Sec. 18-107. Review of bid submission and SBE plan.
A. Bid submission.
1. The City Manager shall review each subcontractor goals packet submitted with the bid to determine if the bidder included in its submission a completed and signed SBE plan that meets the SBE goals for the contract. The City Manager shall approve or reject the plan.
2. The City Manager may declare the bid nonresponsive if the City Manager determines a bidder failed:
a. To provide a completed SBE plan;
b. To identify all SBEs by name, scope of work and value of work sufficient to meet the applicable SBE goals for that project;
c. To achieve the dollar value of creditable participation by certified SBEs necessary to meet the SBE project goals;
d. To act in good faith; or
e. To meet all requirements for a good faith waiver of the SBE goals all as determined by the City Manager.
3. The City Manager may declare the bid nonresponsive if the City Manager determines that a prime contractor/bidder furnished false, fraudulent, misleading or materially inaccurate, incomplete information in the plan, or as part of a bid submission, proposal, or statement of qualifications.
4. If, after consulting with the appropriate City departments, the City Manager determines that the SBE plan submitted by a prime contractor/bidder has been altered without prior written consent or is false or fraudulent, the City Manager shall be authorized to reject the bid or, if the determination is made after an award, the City Manager may declare the contract null and void or may cancel it.
B. Waivers.
1. If a prime contractor/bidder requests a waiver of project SBE goals, the City Manager shall determine whether the prime contractor/bidder has made a good faith effort to meet the project goals and whether a waiver of the goals should be granted in whole or in part.
2. In cases where a waiver is requested because SBEs are unavailable to deliver the specified labor and materials, the City Manager shall determine whether SBEs are not in fact available to provide the needed labor and materials at competitive prices. (Ord. No. G-5518, § 1, 2010; Ord. No. G-6742, § 1, 2020)