§ 324-17. Contracting Agency Duties; Unbundling Contracts.

(a)

Every contracting agency must ensure that invitations to bid, RFPs or RFQs originating with the contracting agency comply with this chapter.

(1)

All invitations to bid, RFPs or RFQs must include a requirement that, if an MBE or WBE contract participation goal is applicable, the bidder or respondent must:

(A)

Make good faith efforts, as defined by the rules and regulations of this chapter, before the opening of bids or submission of proposals to meet the applicable contract participation goal; and

(B)

Keep records of its good faith efforts adequate to permit a determination of compliance with this chapter.

(2)

Each contract must require the contractor during the term of the contract to:

(A)

Fulfill the subcontracting commitments submitted with the bid or response;

(B)

Continue to make good faith efforts to utilize certified MBEs and WBEs in the performance of the contract;

(C)

Maintain records reasonably necessary for monitoring compliance with this chapter;

(D)

Make payments to its subcontractors in accordance with Section 319-9 of the Cincinnati Municipal Code; and

(E)

Submit copies of signed agreements with MBEs or WBEs before a notice to proceed is issued or the contractor otherwise begins providing services under the contract.

(b)

The head of each contracting agency, or his or her designee, shall be primarily responsible for achieving the goals of the MBE/WBE program and shall, on a continuing basis, review all aspects of the contracting agency's operations to assure that the purposes of the MBE/WBE program are being served.

(c)

All contracting opportunities must be evaluated in an effort to determine whether the total requirements of a contract may be unbundled or divided into smaller contracts in order to provide reasonable opportunities for participation by MBEs and/or WBEs.

(Ordained by Ord. No. 308-2015, § 1, eff. Jan. 1, 2016)