§ 4.46.030. Office of minority and women business assistance.

A.

In the department of finance, division of purchases, the minority and women business assistance section shall continue to be designated as the Office of Minority and Women Business Assistance ("Business Assistance Office" or "BAO").

B.

Duties. The BAO, in consultation and coordination with the Purchasing Agent and the Chief Diversity, Equity and Inclusion Officer ("Chief Diversity Officer"), shall be primarily responsible for the administration and enforcement of the EBO Program. It shall encourage equal business opportunities to achieve the policies and objectives of the EBO Program by:

1.

Preparing written rules, regulations and procedures consistent with this Program for submission to and approval by the Procurement Standards Board as provided in Section 4.08.020 of this code.

2.

Publishing and making public said rules, regulations and procedures at least thirty days prior to their effective date.

3.

Verifying certification of MWBEs, and evaluating the feasibility and propriety of accepting certifications from other governmental entities or industry groups, within or outside the Program Area ("reciprocal certification").

4.

Recruiting businesses to apply for certification as an MWBE through contact with other government agencies, community organizations or business associations, or by advertising or other suitable methods.

5.

Maintaining outreach and assistance programs to promote equal contracting opportunities for MWBEs that wish to do business with the Metropolitan Government.

6.

Distributing annual "forecasting" report(s). Following each fiscal year budget approval for the Metropolitan Government, the Purchasing Agent shall provide to the Finance Director, BAO head, and Chief Diversity Officer an overview of the anticipated expenditures of each governmental Department, and shall develop a preliminary project plan. This report shall be a public record.

7.

Maintaining a current database of certified and available MWBEs and making this database accessible to interested parties; that will include the types of services provided by the business enterprise and contact information for the business enterprise. A list from the database will be made available to Participants to assist them in their efforts to meet the Annual Aspirational Goals or contract/project goals of the EBO Program. The list prepared from the database will specify which firms the Metropolitan Government has determined to be certified in accordance with the Metropolitan Government definitions for MWBEs.

8.

Monitoring utilization of MWBE participation on projects for data gathering and informational purposes.

9.

Developing and supplying to each Bidder as part of each Bid solicitation standard forms appropriate for consideration and evaluation of the Bid.. The BAO shall revise these forms as necessary consistent with the purpose and requirements of this Chapter.

10.

Investigating written complaints as provided herein below.

11.

Notifying affected parties in writing of their right to review an adverse recommendation of the BAO.

12.

Preparing reports as requested by the Purchasing Agent or the Finance Director as well as semiannual and annual reports as required in this Chapter.

13.

Performing other tasks as may be required to fulfill the above-stated duties of the Business Assistance Office.

C.

Authorization to Monitor. The BAO shall be authorized to collect from all Participants such data and information as is necessary to monitor this Program. This information may include information regarding business ownership, supplier information, subcontractor information, all of which shall reflect the race, ethnic origin, gender, and business location of the identified businesses. The BAO shall continuously monitor the participation of MWBEs in the procurement of construction, non-professional services and professional services for the Metropolitan Government. Such monitoring shall include, without limitation, a statistical analysis of each construction trade, non-professional service and professional service to determine whether there is utilization of MWBEs in a manner that is proportionate to the identified availability range. The BAO will provide written reports to the Purchasing Agent, Finance Director, and Chief Diversity Officer upon request but not less frequently than quarterly.

D.

Duty to Report. The Business Assistance Office shall submit an annual report to the Metropolitan Council regarding the effectiveness of the EBO Program. Such report shall include, without limitation, a summary of the purchases, contracts and subcontracts placed with MWBEs for the period and the relative percentage to the total of purchases and contracts for that period. The report shall also emphasize quantity and quality of MWBE involvement by dollar volume. The report shall specify the race, national origin, gender, and UNSPSC with each category reported separately. Payments made to non-certified MWBEs shall be included as a separate set of figures for purposes of tabulating the total contract dollars going to MWBEs. The report shall include an analysis of the percentage for the reporting period of MWBE awards of the total awards for each MWBE category and Purchasing Sector and the percentage of availability of MWBEs in the Program Area for each MWBE category and Purchasing Sector.
The BAO shall also submit annual reports to the Purchasing Agent, Finance Director, and Chief Diversity Officer providing MWBE utilization figures or estimates for each construction trade, non-professional service, and professional service. The utilization data provided in these reports shall be used to compare program outcomes to the availability figures set forth in the applicable disparity study (and the aspirational goals set based on the study), and may be used to assist in the establishment of the contract-by-contract/project-by-project MBE and WBE goals discussed herein in Section 4.46.060(B).

E.

Contractors' Closeout Activity Reports: In accordance with the Rules and Regulations for the Program, prime contractors and prime consultants shall provide closeout activity reports to the BAO identifying activities of all subcontractors and sub-consultants in order to monitor MWBE participation.

F.

Authority to Investigate Discriminatory Practices: Should a Bidder or Participant submit a written complaint of discrimination; the BAO is authorized to investigate the complaint. An investigation may also be initiated based solely on a finding of a significant statistical disparity from the Annual Aspirational Goal or contract/project goal(s), as detailed in Section 4.46.060 herein. The details of any investigation, including findings, shall be recorded and maintained by the BAO.

G.

Evaluation of Compliance: Pursuant to Section 4.46.080, prior to issuing a notice of award, the BAO shall review a Bid when the Purchasing Agent has reached an intent to award. No notice of award of contract shall be issued by the Purchasing Agent unless and until the BAO has reviewed the corresponding Bid.

(Amdt. 1 to Ord. BL2018-1419 § 1, 2019; Ord. BL2018-1419 § 1, 2019)