§ 4.46.030. Office of minority and women business assistance.

A.

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

B.

Duties. The BAO shall be primarily responsible for the administration and enforcement of the Program. It shall encourage equal business opportunities to achieve the policies and objectives of the 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.

(4)

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

(5)

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 Benchmarks of the 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.

(6)

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

(7)

In consultation with the Purchasing Agent, recommending reasonable MWBE Benchmark ranges and, should Goals become necessary pursuant to Section 4.46.110 of this Code, recommending reasonable Goals to the Director of Finance and the Director of Law.

(8)

Developing and supplying to each Bidder as part of each Bid solicitation forms for (a) the Covenant of Non-Discrimination, Statement of Successful Subcontractors, (b) Statement of Written Notification to MWBEs, (c) Statement of Interested Subcontractors/Vendors, (d) Statement of Bid Proposals/Price Quotations and (e) Letter of Intent to Perform as a Subcontractor/Joint Venturer. The BAO shall revise these forms as necessary consistent with the purpose and requirements of this chapter.

(9)

Investigating written complaints as provided below.

(10)

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

(11)

Preparing reports as requested by the Purchasing Agent or the Finance Director as well as semiannual and annual reports as required by subsection C and D, below, and Section 4.46.110(E).

(12)

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 shall include information regarding business ownership, supplier information, and subcontractor information, all of which shall reflect the race, ethnic origin, gender, business location of the identified businesses, and type of work to be performed indicated by the United Nations Standard Products and Services Codes. Individuals or entities that enter into contracts with the Metropolitan Government shall submit to the BAO subcontractor information reflecting all MWBEs and non-MWBEs providing services on the contract, including total amounts paid to each subcontractor. Failure to provide this information may subject participants to penalties for noncompliance as specified in Section 4.46.100. The BAO shall continuously monitor the participation of MWBEs in the procurement of construction, non-professional services and professional services for Metropolitan Government. Such monitoring shall include, without limitation, a statistical analysis of each construction trade, non-professional services, and professional services 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 Mayor upon request but not less frequently than semiannually.

D.

Duty to Report. The Business Assistance Office shall submit an annual report to the Metropolitan Council regarding the effectiveness of the 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 reports 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 MSA for each MWBE category and Purchasing Sector.

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 be initiated based solely on a finding of a significant statistical disparity from the Benchmark in the Participant's utilization of MWBEs.

Further,

such investigations may be initiated when the BAO receives information that provides a reasonable basis to believe that an individual contractor seeking to contract or contracting with Metropolitan Government may be engaging in discriminatory conduct with relation to the Bid process. The details of that investigation, including findings, shall be recorded and maintained by the BAO.

G.

Evaluation of Compliance: Pursuant to Section 4.46.090, prior to issuing a notice of award the BAO shall review a Bid when the Purchasing Agent has reached an intent to award.

(Amdt. 1 to Ord. BL2018-1063 § 1, 2018; Ord. BL2018-1063 § 1, 2018; Ord. BL2008-161 § 1, 2008)