

PORT OF SEATTLE 1

RESOLUTION NO. 3836 2

A RESOLUTION of the Port of Seattle Commission amending Resolution 4

No. 3737 and the Diversity in Contracting Policy 5

Directive to increase women and minority business 6

opportunities. 7

WHEREAS, the Port of Seattle works to create, improve, and grow economic 9

opportunities for all, including through supporting Women Minority Business Enterprises 10

(WMBE) and Small Business Enterprises (SBE) through contracting opportunities with the 11

Port; and 12

WHEREAS, the Port of Seattle created its Diversity in Contracting program via 14

Resolution 3737 (Res3737) adopted in January 2018. Res3737 formally adopted the Diversity 15

in Contracting Directive as an actionable way to meet the Century Agenda goal of increasing 16

WMBE utilization in Port contracts; and 17

WHEREAS, the Diversity in Contracting Directive, via Res3737, established goals for 19

the program to achieve in five years from 2019 to 2023. Res3737 set goals to increase the 20

number of WMBE firms contracted with the Port of Seattle, to increase dollars spent on WMBE 21

contracts to 15% over the implementation period of the Diversity in Contracting program, and 22

increase overall WMBE utilization in Portwide contracting opportunities; and 23

WHEREAS, the Port of Seattle established additional goals in the Diversity in 25

Contracting program to incorporate WMBE goals into Division and COEs strategic business 26

plans, budget and resource allocations, Century Agenda goals and objectives, prepare and 27

publish annual reports, improve inclusion and outreach to grow WMBE participation, and 28

actively work to reduce disparities in contracting; and 29

WHEREAS Res3737 detailed strategies to support WMBEs, knowledge, and expertise 31

to bid on Port contracting opportunities, as well as strategies and support from the Port’s 32

Executive Director and Commission for the Port to be flexible and responsive to achieve goals 33

set by the Diversity in Contracting Directive; and 34

WHEREAS, programmatic data collection and disparity studies have been essential to 36

understanding challenges and successes of implementation of the Diversity in Contracting 37

program; and 38

WHEREAS, the Port has partnered with a total of 392 WMBE businesses in 2023, 40

exceeding its policy goal of working with 354 WMBE firms annually. From 2019-2023, the 41

Port partnered with 791 unique WMBE firms; and 42

Item Number: 10a_reso

Meeting Date: June 24, 2025

Resolution No. 3836 – Diversity in Contracting Policy Page 2 of 10

WHEREAS, the Diversity in Contracting program has made significant progress in 45

expanding economic opportunity. In 2016, WMBEs held 5.3% of Port contracts for a total of 118 46

firms; WMBE utilization more than doubled by 2021, seeing a high of 14% utilization and 392 47

WMBE firms contracting with the Port; and 48

WHEREAS, as the Diversity in Contracting program grows, small business and veteran-50

owned businesses have been identified as opportunities for inclusion to achieve program goals 51

while growing diverse businesses that can compete for Port contracts; and 52

WHEREAS, the Diversity in Contracting program works to achieve an environment of 54

parity for all businesses and competitiveness; and 55

WHEREAS, for 2025-2030, the Diversity in Contracting program seeks to expand 57

businesses eligible for programmatic support, improve processes such as prompt payments, 58

collect additional data, increase outreach and education, and continue to lower barriers to 59

increase access to Port contracting opportunities in fulfillment of the Port’s mission to promote 60

economic opportunities and quality of life in the region by advancing trade, commerce, and job 61

creation in an equitable, accountable, and environmentally responsible manner. 62

NOW, THEREFORE, BE IT RESOLVED by the Port of Seattle Commission as 64

follows: 65

SECTION 1. Resolution No. 3737 is hereby amended to read as appearing in Exhibit A 67

to this resolution. 68

SECTION 2. The Diversity in Contracting Policy Directive as shown in the attached 70

Exhibit A is hereby amended to read as follows. 71

SECTION 3. This policy directive shall be labeled and catalogued as appropriate, 73

together with subsequent policy directives, and shall be made readily available for use by Port 74

staff and members of the public as a governance document of the Port of Seattle. 75

ADOPTED by the Port of Seattle Commission at a duly noticed public meeting thereof, 77

held this ______ day of _______________________________, 2025, and duly 78

authenticated in open session by the signatures of the commissioners voting in favor thereof and 79

the seal of the commission. 80

Port of Seattle Commission 92

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Port of Seattle Commission Diversity in Contracting Policy

Directive

EXHIBIT A to Resolution No. 3836

Diversity in Contracting Policy Directive

As proposed July 8, 2025

SECTION 1. Purpose.

The Port finds that minority, women -owned businesses are under-represented and have been

under-utilized on Port contracts through disparity studies and other reports. The purpose of

this policy directive is to provide the maximum practicable opportunity for increased

participation by minority, women - owned and controlled businesses in Port contracting for

public works, consulting services, supplies, material, equipment, and other services by

increasing a diverse, competitive pool of potential contractors to meet the Port’s Diversity in

Contracting goals of Port spend and increase of WMBE, Small Business, and Veteran Business

utilization.

SECTION 2. Definitions.

For the purposes of this chapter:

“Affirmative efforts” means documented reasonable attempts in good faith to contract with

women, minority, and veteran owned businesses.

“Availability” or “available” as used in this chapter means a business that is interested in and

capable of performing the work within the time frame required and to the quality specified in

the solicitation and contract.

“Capability” or “capable” as used in this section means that a business appears able to perform

a commercially useful function in performance of the work.

“Central database” means an electronic database that collects, aggregates, and tracks monthly

Port-wide, division, and department-level utilization of small business, women and minority

owned business, and other classifications across various categories and contract types and

promotes transparency for the public.

“Commercially useful function” means the performance of real and actual services in the

discharge of any contractual endeavor.

“Construction Business” means any person, firm, corporation or other entity who or which, in

the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid

to, construct, alter, repair, add to, subtract from, improve, develop, move, wreck, or demolish

any building, road, excavation or other structure, project, development, or improvement

attached to real estate or to do any part thereof including structures or works in connection

therewith, the installation of roofing or siding, or cabinet or similar installation; and/or

employes members of more than one trade upon a single job or project or under a single

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Port of Seattle Commission Diversity in Contracting Policy

Directive

building permit.

“Contract” means an agreement for public works, consulting services, supplies, material,

equipment, or other services.

“Contract awarding authority” means any individual, office, or division that is receiving the

benefit of a Contract.

“Contractor” means a business that has a Contract with the Port.

“Division” means any Port of Seattle organization structure that has a director that reports to

the Executive Director.

“Relevant demographic data” is defined as, but not limited to, Asian-Pacific Americans, Black

Americans, Hispanic Americans, Native Americans, Asian, and Women, and other characteristic

information related to a business owner’s sexual orientation, sex/gender, race, ethnicity, or

veteran status as self-reported and/or certified by another government entity, as deemed

necessary or relevant to eliminating disparity in Port contracting.

“Small Business” (SBE) means a business that is certified by OMWBE as either a Small Business

Enterprise (SBE) or Public Works Small Business Enterprise (PWSBE).

“Utilization” is defined as both the percent of contracting dollars paid to WMBE firms as well as

the number of WMBE firms under contract.

“Veteran owned business” (VBE) means a business that has been certified by Washington State

Department of Veteran Affairs as veteran owned.

“Women or minority business” (WMBE) means a business that is at least 51 percent owned and

controlled by women and/or minority (including, but not limited to African Americans, Native

Americans, Asians, and Hispanics) group members.

SECTION 3. Scope and Applicability.

This policy shall apply to all Contracts and activities at the Port.

SECTION 4. Responsibilities.

The Executive Director shall pursue the Century Agenda goal to increase WMBE, VBE and SBE

utilization in all Port contracts and shall:

A. Achieve the Century Agenda goal to achieve 16 percent of dollars spent on WMBE

contracts, and 500 WMBE firms utilized annually, within the next five years (2025 – 2029) of the

Diversity in Contracting Program.

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Port of Seattle Commission Diversity in Contracting Policy

Directive

B. Incorporate WMBE, and the tracking of SBE, and VBE utilization into the Port’s

Century Agenda Objectives and KPIs. Further, the Executive Director shall prepare and publish

an annual report each year titled Diversity in Contracting Annual Report;

C. Improve inclusion and outreach to sustain and improve WMBE, SBE, and VBE

participation and to reduce disparity in Port contracting;

D. Take pro-active efforts to assure equity in contracting opportunities through the

development and application of inclusion plans or other tools as necessary; and

E. Expand opportunities for WMBE, SBE, and VBE firms across Port functions, wherever

practicable.

(Res. 3737, §3, 2018)

SECTION 5. Policy.

A. The Diversity in Contracting Program shall include:

(1) Responsibilities, policies, practices, and processes that can change the Port

procurement and contracting processes and provide a more receptive

environment for the utilization of WMBE, SBE, and VBE firms, and to ensure that

businesses and contractors of all tiers working on Port contracts and

subcontracts utilize WMBE, SBE, and VBE firms, wherever feasible or as required.

(2) Develop and refine a standard procedure for the Port-wide WMBE aspirational

goal setting, and collection and reporting of relevant demographic data to be

stored in a central database.

(3) Identify categories of contracts that will require WMBE inclusion plans and other

tools that will be applied to other categories of contracts Port-wide.

(4) Clear lines of responsibility and accountability for implementation of the

Diversity in Contracting Program and a designated WMBE liaison for each

division.

(5) Make WMBE aspirational goal setting and affirmative implementation efforts

part of the annual performance evaluation for each Port division director and

their staff and require standardized Diversity in Contracting program training,

implementation, and coordination for all division leaders and their WMBE

representatives.

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Port of Seattle Commission Diversity in Contracting Policy

Directive

B. The Diversity in Contracting Annual Plan shall include:

(1) Specific measures the contract awarding authority will undertake to increase the

utilization of WMBEs to reduce disparity in Port contracting; and

(2) Specific aspirational goals by division for WMBE utilization:

(a) Each Port division will review future procurements to identify available firms

on upcoming contracts to create a utilization goal that is justifiable.

(b) Construction goals, other than small works, based on disparity studies or

other valid internal data can demonstrate a reasonable level of utilization.

C. To improve inclusion and outreach to sustain and improve WMBE, SBE, and VBE

participation and to reduce disparity in Port contracting, the Port shall:

(1) Support training and assistance to Port staff to increase participation in outreach

and to learn about the internal and external resources available to include

WMBE, VBE, and SBE firms in their procurement and contracting.

(2) Improve and expand technical assistance, including WMBE, SBE, and VBE

certification, business development, training, and mentoring programs for

WMBE, SBE, and VBE firms to enhance bidding expertise and promote greater

coordination with advocacy organizations, businesses, individuals, and public

agencies and other Port departments.

(3) Create opportunities for members of the contracting and vendor community,

Port, and other stakeholders to work collaboratively on recommendations for

how the Port can more effectively use the directives in this policy directive.

(4) Assist contractors desiring to bid on Port Contracts to comply with the

affirmative efforts provision for such Contracts and offer information as to

organizations and agencies available to assist such contractor in recruiting,

mentoring, training, or otherwise preparing potential subcontractors.

(5) Cooperate and establish formal and/or informal partnerships and mutual

cooperation with the Office of Minority and Women’s Business Enterprises and

other public agencies to carry out the purposes of this policy directive, as

needed.

(6) Leverage opportunities as authorized by the Executive Director to increase

WMBE, SBE, and VBE firm participation if attainment goals are not being met.

(7) Improve contracting in support of WMBE, SBE, and VBEs through developing a

proposed process for prompt payments to subcontractors and proposing this

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Port of Seattle Commission Diversity in Contracting Policy

Directive

process to the Commission for Commission consideration and/or action by the

end of the second quarter 2026. This may include (but are not limited to)

developing recommendations to increase efficiencies with prompt payments to

subcontractors, this process shall contemplate using every resource and

approaches available to the Port to ensure prompter pay provisions to

subcontractors. The Port shall also consider adjusting competitive thresholds for

professional services.

(8) To support small business participation by reviewing project risk and adjusting

bonding and insurance levels, when possible, to increase participation on Public

Works projects.

(9) Leverage the use of Alternative Delivery Methodology contracts to support

increased WMBE, SBE, VBE participation, where applicable.

(10) Increase education and outreach to WMBEs, SBEs, and VBEs to understand PLA

terms.

(11) Collect data on timely dispatch of workers on contracted jobs with the Port.

D. Affirmative efforts to assure equality of contracting opportunity required:

(1) Require bidders and proposers to comply with the Diversity in Contracting

solicitation requirements in order to sustain and improve participation of WMBE,

SBE, and VBEs in Port Contracts.

(2) Prepare and require that Port Contracts include specifications pertaining to

equal opportunity affirmative efforts to assure equality in contracting

opportunity, and aspirational goals for WMBE subcontracting. Any goals

established under this chapter shall be reasonable; however, no utilization

requirements shall be a condition of contracting, except as may be allowed by

RCW 49.60.400.

(3) Regularly monitor and measure the Port Diversity in Contracting program and

attainment of aspirational goals by contractors.

(4) May establish aspirational goals for the participation of women, minority,

veteran, and small businesses in a particular Port contract on a case-by-case

basis.

(5) Work closely with other divisions and departments to ensure all policies,

practices, and processes are consistent and complementary and make it easier

for WMBE, SBE, and VBE firms to pursue Port Contracts.

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Port of Seattle Commission Diversity in Contracting Policy

Directive

(6) Define, implement, and monitor appropriate processes and procedures to

ensure prompt payments and change order processing to address timely

payment of contractors, suppliers, and subcontractors at all tiers. Review and

recommend potential improvements to the existing prompt pay processes and

procedures.

E. Affirmative efforts in subcontracting:

(1) All contractors, including WMBE, SBE, and VBE firms, shall actively solicit bids for

subcontracts to eligible, available, and capable WMBE, SBE, and VBE firms to

perform commercially useful functions.

(2) At the request of the relevant Port department, when inclusion plans are

required, contractors shall furnish evidence of the contractor's compliance with

such requirements and will submit evidence of compliance when requested.

Contractors shall provide records necessary to document affirmative efforts to

subcontract with WMBE businesses on Port contracts.

(3) Compliance with all requirements and past performance under this policy

directive may be included in the evaluation of future procurements.

(4) Contracts funded in whole or in part with federal funds or that are otherwise

subject to federal contracting or other federal legal requirements (collectively

“Federally-Regulated Contracts”). Federally-Regulated Contracts shall comply

with all applicable federal laws, regulations, and orders, including those related

to DBEs, ACDBEs, WMBEs, SBEs, and VBEs. To the extent permitted by those

federal laws, regulations, and orders, and only to that extent, the provisions of

this Policy Directive shall also be applied to Federally-Regulated Contracts. In

contracts subject to 9 CFR 26. Subpart C, regarding Disadvantaged Business

Enterprises (DBE), references to Women and Minority Businesses shall also

include federally recognized ACDBEs or DBEs. In the event of a conflict between

the provisions of this chapter, or the rules implementing this policy directive, and

the requirements of 49 CFR 26, Subpart C, or 49 CFR Part 23, Subpart D, or any

other superseding applicable federal statute or regulation, the provisions of the

federal statute or regulation shall control.

F. Expanding Opportunity.

(1) The Port shall review and expand opportunities for WMBE, SBE, and VBE firms in

other Port enterprise opportunities, for example real estate leases, to encourage

and promote access to Port facilities.

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Port of Seattle Commission Diversity in Contracting Policy

Directive

(Res. )

SECTION 6. Program Evaluation.

A. Benchmarks and metrics to evaluate the Diversity in Contracting Program shall

include:

(1) Incorporation of WMBE goals to the fullest extent reasonable, including

incorporation into Century Agenda Key Performance Indicators (KPI), reports,

and updates.

(2) Specific measures the contract awarding authority will undertake to increase the

participation of women, minority, veteran-owned, and small businesses and to

reduce disparities, including the number of events or outreach activities

conducted to ensure responsiveness to bid opportunities.

(3) Progress towards specific division WMBE utilization goals, including the number

of opportunities a division has available, the goals established for those

opportunities and the actual utilization, including periodic review of disparity

study results to determine reasonableness of goals.

(4) Data reporting using the standard procedure identified in the Diversity in

Contracting program for the Port-wide collection and reporting of relevant

demographic data including percent of spend, number of businesses, and type of

procurements. This also includes all relevant data systems to comply with United

States’s Department of Transportation’s Disadvantage Business Enterprise (DBE)

program requirements.

(5) Preparation and publication of an annual report titled Diversity in Contracting

Annual Report.

SECTION 7. Fiscal Implications.

Fiscal implications shall be reviewed by the Executive Director annually, at a minimum, to ensure

the implementation of the policy directive is adequately resourced and shall submit a budget

request as appropriate.

Resolution 3836 Page 10 of 10

Revision History 1

July 8, 2025 Resolution No. 3836, increasing women and minority business 3

opportunities. 4

January 9, 2018 Resolution 3737, establishing the Diversity in Contracting Policy 6

Directive, was adopted. 7