2.107.030 Public Works Contracting Requirements.
Public works contracts shall be awarded and administered in accordance with the following standards and procedures:
A. The County will establish the following annual MBE and WBE goals on public works contracts in excess of $10,000.00:
MBE: 14 percent
WBE: 8 percent
These are overall goals, and particular contracts may have higher or lower goals. Where an outside funding agency has a requirement for a combined overall goal for Disadvantaged Business Enterprises (DBEs), inclusive of M/WBEs, the County's combined overall annual goal shall be the sum of the separate MBE and WBE annual percentage goals.
B. Invitations to bid and requests for proposals shall require bidders and proposers to affirmatively solicit commercially useful participation by M/WBE subcontractors and suppliers, and include in their bid or proposal commercially useful M/WBE participation that equals or exceeds a percentage to be determined by the Executive for the contract. The Executive shall determine the MBE and WBE percentage goals for each contract, or may waive the percentage requirement, based upon the following:
1. the annual goals and the extent to which they will otherwise be satisfied;
2. the subcontracting, joint venture, supply, and other opportunities presented by the contract;
3. the availability of qualified MBEs or WBEs to perform work under the contract;
4. the location of the project and of the contractors and subcontractors likely to compete for the contract;
5. the degree of economic burden, unjustifiably high prices, or risk that would be imposed on the County or on contractors;
6. the extent to which goods or services under the contract must be immediately provided or an emergency otherwise exists;
7. the fact that the contract involves federal, state, or local funding and/or requirements; and
8. the best interests of the County.
C. The Executive may reduce M/WBE contract goals for contractors who state in writing under oath that their overall utilization of M/WBEs certified by the OMWBE on private sector projects during the preceding calendar year has met or exceeded the percentages set forth in PCC 2.107.030 A., provided the contractor submits information acceptable to the Executive showing the extent of their public and private sector utilization of M/WBE's during each of the three preceding calendar years the contractor has been in business.
D. In addition to the percentage utilization goals, the Executive may require that a minimum number of MBEs or WBEs participate in certain contracts or in contracts of a certain size.
E. Bids or proposals that do not satisfy the above requirements, including the MBE and WBE participation requirements, or that do not satisfy bid or proposal conditions that are deemed by the Executive to facilitate these requirements, shall be declared non-responsive, provided that the Executive may award to the otherwise responsive low bidder if he determines that the bidder has made a good faith effort to attain the M/WBE contract goal(s) by achieving MBE and WBE participation which meets or exceeds the average MBE and WBE participation achieved by all bidders. If the lowest bid is rejected, the Executive may award to the next lowest bidder who has met the aforementioned good faith requirement.