Sec. 126.616. - Contract pre-award compliance procedures.

(a) For all solicitations, the bidder/proposer shall submit a Schedule of Participation detailing all JSEB, and non-JSEB subcontractors from which the bidder/proposer solicited bids or quotations. The entities comprising the JSEB goal of at least 20 percent, or the goals as set forth supra, shall be identified, or the basis for a waiver for good faith efforts shall be provided with the bid or proposal. The lists of JSEBs posted on the City's website establishes the group from which a bidder/proposer must solicit subcontractors under this program. The Schedule of Participation shall be due at the time set out in the solicitation documents. (b) Any agreement between a bidder/proposer that prevents a JSEB from providing quotations to other bidders/proposers is prohibited. (c) Joint ventures shall only be allowed under this Program in cases that demonstrate legitimate, detailed JSEB partnerships with non-JSEBs, proof of which shall be provided to the JSEB Administrator. (d) Where the bidder/proposer cannot achieve the Project Specific Goal(s), the JSEB Administrator, will determine whether Good Faith Efforts have been made. In making this determination, the JSEB Administrator will consider, at a minimum, a matrix to determine the bidder/proposer's efforts to: (1) Solicit certified subcontractors in the scopes of work of the contract. The bidder/proposer shall provide interested JSEBs with timely, adequate information about the plans, specifications, and other such requirements of the contract to facilitate their quotation. The bidder/proposer must follow up initial solicitations with interested JSEBs. (2) Identify a portion of the work available to JSEBs consistent with the availability of qualified JSEBs. (3) Negotiate in good faith with interested JSEBs. Price sharing is prohibited in negotiations. Evidence of such negotiation includes the names, addresses, and telephone numbers of JSEBs that were contacted; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and why agreements could not be reached with them. The ability or desire of a bidder/proposer to perform the work of a contract with its own organization does not relieve it of the responsibility to make Good Faith Efforts on all scopes of work subject to subcontracting. (4) Facilitate the leasing of equipment supplies or equipment when they are of such a specialized nature that the JSEB could not readily and economically obtain them in the marketplace, where feasible. (5) Provide JSEBs with the scope of work for the project, which entails the specific work to be performed by the JSEB contractor, and a pricing proposal from the JSEB based on the specific scope of work provided. The bidder/proposer shall provide evidence in the bid documents of meeting this requirements. (Ord. 2021-117-E , § 5; Ord. 2025-148-E , § 4)