§ 2-1447. Duties of office of contract compliance.  


Latest version.
  • Under this subdivision, the office of contract compliance shall have the following authority and duties for the encouragement of non-discrimination in city contracting and the implementation of the equal business opportunity program under this subdivision:

    (1)

    Administration and enforcement of this subdivision.

    (2)

    Establishment of written procedures, informal guidelines, and forms as may be necessary to effectuate this subdivision.

    (3)

    Monitoring compliance with the requirements of this subdivision.

    (4)

    Certification of businesses as AABEs, APABEs, HABEs, and FBEs in accordance with the standards set forth in this subdivision.

    (5)

    Development of databases to be maintained as a public record of certified AABEs, APABEs, HABEs, and FBEs.

    (6)

    Ensuring compliance with requirements for mentor-protégé or joint venture arrangements under section 2-1449 and section 2-1450, as applicable.

    (7)

    Investigation of alleged violations of this subdivision, and the issuance of written statements following any determination of such investigation, stating the reasons therefore and any penalty to be imposed.

    (8)

    Determination of whether any of the penalties set forth in section 2-1452 should be applied to a business.

    (9)

    Attendance at pre-bid, pre-proposal, pre-construction and pre-work conferences.

    (10)

    Provision to business entities of all forms, applications, documents and papers necessary to comply with this subdivision.

    (11)

    Provision of information to potential bidders which shall include names and contact information of certified MFBEs for each eligible project, to reinforce and support outreach efforts by potential bidders.

    (12)

    Notification by certified mail that a bidder who has bid on and who otherwise would have been awarded a contract has the right to appeal a determination of non-responsiveness regarding the requirements of this subdivision, said appeal to be determined by a contract compliance hearing officer, as provided in section 2-1454, within seven calendar days of receipt of the notice of noncompliance.

    (13)

    Notification by certified mail that an applicant who has been denied certification as an AABE, APABE, HABE, or FBE, has the right to appeal such determination, said appeal to be determined by a contract compliance hearing officer, as provided in section 2-1454, within seven calendar days of receipt of the notice of such determination.

    (14)

    Notification to the chief procurement officer of any determination of non-responsiveness regarding the requirements of this subdivision, and of any appeal from any such determination.

    (15)

    Monitoring, for data gathering and informational purposes, utilization of MFBEs on eligible projects.

    (16)

    Maintenance of documents, forms, records or data regarding this program as provided in this subdivision, including: (a) documents, forms, records or data regarding the dollar amounts subcontracted to or expended for services performed by subcontractors and suppliers on eligible projects, including the race and gender ownership of each subcontractor and supplier; and (b) documents, forms, records or data regarding certified AABEs, APABEs, HABEs, and FBEs.

    (17)

    Development and implementation of outreach and assistance programs to promote equal contracting opportunities for all businesses that wish to do business with the city, in accordance with section 2-1455.

(Ord. No. 2009-78(09-O-1876), § 12, 12-15-09)