§ 324-21. Requests for Pre-Award Waivers or Reductions of Contract Participation Goals.

(a)

A contracting agency may make a written request to the director for a waiver or reduction of the MBE and/or WBE contract participation goals before bids are solicited or RFPs or RFQs are published.

(1)

The director may grant the waiver or reduction if the director determines that either:

(A)

The reasonable and necessary requirements of the contract render subcontracting or other participation of businesses other than the bidder or respondent infeasible; or

(B)

There are not at least two qualified and certified MBEs or WBEs in the Cincinnati market area capable of providing the goods or services, despite feasible attempts to locate them.

(2)

If the director denies a request to waive or reduce an MBE or WBE contract participation goal, the contracting agency may appeal that denial to the city manager.

(b)

The bidder or respondent may make a written request to the director for a waiver or reduction of the MBE and/or WBE contract participation goals at the time of bid opening or submission of the response to an RFP or RFQ if it is unable to comply with the MBE and/or WBE contract participation goals for the contract.

(1)

The request must include documentation that demonstrates the bidder's good faith efforts, as defined in the rules and regulations for this chapter, to meet the goals.

(2)

The director will review submitted requests for waivers or reductions and documentation of good faith efforts only in the event no bid or response that is determined by the city purchasing agent to be lowest and best or most advantageous and therefore eligible for award meets the MBE or WBE contract participation goals.

(3)

In evaluating whether a bidder or respondent has made a good faith effort to meet the MBE or WBE contract participation goals, the director must consider the following factors:

(A)

Whether the bidder or respondent identified sufficient subcontracting work;

(B)

Whether the bidder or respondent conducted broad-based advertising to reach MBEs and WBEs;

(C)

Whether MBEs and/or WBEs were given adequate notice of the subcontracting opportunity;

(D)

Whether the bidder or respondent followed up initial solicitations of written notice to MBEs and/or WBEs to determine their interest;

(E)

Whether the bidder or respondent provided plans and specifications for the project; and

(F)

Whether the bidder or respondent offered advice and assistance with bonding, insurance and credit lines.

(4)

A contract may not be awarded to a bidder or respondent whose request for a waiver or reduction of WMBE or WBE contract participation goals is denied by the director.

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