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(a) The Director, at the time of a solicitation, must publish notification to businesses when the solicitation may result in a High Dollar Value Contract.
(b) The Director must encourage Local Business participation in applicable High Dollar Value Contract opportunities by:
(1) adding a provision in a solicitation for a High Dollar Value Contract that requires a Contractor to exercise good faith in its effort to subcontract 10% of the dollar value of the contract to one or more Local Businesses;
(2) requiring a Contractor on a High Dollar Value Contract to:
(A) submit a Local Business subcontracting plan describing how the Contractor proposes to meet the 10% Local Business Subcontracting Program goal;
(B) identify, before initial Contract Award, each Local Business with which the Contractor intends to subcontract and the projected dollar amount of each subcontract or percentage of the contract dollar amount allocated to each subcontract; and
(C) promptly notify the Using Department of any change in the information required under (A) and (B) of this subsection during the contract term.
(3) requiring the Contractor to comply with Local Business Subcontracting Program goals throughout the contract term.
(c) A Contractor’s failure to satisfy the requirements of the Local Business Subcontracting Program, including a failure to submit documentation required by the Director to show compliance, may constitute a breach of the contract for which the County may withhold payment or impose liquidated damages, in addition to any other remedies available to the County.
(d) The Director may waive all or part of the Local Business subcontracting requirements for a specific contract under appropriate circumstances as established by Executive Regulation.
(e) The Director may require each Contractor and Local Business that participates in the Local Business Subcontracting Program to provide information concerning utilization by the Contractor of Local Businesses in a High Dollar Value Contract. (2016 L.M.C., ch. 16, § 1.)