§ 2-1362. Small business enterprise program goals and counting procedures.

(a)

The director of the office of contract compliance will set an SBE subcontracting goal of up to 35 percent for each specific prime contract with subcontracting and/or supplier possibilities subject to the small business enterprise program, but shall have the authority to reduce or eliminate such SBE goal on a contract-by contract basis based upon the type of contract, the type of subcontracting work that will be required, and the availability of SBE's therefore. This goal is based on the statistical data cited in section 2-1358. Every bidder on an eligible project shall be required to submit, with its Bid submission, the names, address, certification numbers, if applicable, of certified SBEs or firms that have applied for SBE certification at the time of the bid submission, and any other information required by the office of contract compliance as set forth in the project's solicitation documents.

(b)

Sheltered market. The director of the office of contract compliance in consultation with the chief procurement officer will designate certain procurements as sheltered market procurement opportunities.

(1)

Contracts between $20,000.00 and $100,000.00. Under the sheltered market program, any contract or purchase order for supplies, services and construction (except those contracts pertaining to municipal street systems as described by O.C.G.A. § 32-4-1 et seq. and purchases under subsection 2-1190(b) of the procurement code) made in accordance with the small purchase procedures of subsection 2-1190(a) of the procurement code shall, where practicable, include at least one SBE among the three businesses solicited to submit quotations. The director of the office of contract compliance and chief procurement officer may agree to exclude any procurement in this category from the sheltered market at their joint discretion.

(2)

Contracts between $100,000.00 and $25,000,000.00. In addition, the director of the office of contract compliance and chief procurement officer may agree, with consultation and agreement with the commissioner of the user agency or his or her designee, to designate any contract between $100,000.00 and $25,000,000.00 for competition by and between SBEs only, except for those contracts pertaining to municipal street systems, as described in O.C.G.A. § 32-4-1 et seq., pertaining to public works construction as described in O.C.G.A. § 36-91-1 et seq. or other projects for which a sheltered market would conflict with state law. The sheltered market designation shall be made only when there is a reasonable expectation that bids will be obtained from at least three responsible SBEs and that the award will be made at a fair market price.

(3)

Partial sheltered market procurements. A sheltered market procurement of a single acquisition or a class of acquisitions may be total or partial. The director of the office of contract compliance and the chief procurement officer may designate a portion of an acquisition as a sheltered market procurement, except for construction.

(4)

To obtain a sheltered market procurement, an SBE must perform at least a given percentage of the contract. This provision limits the amount of subcontracting an SBE may enter into with other firms when performing these types of contracts. The provisions are as follow:

a.

Construction: For general and heavy construction contractors, at least 15 percent of the cost of the contract, not including the cost of materials, must be performed by the SBE prime contractor with its own employees. For special trade construction, such as plumbing, electrical, or tile work, this requirement is 25 percent.

b.

Manufacturing: At least 50 percent of the cost of manufacturing, not including the cost of materials, must be performed by the SBE prime contractor

c.

Services: At least 50 percent of the contract cost for personnel must be performed by the SBE prime contractor's own employees.

(Ord. No. 2009-78(09-O-1876), § 9, 12-15-09)