§ 324-23. Requests for Post-Award Waivers or Reductions of Contract Participation Goals; Substitution of MBEs or WBEs.

(a)

If, after award of a contract, the contractor is unable to meet the established MBE or WBE contract participation goal(s) for the contract through the use of an MBE or WBE specified by the contractor in the MBE/WBE subcontractor utilization plan submitted with its bid or response, the contractor must seek a substitute certified MBE or WBE to fulfill its commitment.

(1)

Any proposed substitution of a certified MBE listed on the contractor's MBE/WBE subcontractor utilization plan with another certified MBE or proposed substitution of a certified WBE listed on the contractor's MBE/WBE subcontractor utilization plan with another certified WBE shall require the written approval of the director.

(2)

If a contractor has established the basis for a substitution to the satisfaction of the director, the contractor may seek the assistance of the director in obtaining a new applicable certified MBE or WBE as a substitute.

(b)

If, after making good faith efforts, as defined by the rules and regulations for this chapter, the contractor is unable to find a qualified and certified MBE or WBE substitute capable of performing the work on the contract, the contractor must request a post-award waiver from the director, which, if granted, will permit the contractor to substitute a non-certified MBE or WBE, if available, or a non-MBE or non-WBE if there is no other qualified MBE or WBE available.

(c)

A request for approval of an MBE or WBE substitute or a post-award waiver must meet all of the following criteria:

(1)

Be in writing;

(2)

Document the reasons for the contractor's inability to meet its original MBE or WBE subcontractor utilization commitment with an MBE or WBE listed on the contractor's MBE/WBE subcontractor utilization plan; and

(3)

Document either the name and qualifications of the proposed substitute certified MBE or WBE or the good faith efforts made to find a substitute qualified and certified MBE or WBE.

(d)

The director's decision to permit or deny a proposed substitution or waiver, and the basis of any denial, shall be communicated to the contractor, the MBE or WBE originally listed on the MBE/WBE subcontractor utilization plan, and any proposed substitute MBE or WBE in writing.

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