§ 66-262. Professional services subcontractors.

(a)

Applicable procurements . This section shall apply to all procurements for professional services, except: professional services contracts awarded to an eligible firm under the MWBE program and the MWBE will perform at least 25 percent of the professional services, emergency procurements, or other procurements for which MWBE program requirements have been waived in accordance with this article.

(b)

MWBE subcontractor goals . The MWBE subcontractor goal for professional services will be 9.92 percent of the total contract value.

(c)

Eligible firms . The MWBE eligible to meet the MWBE subcontractor goal for professional services contracts shall be owned by African-Americans.

(d)

Proposals . Any proposal for a professional services contract failing to meet the established MWBE goal shall be deemed non-responsive and shall be disqualified, except where the procurement official determines that such disqualification would not be in the best interests of the city under the particular circumstances. All proposers must submit, as part of their bid documentation, a subcontractor utilization plan which includes the following:

(1)

Statement of MWBE participation which identifies all MWBEs which will be utilized as subcontractors by type of eligible firm; and

(2)

A letter of intent signed by each MWBE subcontractor(s).

The subcontractor utilization plan included in the proposal shall reflect the intent of the proposer and MWBE subcontractor(s) to establish a business relationship as well of the type of work and percentage of work that the MWBE subcontractor will perform. Failure to submit a complete subcontractor utilization plan shall be grounds for disqualification from participation in that specific procurement.

(e)

Qualified subcontractors . Subcontractor utilization will count towards MWBE goals only for MWBE subcontractors who are certified in a specific line of work or business for which a defined scope of work is sought at the time of proposal. MWBE goals may not be met by subcontractors that do not perform a commercially useful function or that are not qualified or certified to provide the services as indicated in the proposal and subcontractor utilization plan.

(f)

Self-performing . If an MWBE proposer certifies that it will self-perform 25 percent or more of the services with its own forces, it will not be required to comply with the MWBE subcontracting goals. If the MWBE proposer does not certify that it will self-perform at least 25 percent of the project, then the MWBE proposer must comply with the MWBE subcontracting goal.

(g)

Post-award subcontractor changes . If after the contract award, the prime contractor chooses to subcontract work that it proposed to self-perform to a non-MWBE, or the prime contractor chooses not to utilize the MWBE subcontractors identified in its bid or subcontractor utilization plan, the prime contractor may face penalties pursuant to section 66-269 of this Code, unless approved in writing by the procurement official.

(h)

Copies of subcontracts . A copy of each executed subcontract with each MWBE listed in the proposal and subcontractor utilization report shall be submitted to the city within 20 calendar days of execution of a contract with the city.

(Ord. No. 4679-18, § 3, 12-17-2018)