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(a) Except as provided in Subsection (c), this Article applies to all procurements by a using department.
(b) Minimum Requirements.
(1) Subject to Method 2 regulations, a using department’s procurement procedures must award a minimum of 25 percent of the using department’s combined dollar value of contracts issued for goods, services, or construction, including direct purchases, to local small businesses.
(2) A using department must have a goal to award at least 50 percent of the combined dollar value of its direct purchases to local small businesses.
(c) The total dollar value of procurements by a using department does not include:
(1) the value of any contract to which this Article does not apply because of a conflict with state or federal law or a grant requirement;
(2) a preexisting contract executed by the County;
(3) a non-competitive contract award made under Section 11B-14;
(4) a public entity procurement;
(5) an emergency procurement;
(6) a bridge contract;
(7) a cooperative procurement;
(8) any waiver made under Section 11B-67(f);
(9) any procurement where no local small business is qualified or able to perform the contract; or
(10) any single procurement that is estimated to exceed $10 million.
Editor’s note—2005 L.M.C., ch. 3, § 3, amended by 2009 L.M.C., ch. 9, § 2, and further amended by 2012 L.M.C., ch. 20, § 1, states: The Office of Legislative Oversight must begin a review of the Program one year after its implementation begins and must report to the Council about the effectiveness of the Program.