§ 66-266. Prohibition on pass-through services.

Latest version.

It is prohibited to use a MWBE as a conduit; pass-through or broker of services, rather than an actual provider of such services or work. Accordingly, to qualify as an MWBE prime contractor or consultant, or an MWBE subcontractor, the following shall apply:
(1)

Only MWBEs that perform a commercially useful function in the work of a contract may be counted towards the MWBE utilization.

(2)

If a MWBE subcontracts more than 75 percent of the work of a contract, the MWBE shall be presumed not to be performing a commercially useful function. The MWBE may present evidence to rebut this presumption to the procurement official, with any decision in that regard being based upon normal industry standards.

(Ord. No. 4679-18, § 3, 12-17-2018)

                    
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