HomeMy WebLinkAboutORD 7035 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM CITY CODE
ORDINANCE NO 7035
AN ORDINANCE TO REPEAL IN ITS ENTIRETY AUGUST A-
RICHMOND COUNTY'S DISADV ANT AGED BUSINESS ENTERPRISE
PROGRAM ORDINANCE BY REPEALING CODE SECTIONS 1-10-58
THROUGH 1-10-62, INCLUSIVE, AS WELL AS SUB-SECTION 1-10-6(F);
TO CREATE A NEW ORDINANCE SO AS TO PROVIDE FOR RACE
AND GENDER NEUTRAL PROGRAMS TO INVOLVE LOCAL SMALL
BUSINESS IN THE ECONOMIC ACTIVITY GENERATED BY
AUGUSTA-RICHMOND COUNTY GOVERNMENT; TO PROVIDE FOR
THE ADMINISTRATION OF A LOCAL SMALL BUSINESS
OPPORTUNITIES PROGRAM; TO AMEND CODE SECTION 1-10-8
REGARDING COMPLIANCE WITH STATE AND FEDERAL
REQUIREMENTS; TO RENUMBER CERTAIN CODE SECTIONS IN
CHAPTER 10 OF THE CODE OF ORDINANCES FOR
ADMINISTRATIVE CONVENIENCE; TO REPEAL LAWS AND
ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER
PURPOSES.
SECTION ONE.
That Augusta-Richmond County's Disadvantaged Business Enterprise Program, Code of
Ordinances Sections 1-10-58 through 1-10-62, inclusive, as well as Sub-Section 1-10-6(f) are
repealed in its entirety.
SECTION TWO.
That the Augusta-Richmond County Commission does hereby ordain and establish a Local Small
Business Opportunities Program effective March 3, 2008, which shall read as follows:
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AUGUST A, GEORGIA
AUGUSTA-RICHMOND COUNTY LOCAL SMALL BUSINESS
OPPORTUNITIES PROGRAM
Table of Contents
LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM -- GENERAL PRINCIPLES .... 1
~ 1-10-58. . SHORT TITLE...... ..... .... ............. ............ .............. .... ...... ....... ... ...... .......... ................... 1
~ 1-10-59 . OBJECTIVE................................................................................................................. 1
~ 1-10-60 . POLICY ....................................................................................................................... 1
~ 1-10-61. DEFINITIONS. .............. ................. .................. ... ............. ..... ......... .......... ................... 2
~ 1-10-62. APPLICATION; EFFECTIVE DA TE......................................................................... 4
~ 1-10-63. PROGRAM ADMINISTRATION .............................................................................. 5
A. SERVICES TO BE PROVIDED BY THE LOCAL SMALL BUSINESS
OPPORTUNITIES PROGRAM (LSBOP) ........ ...... ... ........... ..... .... .................. ..... 5
B. PROGRAM............................................................................................................5
C. PROCUREMENT DEPARTMENT RESPONSIBILITIES.................................. 6
D. EVALUATION OF THE LOCAL SMALL BUSINESS OPPORTUNITY
PROGRAM............................................................................................................6
~ 1-10-64. REGISTRATION AND CERTIFICATION PROCEDURES..................................... 7
A. REGISTRATION CRITERIA; ACCEPTANCE OF CERTIFICATION
BY OTHER GOVERNMENTAL AGENCIES..................................................... 7
B. RENEWAL OF REGISTRATION ........................................................................ 8
C. LIMITATIONS..... .... ..... ........................ ....... ............. ............ .... ....... ............. ........ 9
D . GRADUATION .......... ........... ... ....... ........ ....... ......... ............. ... ......... ..... ........ ........ 9
~ 1-10-65. LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM PARTICIPATION.. 9
A. SEALED BIDS, SEALED PROPOSALS, PROFESSIONAL SERVICES
AND OTHER MAJOR PURCHASING ............................................................... 9
B. DEPARTMENTAL PURCHASE REQUIREMENTS (SMALL
PURCHASES, QUOTATIONS, OR INFORMAL BIDS).................................. 11
C. PROCUREMENT DEPARTMENT BUYER'S RESPONSIBILITIES.............. 11
D. MAINTENANCE OF RECORDS....................................................................... 12
E. COMPLIANCE... ........ ......... ....................... ...... ... ........ ...... ............... ........ ....... .... 13
F. COMPETITIVE BIDS ......................................................................................... 13
G. OUTREACH.... ............. ......... ............ ...... ......... ........... ..... .... ..... .......... ..... ........... 13
~ 1-10-66. EXCEPTIONS - FEDERALLY FUNDED PROJECTS........................................... 14
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~ 1-10-67. CITIZENS ADVISORY COUNCIL.......................................................................... 14
~ 1-10-8. COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS ...................... 14
~ 1-10-96. AUTHORITY TO SUSPEND OR DEBAR FROM QUALIFIED BIDDER
/PROPOSER LIST .... ....... ....... ........................ ................ ........ ......................................... 15
~ 1-10-97. CAUSES FOR SUSPENSION AND DEBARMENT ............................................... 15
~ 1-10-98. DECISION TO SUSPEND OR DEBAR: .................................................................. 16
~ 1-10-99. NOTICE OF DECISION ........................................................................................... 16
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AUGUST A, GEORGIA
AUGUSTA-RICHMOND COUNTY LOCAL SMALL BUSINESS
OPPORTUNITIES PROGRAM
GENERAL PRINCIPLES
~ 1-10-58.
SHORT TITLE
J:his Ordinance and the codification hereof may be referred to as the "Augusta-Richmond
County Local Small Business Opportunities Program Ordinance" ("LSBOP").
~ 1-10-59.
OBJECTIVE
Augusta-Richmond County is firmly committed to the principles of equal opportunity and in
keeping with these principles, hereby sets forth a program and establishes a mechanism for
developing, approving, and implementing procedures by which local small business enterprises
shall be identified, informed and educated regarding opportunities for supplying goods, general
services, and construction services required by Augusta-Richmond County, and providing for
objectives for bidders to incorporate the use of Local Small Businesses as commercially useful
sub-contractors, thereby promoting balanced economic and community growth throughout
Augusta-Richmond County. The LSBOP is a race and gender-neutral program.
~ 1-10-60.
POLICY
It is the policy of Augusta-Richmond County_ that all necessary and reasonable steps shall be
taken to ensure that local small business enterprises have the maximum opportunity to compete
for and participate in all contracts and subcontracts funded by or through Augusta-Richmond
County government. Further, the Augusta-Richmond County Commission has determined as a
means to ensure full economic participation by small local business that a mechanism for
developing, approving and implementing a LSBOP is required.
Augusta-Richmond County has established the LSBOP to promote opportunities for certified
Local Small Business to participate in Augusta-Richmond County's contracting and procurement
activities by requiring contractors to utilize certified Local Small Businesses to perform
commercially useful functions to the maximum extent possible and as economically feasible, as
partners or subcontractors for service delivery or as suppliers of various goods required in the
performance of a contract. This LSBOP is in addition to and shall not supplant the Local
Preference Ordinance, Code ~ 1-1 0-6.
Augusta's Local Small Business Opportunities Program shall comply with federal and state
requirements applicable to small or disadvantaged business, including but not limited to those
requirements set forth by regulation by the Federal Aviation Administration, U.S. Department of
Defense, U.S. Department of Housing & Urban Development, and the Georgia Department of
Transportation. It is expressly recognized that such federal and state regulations preempt
Augusta's regulations regarding this subject.
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~ 1-10-61.
DEFINITIONS
(a) Generally. Those definitions set forth in Chapter 10 of the Code of Ordinances shall also
apply to this Article, except as provided in this section.
(b) Specifically.
(1) Bidder - any person or entity that submits a bid to provide labor, goods or services to
Augusta-Richmond County by contract in response to a bid or other solicitation by
Augusta-Richmond County.
(2) Certified Local Small Business - any business entity certified by the DBE Coordinator,
providing goods or services, which has its principal office and place of doing business in
Augusta-Richmond County; with gross annual receipts being less than $500,000; and
whose owners meet the personal net worth threshold, all as defined herein. The term
Local Small Business shall also include a manufacturer with seventy-five (75) employees
or less or wholesaler with fifty (50) employees or less without regard to gross revenues.
(3) Citizen's Small Business Advisory Board (CSBAB) - Is a council to advise the
Commission and DBE Coordinator of matters pertaining to this section, and to meet with
small businesses to review and advise as to the issues in program administration. See
Consolidation Act, Ga. Laws 1995, p. 3648, ~ 1-40. Members are appointed by the
Mayor, Commission and the Richmond County Legislative Delegation to the Georgia
General Assembly. A list of the appointees is maintained in the Clerk of Commission's
Office and is incorporated herein by reference.
(4) Competitive Bidding - process used by Augusta-Richmond County to request and
receive sealed bids for labor, goods and services wherein the winning Bidder selected
present the lowest qualified bid using any of the methods authorized by Article 6 of this
chapter.
(5) Commercially Useful Function - For the purpose of determining whether a registered
Local Small Business is performing a commercially useful function, DBE Coordinator
shall consider all of the facts in the record, viewed as a whole, including without
limitation the following:
A. A Local Small Business performs a commercially useful function when it is
responsible for execution of the work of the contract and is carrying out its
responsibilities by actually performing, managing, and supervising the work
involved.
B. To perform a commercially useful function, the Local Small Business must be
responsible, with respect to material and supplies used on the contract or sub-
contract for which it is engaged, for negotiating price, determining quality and
quantity, ordering the material, and installing (where applicable) and paying for
the material itself.
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C. A Local Small Business does not perform a commercially useful function if its
role is limited to that of an extra participant in a transaction, contract, or project
through which funds are passed in order to obtain the appearance of Local Small
Business participation. In determining whether a Local Small Business is such
an extra participant, the DBE Coordinator will examine similar transactions,
particularly those in which Local Small Businesses do not participate.
(6) Contract - total legal obligation that results from the parties' agreement as affected by
this Code of Ordinances and any other applicable rules of law. (O.C.G.A. ~11-1-201)
(7) Good Faith Efforts - Techniques used by a bidder/proposer to seek Local Small
Businesses to participate as a subcontractor or supplier required to fulfill the bid/proposal
request for participation. Such good faith efforts of a bidder/proposer include, but are not
necessarily limited to, the following actions:
A. Including qualified Local Small Businesses (LSB' s) in the prime contractor's
solicitations for subcontractors and suppliers.
B. Assuring that LSB' s are solicited whenever such business enterprises can
perform a commercially useful function.
C. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation of LSB' s.
D. Establishing delivery schedules, where the requirements of the prime contract
permit, which encourage participation of LSB' s.
E. Using the services and the assistance of the DBE Coordinator in the identification
of qualified LSB's and negotiating subcontracts and supply contracts with such
enterprises.
F. Requiring each first tier subcontractor to take the affirmative steps outlined in
sub paragraphs 1 through 5 above with respect to the identification and usage of
second or third tier sub-contractors.
G. Placing notices of opportunities for qualified LSB's to perform subcontracting
work on the eligible project in newspapers, trade journals, and other relevant
publications, including publications specifically targeted to local small
businesses, or communicating such notices of opportunities via the Internet or by
other available media or means.
H. Designating portions of the work for LSB subcontracting in trades with available
LSB subcontractors.
1. Providing a minimum of five (5) days notice to LSB's when requesting bids or
proposals for furnishing material or services as a subcontractor or supplier.
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8. Gross Receipts - total income or, in the case of sole proprietorship gross income, plus
"cost of goods sold" as these terms are defined or reported on Internal Revenue Service
(IRS) Federal tax return forms; Form 1120 for corporations; Form 1120S for Subchapter
S corporations; Form 1065 for partnerships; and Form 1040, Schedule F for farm or
Schedule C for sole proprietorships.
9. Joint Venture - an association of two or more businesses to carry out a single business
enterprise for profit for which purpose they combine their property, capital, efforts, skills,
and knowledge.
10. Local Small Business or "LSB" - a corporation, sole proprietorship, partnership or
other business organization that meets the requirements for registration as such with
Augusta-Richmond County in accordance with Section 1-10-64 of this code.
11. Monthly Utilization Report or MUR - a memorialization by a prime contractor of all
subcontracting and Local Small Business participation utilized. on a contract.
Contractors/vendors are required to submit the Monthly Utilization Reports on all
subcontracting participation to the DBE Coordinator.
12. Non-Discrimination Statement - Written affirmation made by a bidder relating to the
bidder's conduct prior to submission of a bid as well as after award of a contract that the
bidder agrees to:
A. Follow the policies of Augusta-Richmond County relating to the participation of
LSB's.
B. Undertake certain measures to ensure the maximum practicable participation by
LSB's; and
C. Not engage in discriminatory conduct against LSB's inconsistent with the policy.
13. Personal Net Worth - net value of the assets of an individual owner, after total
liabilities are deducted must not exceed seven hundred and fifty thousand dollars
($750,000). An individual's Personal Net Worth does not include the individual's
ownership interest and the individual's equity in his or her primary place of residence.
An individual's Personal Net Worth includes his or her share of assets held jointly with
the individual's spouse. Property held by the entireties is deemed to be owned equally by
the spouse.
14. Prime Contractor - a person or firm who is awarded a contract from Augusta-
Richmond County for provision of goods or services and has the primary responsibility
for performance of the contract. The Prime Contractor may subcontract portions of the
work required to Subcontractors, as indicated in the bid or solicitation documents.
15. Proponent - any person or entity that submits a proposal to provide labor, goods, or
services to Augusta-Richmond County by contract in response to a Request for Proposal,
Request for Qualifications or Request for Competitive, Sealed Proposal.
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16. Schedule of LSB Participation - Written data sheet which is a required submittal for a
bid or proposal that lists proposed LSB subcontractors and the estimated value of
proposed sub-contracts.
~ 1-10-62.
APPLICATION; EFFECTIVE DATE.
This ordinance shall apply to all bids, proposals, contracts, expenditures and purchases
commenced by Augusta-Richmond County on and after March 3, 2008, as further described
below, except sole source or emergency procurement.
~ 1-10-63.
A. SERVICES TO BE PROVIDED BY THE LOCAL SMALL BUSINESS
OPPORTUNITIES PROGRAM (LSBOP)
PROGRAM ADMINISTRATION
The DBE Coordinator shall have the primary responsibility to assure that the LSBOP is
effectively and equitably carried out in Augusta-Richmond County. The DBE Coordinator shall
direct the LSBOP so as to work in partnership with the Procurement Program set forth in Chapter
10 of ARC Code. Other Augusta-Richmond County officials and management personnel shall
give their full cooperation towards the implementation of the program.
B. PROGRAM
The Local Small Business Opportunities Program administration consists of performing vendor
certification, education and outreach, and review of bid and proposal documents. Specifically,
the program shall consist of:
(1) Developing and administering LSB registration criteria and procedures.
(2) Establishing and maintaining a directory available to the public of registered
LSBs capable of supplying the type and quality of equipment, supplies, general
services, construction, and professional services required by Augusta-Richmond
County.
(3) Regularly seeking out and registering new LSB's to bid on Augusta-Richmond
County purchases and solicitations.
(4) Notifying vendors of their registration status and advising non-registered parties
of their right to appeal which shall be filed with the County Administrator within
seven (7) days of receipt of such notice.
(5) Developing annual forecasts and periodically updating same based on a review of
anticipated purchases and certified LSB' s.
(6) Monitoring and reporting on legislative and judicial actions relevant to local,
small business interests.
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(7) Reviewing specifications and bid documents with the Procurement Department to
ensure maximum opportunities for registered LSBs to compete on an equal basis
for contracting opportunities and to perform commercially useful functions.
(8) Convening and/or participating in information sessions with LSB's regarding bid
requirements and contract performance.
(9) Providing technical assistance, conducting seminars, vIsItmg vendors, and
performing other outreach services to encourage and increase participation in
Augusta-Richmond County's bidding process by LSB's.
(10) Exploring and developing other means of expanding the program, and attracting
and increasing LSB participation including joint efforts with other governmental
agencies and authorities.
(11) Refer LSB's to third party development assistance providers when appropriate for
bonding, financial and technical assistance.
(12) Attend pre-bid, pre-qualification or pre-proposal conferences to provide
information on the LSBOP.
(13) Preparing and presenting an annual LSBOP report to the Augusta-Richmond
County Commission.
(14) Assist prime contractors and other potential bidders in identifying and contacting
LSBS.
(15) Develop outreach programs specifically targeted to educate LSBs about the LINK
DEPOSIT PROGRAM.
C. PROCUREMENT DEPARTMENT RESPONSIBILITIES
(1) Notify all registered vendors of formal bid opportunities through direct
solicitation or public advertisement, including information on the LSBOP.
(2) Work with project managers or user agencies to divide larger projects into smaller
projects or contracts when commercially appropriate, in order to create more
opportunities for LSB's to participate in contracts let by Augusta-Richmond
County.
(3) Provide data and technical assistance to support the outreach efforts of the
LSBOP as necessary and appropriate.
(4) Develop and utilize specifications that are open and competitive.
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(5) The Procurement Director, in consultation the DBE Coordinator, the Using
Agency and the Finance Director, may make special provision for progress
payments as deemed reasonable to assist LSB' s to carry out the terms of a
contract.
(6) When a LSB is awarded a contract with Augusta-Richmond County, the
Procurement Director may furnish written confirmation of the same, providing the
terms of the contract which may be used by the LSB in negotiating lines of credit
with lending institutions.
D. EVALUATION OF THE LOCAL SMALL BUSINESS OPPORTUNITY
PROGRAM BY AUGUSTA-RICHMOND COUNTY COMMISSION.
The Local Small Business Opportunities Assistance Program shall be evaluated on an annual
basis. Each annual report shall be compiled by the DBE Coordinator and shall compare the
fiscal year ending with the previous fiscal year. Evaluation of the program may include:
1)
2)
3)
4)
Number of LSB firms certified or registered.
Training and technical assistance offered to LSBs
Dissemination ofLSBOP information at pre-bid conferences.
Evaluation of the effectiveness of the LSB in relation to the achievement of
Augusta-Richmond County's goals set forth under this policy, including the
utilization ofLSB's on contracts.
~ 1-10-64.
REGISTRATION AND CERTIFICATION PROCEDURES
A. REGISTRATION CRITERIA; ACCEPTANCE OF CERTIFICATION BY
OTHER GOVERNMENTAL AGENCIES.
The Augusta-Richmond County's Local Small Business Opportunities Program requires prior
registration or evidence of current certification of a Local Small Business in order to count the
participation of that Local Small Business toward program goals. Eligibility requirements for
registration are:
(1) Certification as to small business status may be accepted from other local
governmental, state or federal agencies that apply criteria substantially similar to
that imposed by this ordinance.
(2) Applicant firm must complete an appropriate application form obtained from the
DBE Coordinator and must qualify as a local small business, as the term is
defined in this Article as to principle place of business, gross annual receipts and
personal net worth thresholds.
(3) Representations as to a business entity's gross annual revenues, payroll, and
personal net worth of individual applicants, shall be subject to audit by the DBE
Coordinator. A location utilized solely as a post office box, mailbox, mail drop,
virtual office, telephone message center, or any combination thereof, with no
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substantial work function, shall not be deemed to be a significant local presence
sufficient to qualify as a local small business.
(4) Applicant firm must possess a valid Augusta-Richmond County business license
for six (6) months prior to submitting their LSBOP registration application;
(5) The firm's three-year average annual gross receipts, as defined herein, must not
exceed $500,000 in annual gross receipts;
(6) Applicant firm owner must be a citizen or lawfully admitted permanent resident
of the United States;
(7) Applicant firm must be a business, including a sole proprietorship, partnership,
corporations, limited liability company, or any other business or professional
entity:
(a) which is at least fifty-one (51) percent owned by one (1) or more of the
applicant individuals identified, and the ownership must have been in
existence for one (1) year or more, and the applicant individual must have
maintained such fifty-one (51) percent ownership for at least one (1) year;
and
(b) in the case of a publicly-owned business, at least fifty-one (51) percent of
all classes of stock which is owned by one (1) or more of such persons,
each of whom meets the net worth criteria as defined herein.
(8) No individual owner of an applicant firm, or if a sole proprietorship or partnership
the individuals themselves, may have a personal net worth that exceeds $750,000,
as that term is defined in this Article.
(9) No LSB shall be registered solely on the basis of the race or gender of its
ownership regime.
B. RENEWAL OF REGISTRATION
LSB registration is valid for a two-year period beginning on the date Augusta-Richmond County
registers the business. To re-apply, a local small business must submit a new application and
evidence of continuing eligibility.
It is the responsibility of the LSB to notify DBE Coordinator of any change in its circumstances
affecting its continued eligibility for the program. Failure to do so may result in the firm's de-
registration and preclusion from future participation in the LSBOP;
(a) A Local Small Business that no longer meets registration criteria shall not
be re-registered by the DBE Coordinator;
(b) Firms that have been denied registration or re-registration may protest the
denial as follows:
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1. Within seven (7) days of receipt of denial of registration or re-
registration, the firm may protest such action in writing to the DBE
Coordinator;
11. A hearing shall be held by the County Administrator at which time
the firm may present additional facts and evidence in support of its
eligibility. The County Administrator shall control all aspects of
the hearing, including scheduling, conduct, witnesses, and
evidence, and may request the attendance of witnesses and
production of particular documents;
111. The County Administrator shall send written notice of the decision
to the firm within 30 days of the hearing.
IV. A firm found to be ineligible cannot apply for registration or re-
registration for a period of one year after the effective date of the
final decision.
C. LIMITATIONS
Notwithstanding any other provision of this program except on a finding of good cause by
Augusta-Richmond County, a registered LSB is no longer eligible to participate in the LSBOP
after being enrolled for ten (10) consecutive years regardless of whether the firm received
contracts or prime contracts under the program. If a firm has been released from the program
before graduation as a result of exceeding the LSBOP thresholds, it will still be eligible to
receive contracts from ARC, but such participation will not be counted toward the LSBOP goal
of identifying and employing local small businesses to the greatest extent possible.
In determining whether a good cause exists for a firm to continue participation beyond ten (10)
consecutive years, ARC may review all relevant factors such as amount of business previously
received by the firm, and capability of other small firms to provide goods and services, impact on
a potential contract opportunity for other local businesses to compete. In no event shall a firm's
participation in the program extend beyond fifteen (15) years.
Participation or registration as a LSB in the LSBOP shall not preclude a registered firm from
competing for a prime contract with Augusta-Richmond County on the same basis as other prime
contractors or suppliers.
D. GRADUATION
Augusta Richmond County shall graduate an LSB business from eligibility as an LSB. The LSB
business will be graduated from LSB if anyone of the following occurs:
(1) The LSB's gross revenues in each of the previous consecutive three (3) years
exceeds an average of $500,000.00;
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(2) The net worth of any owner of an LSB exceeds an average of $750,000.00 for
each of the previous consecutive three (3) years, exclusive of principal residence
and the value of the LSB; or
(3) The LSB business has participated in the LSB for ten years and ARC has not
approved an extension of participation based on good cause.
~ 1-10-65. LOCAL
PARTICIPATION
SMALL
BUSINESS
OPPORTUNITIES'
PROGRAM
A. SEALED BIDS, SEALED PROPOSALS, PROFESSIONAL SERVICES AND
OTHER MAJOR PURCHASING
The following procedures and contract requirements will be used to insure that LSB' s are
encouraged to participate in Augusta-Richmond County contracts, including but not limited to
construction contracts, requests for professional services and the performance of public works
contracts:
(1) Bid conditions, requests for proposals, and all other specifications for contracts
awarded by Augusta-Richmond County will require that, where subcontracting is
utilized in performing the contract, the bidder or proponent, will make Good Faith
Efforts to subcontract with or purchase supplies from LSB' s. Bid specifications
will require the bidder or proponent to keep records of such efforts that are
adequate to permit a determination of compliance with this requirement.
(2) With the bid, each bidder will be required to state if it intends to subcontract any
part of the work. Prior to award of contract where the apparent low bidder
indicated plans to subcontract, the bidder shall be required to provide
documentation of Good Faith Efforts to engage LSB's as subcontractors or
suppliers, the names of LSB' s and other subcontractors to whom it intends to
award subcontracts, the dollar value of the subcontracts, and the scope of the
work to be performed.
(3) For all such contracts, the Procurement Department will provide the DBE
Coordinator with a copy of the invitation to bid or bid specifications, including
the scope of work. The DBE Coordinator will identify the existence of certified
LSB's which are qualified to submit bids as prime contractors.
(4) The DBE Coordinator shall identify subcontracting opportunities and shall make
available trade-specific lists of certified LSB' s to potential prime contractors.
Prime contractors are encouraged to form Joint Ventures with LSBs to perform
major contracts, particularly in the areas of construction and professional services.
(5) Within thirty (30) days of the adoption of this Ordinance, the Procurement
Department will include a copy of this ordinance in each bid or proposal.
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(6) All bid documents shall require bidders or proponents to submit with their bid in a
separate sealed envelope the following:
(a) Non-Discrimination Statement which shall affirm the bidder's:
(i) adherence to the policies of Augusta-Richmond County relating to
equal opportunity in contracting; (ii) agreement to undertake certain
measures as provided in this policy to ensure maximum practicable
participation of local small businesses; and (iii) agreement not to engage
in discriminatory conduct of any type against LSB' s.
(b) Proposed Schedule of local small business participation.
(c) Documentation of Good Faith Efforts to use LSB's.
Failure to submit the above documentation shall result in the bid or proposal
being declared non-responsive.
(7) All Augusta-Richmond County contracts shall require that during the term of the
contract, the contractor will:
(a) Fulfill the LSB participation commitments that were submitted m
connection with the bids or proposal;
(b) Continue to make Good Faith Efforts to utilize LSB's for the performance
of the contract;
(c) Maintain records necessary for monitoring Good Faith Efforts.
(8) Before advertising and soliciting bids, the DBE Coordinator and using department
will assess if large contracts can be segmented into multiple contracts. Methods
to be considered include:
1. The term of a contract may be shortened that results in a dual
effect; the reduction of quantity required, and the risk inherent in
guaranteeing prices over a longer period of time.
11. Work to be performed may be grouped according to geographic
location within Augusta-Richmond County.
B. DEPARTMENTAL PURCHASE REQUIREMENTS (SMALL PURCHASES,
QUOTATIONS, OR INFORMAL BIDS).
Subject to the dollar limits set forth under Augusta-Richmond County ordinance, departments
are authorized to make small purchases using Agency Purchase Orders. Departments shall be
directed by the County Administrator to utilize LSB' s on small purchases whenever possible and
appropriate.
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(1) The DBE Coordinator shall make available to every Augusta-Richmond County
department a directory of registered LSB' s and encourage their use of by
departments.
(2) The DBE Coordinator shall provide annual training to all Augusta-Richmond
County Departments on the Local Small Business Opportunities Program.
(3) The DBE Coordinator shall track LSB purchases by department and provide
feedback to department heads and the DBE Coordinator on use ofLSB's for small
purchases.
(4) The Procurement Director shall ensure that all Augusta-Richmond County
specifications for goods and services do not contain any unnecessary impediment
to LSB participation in the bid process. The DBE Coordinator will make
recommendations to the Procurement Director when a specification appears to
impede LSB' s from competitively participating in a bid.
(5) For small purchases, quotations or informal bids, the Using Department will
solicit bids from registered LSB' s to supply the required materials, equipment,
supplies or services using the LSB Registry created and maintained by the DBE
Coordinator
(6) The DBE Coordinator will notify the Procurement Director whenever there are no
registered LSB's available for utilization on a project-by-project basis. The DBE
Coordinator will attempt to identify qualified LSB' s, and if successful, will notify
the Procurement Director of their registration and availability. The Procurement
Director will include such LSB's in bid/quote solicitation lists.
C. PROCUREMENT DEPARTMENT BUYER'S RESPONSIBILITIES
(1) For all purchases on which written bids are sought, registered LSB's which are
ready, willing and able to perform the required services or provide the required
commodity will be solicited for a written quotation or bid.
(2) Purchases from LSB's shall be tracked by the buyer.
D. MAINTENANCE OF RECORDS
(1) The DBE Coordinator, with the assistance of the Department of Information
Technology, shall compile data on LSB participation. In formation on prime
contract awards and subcontractor utilization will be maintained by the DBE
Coordinator who will gather information from all user Departments on a quarterly
basis.
(2) LSB utilization statistics shall be maintained in the following manner:
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(a)
Contracts and purchases shall be grouped into
construction, professional services, general
materials/equipment/supplies.
four categories:
services and
(b) Statistics shall measure overall awards to LSB' s by category of purchase
(i.e. construction, professional services, general services, and
materials/equipment/supplies).
(3) The following statistics shall be reported not less than annually to the Augusta-
Richmond County Commission by the DBE Coordinator.
(a) Regarding purchases of professional services, general services and
material/equipment/supplies made through the competitive bid and
quotation process:
Total value of purchases
Total value of purchases from LSB's
(b) Regarding small purchases by operating department usmg Agency
Purchase Orders:
Total value of small purchases by Augusta-Richmond County Department
Total value of small purchases from LSB' s by Department
(c) Regarding construction purchases:
Total value of construction contract awards
Total value of construction contracts awarded to LSB's as prIme
contractors.
Total value of subcontracts awarded to LSB's
E. COMPLIANCE
(1) It will be the duty of the Procurement Director to ensure that bids or proposals
issued from the Procurement Department adhere to the provisions set forth in this
Policy.
(2) The Procurement Director, and all department directors will assume responsibility
for evaluating compliance with this program in their respective contract areas and
will review, on a continuing basis, all aspects of the program's operations to
assure that the purpose is being attained and reporting same to the DBE
Coordinator for tracking and annual report purposes.
(3) Each Augusta-Richmond County contract will contain a proVISIOn requlflng
compliance with this policy including maintenance of records, good faith efforts,
and maintenance of information necessary to document compliance, and include
the right of the DBE Coordinator or Procurement Director, or their respective
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designees to inspect such records. The record will be a part of the official files
located in the Procurement Office.
(4) The DBE Coordinator shall be responsible for evaluating good faith efforts
documentation and subcontractor information submitted by bidders in
conformance with this policy, Augusta-Richmond County Code and any State and
Federal Laws applicable to any bid specifications for competitive sealed bid or
competitive sealed proposal projects prior to award ofthe contract.
(5) Each Augusta-Richmond County contract will contain a provision prohibiting any
agreements between a contractor and an LSB in which the LSB promises not to
provide subcontracting quotations to other bidders or potential bidders.
F. COMPETITIVE BIDS
Nothing in this Policy is to be construed to require Augusta-Richmond County to award a bid
contract to other than the lowest responsible bidder, or to require contractors to award to
subcontractors, or to make significant material purchases from LSB' s who do not submit the best
overall pricing to Augusta-Richmond County.
G. OUTREACH
To maximize the identification, certification and utilization of LSB's, the following efforts will
be undertaken by the DBE Coordinator:
A.
Increase efforts to locate and register additional vendors, service providers, and
construction contractors that can provide goods and services for Augusta-
Richmond County through media, vendor fairs, and electronic message boards.
B.
As GDOT, DOD and FAA certified construction contractors are located, invite
local firms to register with Augusta-Richmond County in accordance with the
requirements of this Article in order to create an enhanced resource to using
departments, buyers and prime contractors to locate registered LSB' s for projects
that can utilize LSB' s for a commercially useful function.
C.
Supply information to the Board of Commissioners regarding the ordinance and
offer opportunities for ways in which the Board of Commission can be an
advocate of the LSBOP.
~ 1-10-66.
EXCEPTIONS - FEDERALLY FUNDED PROJECTS
In accordance with ~ 1-1 0-8, this chapter shall not apply to any bid or procurement to which
federal or state laws, regulations or guidelines regarding the use of disadvantaged businesses or
other requirements apply.
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~ 1-10-67.
LOCAL SMALL BUSINESS OPPORTUNITIES PROGRAM, CITIZEN'S SMALL
BUSINESS ADVISORY BOARD (CSBAB) shall be constituted to advise the Commission and
DBE Coordinator on matters related to this ordinance, and to meet with local small businesses, to
review and provide input as to the issues in program administration. See Consolidation Act, Ga.
Laws 1995, p. 3648, ~ 1-40. Members are appointed by the Mayor, Commission and the
Richmond County Legislative Delegation. A list of the appointees is maintained in the Clerk of
Commission's Office and is incorporated herein by reference.
CITIZEN'S SMALL BUSINESS ADVISORY BOARD
SECTION THREE
That Chapter 10, Article One, Section 1-10-8 be amended by deleting the existing language
in its entirety and inserting the following in lieu thereof:
~ 1-10-8.
COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS
When a procurement transaction involves the expenditure of State or Federal funds or financial
assistance, the transaction shall be conducted in accordance with any applicable mandatory State
or Federal laws and authorized regulations which are not reflected in this chapter.
Notwithstanding the foregoing, where State and Federal assistance or contract funds are used in
procurement transaction, any applicable local requirements that are more restrictive than State or
Federal requirements but not in conflict therewith shall be followed.
SECTION FOUR
That Code Sections 1-10-63 through 1-10-66 shall be renumbered and redesignated as
Code Sections 1-10-96 through 1-10-99, inclusive:
~ 1-10-96. AUTHORITY TO SUSPEND OR DEBAR FROM QUALIFIED BIDDER
/PROPOSER LIST
After reasonable notice to the person involved and reasonable opportunity for that person to be
heard, the Augusta-Richmond County Commission is authorized to suspend or debar a person for
cause from consideration for award of contracts. The suspension may be for a period of not
more than three months. The debarment shall be for a period of not more than three years. The
Augusta-Richmond County Administrator is authorized to suspend a person from consideration
for award of contracts if there is any activity which might lead to debarment. The
Administrator's suspension shall be for a period not to exceed 30 days.
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A TLANT A:4939846.6
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~ 1-10-97.
CAUSES FOR SUSPENSION AND DEBARMENT
The causes for suspension or debarment may include, but are not limited to:
conviction for the commission of a criminal offense as an incident to
obtaining or attempting to obtain any public or private contract or
subcontract, or in the performance of such contract or subcontract;
Conviction und~r state or federal statutes of embezzlement, theft, forgery,
,
bribery, indicating a lack of business integrity or business honesty;
I
Conviction under state or federal antitrust statutes arising out of the
submission of ahy bids or proposals;
I
Violation of prior Augusta-Richmond County contract provisions, as set
forth below, of a character which is regarded by Augusta-Richmond
County to be so' serious as to justify suspension or debarment action, such
I
as a deliberate failure without good cause to perform in accordance with
the specificatio~s or within the time limit provided in any prior Augusta-
Richmond Comity contract; or a recent record of failure to perform or of
unsatisfactory performance in accordance with the terms of one or more
Augusta-Richm~md County contracts, provided that failure to perform or
unsatisfactory performance caused by acts beyond the control of the
contractor shall 'not be considered to be basis for debarment;
Any other causl determined to be so serious and compelling that would
materially affett or has materially affected the responsibility of a
contractor in th~ performance of his duties under any contract, including
debarment by .bother governmental entity for any cause listed in this
chapter; and I
For violation of any ethical standards set forth in Article 2 (Ethics in
Public Contracting) ofthis chapter.
I
~ 1-10-98. DECISION TO SUSPEND OR DEBAR:
Any decision to suspend or debar a Iperson may be made by the Augusta-Richmond County
Administrator or to recommend suspension or debarment to the Commission shall be in writing
and shall state the reasons for the abtion or recommended action and inform the suspended
I
person of their rights to an administrative appeal to the Commission. Any decision by the
Commission to suspend or debar any person from the procurement process shall be on the record
and in writing and shall state the reasons for the action taken.
I
~ 1-10-99. NOTICE OF DECISION
A copy of the written decision requirld by ~ 1-10-98 (Decision to Suspend or Debar) shall be
mailed by certified mail, return receipt requested, to the suspended or debarred person.
(a)
(b)
(c)
(d)
(e)
(f)
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A TLANT A:4939846.6
10/21/07
SECTION FIVE.
Upon the passage of an authorizing resolution and an adequate appropriation, Augusta shall
conduct a Disparity Study to inquire into race and gender disparities which mayor may not
affect the further amendment to this ordinance.
SECTION SIX.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
The foregoing ordinancejis hereby adopted by the Augusta-Richmond County
Commission this / a; day of doJ , 2008.
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. l)~~,. GEORG _--:;.--
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~!$!r
Mayor
First Reading: Feb 5, 2008
Second Reading: Fp.b 19, 2008
Publish in the Augusta Chronicle Feb 28, 2008
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