(A) Notwithstanding its compliance with any other requirement of city ordinances, no bidder shall be awarded an eligible project unless the Contract Compliance Officer/Personnel Director has approved the LBE, MBE and FBE participation program of the bidder designed by said bidder to meet the applicable yearly goals set for such projects, which requirements shall be to be incorporated into its contract with the city and which program shall include, at a minimum, the following:
(1) The listing by the bidder and its response to an invitation for bid or request for proposal, of the names of LBEs, MBEs and FBEs to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work. Such names of LBEs, MBEs and FBEs shall not be changed after the submission of bids or proposals without the prior approval of the Contract Compliance Officer/Personnel Director; such approval shall not be unreasonably withheld.
(2) Bidders who fail to identify the LBEs, MBEs and FBEs by name, scope of work and dollar value of work in their bids or proposals sufficient to meet the LBE, MBE and FBE percentage goals shall not be awarded eligible projects; such proposals or bids to include the following:
(a) Copies of written notification of LBEs, MBEs and FBEs that their interest in the subcontractor solicited;
(b) A statement of the efforts made to select portions of the work proposed to be performed by LBEs, MBEs and FBEs in order to increase the likelihood of achieving the stated goal;
(c) A statement of the efforts made to negotiate with LBEs, MBEs and FBEs, including, at a minimum: the names, addresses and telephone numbers of LBEs, MBEs and FBEs who are contacted; a description of the information provided to LBEs, MBEs and FBEs regarding the plans and specifications for portions of the work to be performed; and a statement of the reasons why additional agreements with LBEs, MBEs and FBEs, if needed to meet the stated goals, were not reached;
(d) A statement of efforts made to assist LBEs, MBEs and FBEs contacted who needed assistance in obtaining bonding and insurance which the bidder requires; and
(e) As to each LBE, MBE and FBE contacted, but which the bidder considered not to be qualified, a statement of the reasons for the bidder’s conclusion.
(B) The Personnel Director shall consider such application prior to the award of the eligible project in question and shall grant administrative waivers where reasonable good-faith efforts are shown.
(‘68 Code, § 2-1705) (Ord. 603, passed 8-15-83)