(A) In any procurement by or on behalf of the Metro Government, where such procurement activity is required to be advertised pursuant to this chapter, all such advertisements shall include, in addition to all other necessary information, the following language: Participation by certified female owned, certified disabled owned, certified minority owned, certified second chance supporting, and certified LGBT owned business entities or utilization by contractors of certified female, certified disabled, certified minority, certified second chance supporting, and certified LGBT owned business enterprises as subcontractors, if the instant contract requires or warrants the use of subcontractors, is strongly encouraged and will be a consideration in determining the award of this contract.
(B) (1) In any procurement by or on behalf of the Metro Government, where such procurement activity is required to be advertised pursuant to this chapter, the Chief Procurement Officer, or a designee, shall advise, in writing, all contractors or participants in such procurement that they are to utilize their best good faith efforts to utilize subcontractors, certified female owned, certified disabled owned, certified minority owned, certified second chance supporting, and certified LGBT owned businesses if the procurement situation requires or warrants the use of subcontractors. Good faith efforts by contractors shall be made to reach the goals established by § 37.67.
(2) While the foregoing guidelines on the utilization of certified female, certified disabled, certified minority, certified second chance supporting, and certified LGBT owned businesses as subcontractors are recommended goals, failure to meet such goals will not result in disqualification from participation in the particular procurement process. Contractors, however, will be expected to provide written explanations to the Executive Director of the Human Relations Commission and Chief Procurement Officer of efforts they have made to utilize as subcontractors from certified minority, female disabled, and LGBT owned businesses. Good faith efforts of a potential bidder include, but are not limited to the following:
(a) Attendance at pre-bid meetings, if any, scheduled to inform minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises of prime and subcontracting opportunities;
(b) Advertisement in general circulation media, trade association publications, minority, LGBT, second chance supporting, and female business enterprise media to provide notice of subcontracting opportunities;
(c) Communication with the Human Relations Commission Office seeking assistance and identifying available qualified minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises;
(d) Efforts made to select portions of work for minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises subcontracting in areas with established availability or minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises subcontractors;
(e) Providing a minimum of ten days written notice to known qualified minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises that their interest in prime and subcontracting opportunities or furnishing supplies is solicited;
(f) Efforts to negotiate with qualified minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises for specific sub-bids, including reasons for rejection of any such sub-bids offered;
(g) Efforts made to assist qualified minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises meet bonding, insurance, or other governmental contracting requirements; and
(h) As to each minority, female, disabled, second chance supporting, and LGBT owned businesses enterprises contacted which the bidder, contractor or vendor, considered not to be qualified, a statement of the reasons for the conclusion.
(C) The exercise of these good faith efforts shall establish a rebuttable presumption that a potential bidder has complied with this good faith provision.
(D) In any procurements by the Metro Government not required to be advertised pursuant to this chapter, every effort shall be made by the Chief Procurement Officer, or his or her designee, to ensure that certified female owned, certified disabled owned, certified minority owned, certified second chance supporting, and certified LGBT owned businesses are included in the pool of persons or business entities otherwise qualified and considered for the particular procurement.
(1999 Lou. Code, § 37.68) (Lou. Ord. No. 140-1988, approved 5-20-1988; Lou. Metro Am. Ord. No. 102-2007, approved 6-4-2007; Lou. Metro Am. Ord. No. 31-2020, approved 3-9-2020; Lou. Metro Am. Ord. No. 185-2022, approved 12-7-2022)