(A) No business shall be considered a local business regarding an invitation for bid unless such business shall have satisfied the requirements as set forth in this subchapter.
(B) The Director shall prepare an application form for certification as a local business with said form requesting such information and proof as deemed necessary to qualify the applicant under the terms of this subchapter.
(C) A local business shall complete the application form and submit it to the Director with the submission of bids of any contract in which the local business desires to be given a preference. The Director shall not award a contract until the business who is seeking to be certified is certified. The Director will make every effort to determine whether a business is certified in a timely and reasonable manner.
(D) The Director shall examine the application and if necessary may seek additional information or proof to assure that the business is entitled to the preference. The Director shall not grant the certification if any one of the requirements of this subchapter is not satisfied.
(E) A bidder or RFP respondent who is denied local business status may petition the Director of Purchasing within five business days of the denial letter date. The petition shall outline the reasons why local business status should be awarded. After a review of the petition, a hearing will be set by the Director of Purchasing who will hear the petition and render a decision upholding or setting aside the initial determination. The Director of Purchasing's decision shall be final.
(F) Any bidder or RFP respondent may challenge in writing, within three business days following the day in which a contract is awarded for a particular project, the grant of a local vendor preference to another bidder or RFP respondent pursuant to this subchapter for such contract. The challenge shall outline the reasons why the local business preference should not have been awarded. After a review of the challenge, a hearing will be set by the Director of Purchasing who will hear the challenge and render a decision upholding or setting aside the initial determination. The Director of Purchasing's decision shall be final.
(G) If any bidder or RFP respondent is deemed a local business by the Metro Government on the basis of supplying false information, then the bidder or RFP respondent will be subjected to a fine equal to 25% of the total contract price. Any decision made by the Purchasing Director under this section which is adverse to a bidder or RFP respondent for local business certification who has been awarded a contract with the Metro Government may be reviewed by the Secretary of the Cabinet for Finance and Administration at the request of any such bidder or RFP respondent for local business certification, provided that a request for review shall be in writing, and shall specify with particularity the grounds for the request. Procedures for conducting any such review shall be within the sole discretion of the Secretary of the Cabinet for Finance and Administration and his/her decision after review shall be final.
(1994 Jeff. Code, § 37.03) (Jeff. Ord. 5-1991, adopted and effective 2-26-1991; Jeff. Am. Ord. 14-1998, adopted and effective 6-9-1998; Lou. Metro Am. Ord. No. 233-2003, approved 12-19-2003; Lou. Metro Am. Ord. No. 216-2012, approved 12-10-2012)