(a) If a Bidder is unable to meet the goals for a Contract established under division (a) of Section 187.04 for CSBs or division (a) of Section 187.06 for MBEs and FBEs, it may submit a request for exception to the Director prior to bid opening. The request for exception shall include such documentation as the Director specifies in the Regulations that demonstrates the Bidder’s good-faith effort to use CSBs, MBEs, and FBEs to achieve the applicable goal.
(b) If, after a Contract is awarded, a Contractor is unable to utilize a CSB, MBE, or FBE identified in the Contractor’s bid or proposal, it shall make a good- faith effort to identify and propose, and request the Director’s approval of a substitute CSB, MBE, or FBE, respectively, to fulfill its utilization commitment. If, after good-faith effort, the Contractor is unable to find a substitute, it may request the Director to waive its utilization commitment. The request must document, as the Director prescribes in the Regulations, both the Contractor’s good-faith effort to find a substitute and the reasons it is unable to meet the goal.
(c) A Contracting Department may request the Director to waive or reduce the goal for CSB, MBE, and FBE participation in a particular Contract by submitting the reasons for the request in writing prior to soliciting bids or proposals.
(1) The Director may grant a waiver or reduction upon determination that:
A. The reasonable and necessary requirements of the Contract preclude subcontracting or participation of Business Enterprises other than the Bidder or proposer; or
B. Based upon documentation submitted to the Director, sufficient CSBs, MBEs, and/or FBEs, certified, qualified and capable of providing the goods or services the Contract requires are unavailable despite every practicable attempt to locate and utilize them.
(2) In any grant of a goal reduction, the Director shall specify the percentage to which the goal is reduced.
(3) Whenever the Director denies a request to waive or reduce a goal, the Contracting Department may appeal that denial to the Mayor whose decision on the request shall be final.
(1) Whenever the director of a Contracting Department finds, with the advice of the Director, that the goods or services are available only from a sole source, and the prospective Contractor is not currently disqualified from doing business with the City; and
(2) If the director of a Contracting Department certifies in writing to the Director that:
A. An emergency exists which requires goods or services to be provided with such immediacy that it is impracticable to comply with the requirements of this chapter; and
B. The prospective Contractor is a CSB, MBE, or FBE, or if not, that the prospective Contractor will make a good-faith effort to subcontract to CSBs, MBEs, and FBEs, as applicable, should subcontracting opportunities exist.
(Ord. No. 77-08. Passed 2-4-08, eff. 3-15-08)