(1) The Director of the Department of Diversity, Equity and Inclusion, in consultation with the Commissioner of Purchases and Supplies, will set specific, separate percentage-based MBE and WBE subcontracting goals on a contract-by contract basis for prime contracts in Construction, Architecture & Engineering, Professional Services, and Other Services valued in excess of seventy-five thousand dollars ($75,000).
(A) The City shall establish such goals based upon the type of contract, the type of subcontracting work that will be required, and the availability of MBE/WBE firms to perform the work for that specific contract.
(B) A contract goal will only be set to include the MBE/WBE groups or categories for which significant underutilization was demonstrated in the City's most recent Disparity Study.
(C) Contract goals shall be based upon careful analysis of the availability of commercially useful subcontracting opportunities within a given contract and the relative, reasonable availability of MBE/WBE firms to perform required tasks on such subcontract opportunities, based on available data for such firms in the Toledo Market Area.
(D) The City shall not establish Subcontracting Goals on contracts where (a) there are no subcontracting opportunities identified for the contract; or (b) there are not at least three MBE and/or WBE firms that are available and capable to perform a Commercially Useful Function (as defined in the City's "Procedures and Guidelines for Minority Business Enterprise (MBE)") for the overall subcontracting opportunities on the contract.
(2) Bidders must submit all information related to subcontracting opportunities with MBE and WBE firms as required in the City's bid request or request for proposals.
(3) Bidders agree to seek meaningful subcontracting opportunities with MBE and WBE firms to meet the MBE or WBE goals set for a contract. Bidders shall submit information as part of their bid response demonstrating a good faith effort evidencing meaningful search and solicitation commitments to include MBE and WBE firms for subcontracting work in conformance with bid request. The City reserves the right to consult with the winning Bidder to firm and improve the MBE and WBE subcontracting goals before contract execution, which mutually agreed upon goals shall become a material part of the contract.
(Ord. 238-23. Passed 5-30- 23.)