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(a) Any procurement by a using department of goods, services, or construction is eligible for designation for the local small business reserve by the using department director or a designee, except any procurement that would be excluded under Section 11B-66(c).
(b) A solicitation for a procurement that has been designated for a local small business reserve must be published in the same manner as required for other solicitations under Article III.
(c) The procurement officer of a designated procurement unit must award a procurement contract designated for a local small business reserve to the responsible local small business that submits an offer that:
(1) is the lowest bid price;
(2) if the invitation for bids so provides, is the lowest evaluated bid price; or
(3) is the bid or proposal most favorable to the County within the local small business reserve.
(d) A business must affirm and provide supporting documentation to the Director to show that it is a local small business as defined in Section 11B-65(a). The Director may investigate and verify the information provided on the application.
(e) A local small business is no longer eligible for a procurement under this Article if the business has been awarded $10 million in the aggregate in County contracts and at least 10 separate contracts, as either a prime contractor or a subcontractor, beginning January 1, 2006. The Director must provide written notice to the business when it is no longer eligible.
(f) The Chief Administrative Officer may waive the application of this Article to a specific contract if the Chief Administrative Officer finds that the application of this Article conflicts with the overall objectives and responsibilities of the Chapter. The Chief Administrative Officer must keep records on the number of waivers issued and the reason for each waiver. This information must be reported to the Council in the annual report on the Program under Section 11B-69(b).
(g) This Article does not give any person, including a local small business, any right or status, including standing, to challenge the award of a contract or subcontract under the County procurement system. This Article is enforceable only through the oversight function of the Chief Administrative Officer and the Council. (2005 L.M.C., ch. 3, § 2; 2010 L.M.C., ch. 7. § 1; 2010 L.M.C., ch. 49, § 1; 2015 L.M.C., ch. 44, § 1.)
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.