§ 2-1369. Procedures to ensure that SBEs have an equitable opportunity to compete for contracts and subcontracts.

(a)

Procedures to ensure opportunities. The City of Atlanta may utilize the following measures to ensure maximum practicable opportunities for SBE participation on city contracts:

(1)

Assist SBE in obtaining insurance and surety bonds where necessary in the performance of contracts, including but not limited to:

a.

Packaging contracts so that dollar amounts do not require bonding;

b.

Encouraging prime contractors to waive bonding or assist SBE subcontractors in obtaining bonding;

c.

Encouraging staged bonding where feasible, when bonding is carried over from one project stage to the next; and

d.

Relaxing bonding requirements for projects less than $25,000.00;

(2)

Encourage the formation of joint ventures between SBEs pursuant to section 2-1369.1. The office of contract compliance will also assist prime contractors in identifying interested SBEs for subcontracts;

(3)

Provide information on the City of Atlanta's organization and contractual needs and offer instructions on bid specifications, procurement policy, procedures, and general bidding requirements;

(4)

Provide specifications and requests for proposals to the SBE community in a timely manner to allow SBEs adequate time to develop responsible and responsive bids. In instances where the cost of obtaining specifications or requests for proposal is prohibitive, copies of the material will be made available at no charge to SBE development agencies;

(5)

Establish prorated payment and delivery schedules where feasible, to minimize cash flow problems faced by small firms. The city will provide guidance to SBE contractors regarding maintenance of positive flow in order that current obligations can be met;

(6)

Hold pre-bid conferences to explain SBE requirements as well as forms that must be submitted with a bid;

(7)

Permit bidders to review and evaluate successful bid documents of similar procurements and use debriefing sessions to explain why certain bids were unsuccessful;

(8)

Provide projected procurement information and contracting schedules through the office of contract compliance and other outreach efforts;

(9)

Conduct internal information workshops to inform and acquaint the city staff with the goals and objectives of the City of Atlanta's Small Business Opportunity Program, and to sensitize them to the challenges faced by SBEs;

(10)

Maintain records showing specific efforts to identify and award contracts to SBEs and establish a monitoring system to ensure that all contractors, subcontractors, consultants, and vendors comply with contract specifications related to SBE utilization; and

(11)

Inform SBEs of bid notices and specifications related to their capability by placing bid notices in major local newspapers and other periodicals. Bid notices may also be sent to local trade associations, technical assistance agencies, economic development groups, and SBEs with capabilities that may be relevant to the bid notice as identified by the City of Atlanta's SBE data bank. Bid specifications may be made available to SBE contractor associations and technical assistance agencies. Lists of potential firms bidding as primes may also be made available to SBEs.

(b)

Direct assistance to SBEs. In addition to the procedures set forth in subsection 2-1369(a), the office of contract compliance may also undertake special measures to assist SBEs in overcoming barriers to participation on city contracts. This assistance will be offered directly by the city, as well as by city-referral to other assistance agencies with established, comprehensive, and continuous SBE development programs. Businesses providing management and technical assistance will be identified through a questionnaire, through personal experience with these businesses, and through requests for assistance. The office of contract compliance may offer the following direct assistance to SBEs:

(1)

Provide counseling and training sessions for SBEs. City staff will be available to interested business representatives to explain (in detail) instructions for preparation of bid specifications, the city's procurement policies, procedures and general bid requirements. The SBE program officer will coordinate and follow-up all requests for assistance to insure that all necessary information was provided.

(2)

Provide coordination and referral to existing business development organizations.

(3)

Sponsor intensive workshops and training sessions on identified SBE problem areas, i.e., pricing and estimating, joint venture formation, accounting principles, marketing, etc.

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