20.24.020   Compliance with individual project subcontracting goals.
   A.   Procedure.
      1.   When the county has established subcontracting goals for a project, such goals will be published in the project specifications and the call for bids.
      2.   All bidders are required to submit a subcontractor equity packet with their bid packet. The subcontractor equity packet will contain either:
         a.   The information necessary to show that the prime contractor will comply with the subcontracting goals, including a complete listing of SBE subcontractors to be used and the proposed SBE dollar percentage of each subcontract; or
         b.   A request for waiver of the goals.
      3.   SBE prime contractors may count their own participation towards fulfillment of the project's subcontracting goals.
   B.   Subcontractor Equity Packets. Each bidder shall submit a subcontractor equity packet which includes the names, addresses, and contact persons of the SBEs to be used on the project; the type of work or services to be performed; the value of the commercially useful function to be performed by the SBEs; the percentage of the value of the commercially useful function to be performed by the SBEs as compared to the total contract amount; a verified statement from the bidder that the dollar amount of work to be performed by named SBEs was furnished to the bidder prior to bid opening; documentation reflecting the bidder's equal opportunity employment practices; and other relevant information as required. Project goals may be met in the following ways, unless otherwise specified:
      1.   The bidder may use a certified SBE or SBEs as subcontractors, and the value of the commercially useful function to be performed by such SBE(s) shall count toward satisfaction of the applicable goal. The named SBE subcontractor(s) may enter into second tier subcontracts, consistent with industry practices; however, if the named SBE subcontracts work to a non-SBE in proportions outside standard industry practice, the SBE shall be presumed not to be performing a commercially useful function; or
      2.   The bidder may contract with a certified SBE supplier(s) and obtain credit towards participation goals as follows:
         a.   If the SBE supplier manufactures the goods supplied, then the total dollar amount of the subcontract is credited towards the established SBE goal; or
         b.   If the SBE supplier is a wholesaler warehousing the goods supplied, or is a manufacturer's representative, then the total contract amount is credited towards the established SBE goal; however, only twenty-five percent of the project SBE goal may be met in this manner; or
      3.   The bidder may engage in a joint venture to satisfy the established SBE goal. The degree of SBE participation credited towards the goal will be determined according to a consistent methodology developed by the procurement director.
(Ord. 2017-28 § 4, 2017; Ord. 2011-15 § 1 (part), 2011: Ord. 2009-47 § 1 (part), 2009: Ord. 1997-44, 1997)