§ 37.28 REQUIREMENTS FOR AWARD OF METRO GOVERNMENT CONTRACTS.
   (A)   All persons, firms, corporations, or associations seeking to or desirous of bidding on contracts, leases or other agreements with the Metro Government that require an expenditure of exceeding the amount set in KRS 67C.119 shall submit in writing pursuant to adopted rules and regulations a request to the Commission for approval as a contractor or vendor prequalified under this subchapter to do business with the Metro Government.
   (B)   Any person, firm, corporation or association that submits an otherwise qualified bid for a contract, lease or other agreement pursuant to the provisions of KRS Chapter 45A, Model Procurement Code, KRS 424.260, or any future procurement ordinance but that has not been prequalified pursuant to this subchapter, may be approved by the Commission pursuant to its rules and regulations. Any such person, firm, or corporation which eventually is approved by the Commission shall thereafter be qualified and considered eligible for award of such contact, lease or other agreement contingent upon yearly re-evaluations under the guidelines of this subchapter.
   (C)   Except as set forth in subsection (D), every contract, lease or agreement awarded by the Metro Government that is required to be advertised for bids or proposals, whether pursuant to KRS Chapter 45A, Model Procurement Code, KRS 424.260, or any future procurement ordinance enacted by the Metro Government, shall include the following language:
"All parties hereto acknowledge this Agreement is subject to Louisville/Jefferson County Metro Government Ordinances, relating to the requirement of an affirmative action plan or other equal employment criteria for contractors and vendors to do business with the Metro Government. Failure to comply with the terms of said Ordinances will be cause for suspension, termination or cancellation of this Agreement."
   (D)   If a contract, lease or agreement with the Metro Government has been advertised for bids twice with no responsive bidders who have been approved by the Metro Government or recommended for approval by the Commission to the Metro Government then, and in that event, the provisions of this subchapter shall not apply to any subsequent readvertisement of that particular contract, lease or agreement.
   (E)   The Commission shall make available a list of all bidders who have been prequalified and shall distribute the list to the appropriate purchasing officers, employees, or agents of the Metro Government.
(1994 Jeff. Code, § 39.13) (Jeff. Ord. 16-1987, adopted and effective 7-28-1987; Lou. Metro Am. Ord. No. 214-2005, approved 12-12-2005)