§ 4.46.060. Benchmarks.

A.

Definition and Purpose. The Metropolitan Government has a compelling interest in providing equal business opportunities for all persons wishing to do business with it. Therefore, the Metropolitan Government will monitor and track MWBE availability and participation in the procurement process through Benchmarks. Benchmarks are not quotas but a method enabling the Metropolitan Government to compare the participation of MWBE's in the procurement process with expected participation rates based on the availability of MWBE's within the MSA.

B.

Procedure for Establishing Benchmarks. The BAO shall establish and recommend proposed Benchmarks to the Purchasing Agent and Finance Director biennially. The BAO shall evaluate the levels of MWBE participation for the Metropolitan Government's overall procurement program. As part of the review, the BAO may consider data regarding MWBE participation for the preceding three fiscal years for a more accurate portrayal of MWBE participation. The BAO shall review available MWBE totals and percentages for the MSA that shall be reported in ranges showing expected MWBE participation rates on Metropolitan Government projects for each Procurement Sector based on MWBE availability within the MSA. MWBE availability shall be determined in accordance with current legal, economic, statistical and social science standards. The Purchasing Agent may employ one or more qualified consultants each year to assist the BAO in determining MWBE availability. Benchmarks during the first year of the Program shall be based on data compiled in the Metropolitan Nashville Disparity Study, a copy of which shall be placed on file in the office of the Metropolitan Clerk.

C.

Comment Period. The Purchasing Agent shall publish proposed Benchmarks in a newspaper of general circulation at least once each week for four consecutive weeks and shall receive public comments submitted within ten days after the final such publication. The Purchasing Agent shall consider all public comments duly submitted, additional recommendations of the BAO, make any necessary changes to the Benchmarks, and submit the proposed Benchmarks to the Finance Director. The Finance Director shall make any revisions the Finance Director feels are necessary and shall then issue the final Benchmarks, a copy of which shall be filed with the Metropolitan Clerk.

D.

Review of Benchmarks. The Benchmarks shall be in effect for a period of two years. BAO shall review Benchmarks annually and shall report its findings to the Purchasing Agent and Finance Director. All total contract dollars awarded to MWBEs shall count towards Benchmark percentages.

(Ord. BL2012-315 §§ 1—3, 2013; Ord. BL2008-161 § 1, 2008)