§ 324-19. Subcontractor Utilization.

(a)

In addition to any other applicable requirements, invitations to bid, RFPs and RFQs must include a requirement that the bidder or respondent include in its bid or response either a certified MBE/WBE subcontractor utilization plan in which the bidder or respondent commits to utilize certified MBEs and/or WBEs in a percentage that equals or exceeds the applicable contract goals or a waiver or reduction request in compliance with Section 324-21(b). The subcontractor utilization plan must include the following information:

(1)

The name of each certified MBE or WBE to which the bidder or respondent intends to award a subcontract;

(2)

Whether the subcontractor is a certified MBE or WBE;

(3)

The dollar value of each subcontract;

(4)

The scope of work to be performed under that subcontract; and

(5)

Any other information the director requires in order to determine whether the certified MBE or WBE will be performing a commercially useful function or whether the contract participation goals have been satisfied.

(b)

Bids and responses to RFPs or RFQs that do not include a certified MBE/WBE subcontractor utilization plan or a waiver or reduction request in compliance with 324-21 prior to bid opening or response submission are non-responsive.

(c)

Each bidder or RFP or RFQ respondent is responsible for verifying that all MBEs and WBEs to be utilized as subcontractors have been certified by the director before bid opening or response submission.

(d)

During the term of the contract, any failure to comply with the levels of certified MBE or WBE participation identified in the bid or response that is not approved by the director is a material breach of the contract.

(Ordained by Ord. No. 308-2015, § 1, eff. Jan. 1, 2016; Emer. Ord. No. 152-2017, § 25, eff. July 1, 2017)