A. The county may allocate up to a five percent competitive bid incentive to available SBEs who bid on eligible contracts in the amount of five hundred thousand dollars or less. If the cost of the bid incentive reaches thirty-five thousand dollars during any fiscal year, the county administrator shall notify the county board of supervisors so that the board may consider whether or not to continue the incentive during the remainder of that fiscal year. Notice of any bid incentive shall appear in county solicitation documents.
1. Bid Incentive Percentage. Unless otherwise indicated, all eligible contracts shall be subject to the bid incentives of this article. In determining the lowest responsive and responsible bid on all eligible contracts, the bid submitted by a certified SBE shall be adjusted by reducing the bid price(s) of such business by up to five percent. This adjustment shall be solely for the purpose of establishing the apparent low bidder. The actual value of the contract awarded shall be the amount of the actual bid submitted by the SBE.
2. Bid Incentive for Joint Ventures. A joint venture shall receive a bid incentive for an eligible contract in accordance with this section if SBE participation equals or exceeds thirty-five percent of the joint venture. The non-SBE partner must be responsible for a clearly defined portion of the work to be performed and shared in the joint venture's ownership, control, management responsibilities, risks and profits. The portion of the SBE joint venture's work shall be set forth in detail separately from the work to be performed by the non-SBE joint venture partner. The SBE joint venture's portion of the contract must be assigned a commercially reasonable dollar value. The bidder shall permit the county to review all records pertaining to joint venture agreements before and after the contract award, to the extent reasonably necessary to assess compliance with this title.
B. The county may reserve up to ten percent of the solicitation of all goods, supplies and general services procurements for competition exclusively among certified SBEs. For these procurements, there shall be no bid incentive. Before the county may reserve goods, supplies and general services procurements for competition exclusively among certified SBEs, the county shall consider the availability of certified SBEs who are qualified, willing and able to provide materials or services in connection with the particular procurement.
C. Exemptions from bid incentive requirements on eligible contracts. The applicable bid incentive shall not apply to the following contracts with the county:
1. Contracts that exceed five hundred thousand dollars in total annual value;
2. Contracts with nonprofit agencies;
3. Contracts for the provision of services that are paid for directly by citizens of the county and not from county funds;
4. Contracts, if any, reserved for competition exclusively between SBEs.
(Ord. 2017-28 § 1, 2017; Ord. 2011-15 § 1 (part), 2011: Ord. 2009-47 § 1 (part), 2009: Ord. 2003-63, 2003; Ord. 1997-44, 1997)