§ 28-48. Contracts of $50,000 or more.

(a) In general.

The following standards and procedures apply to every contract for which the estimated cost is $50,000 or more.

(b) Participation affidavit required.

(1) In addition to any other applicable requirements, the bid conditions and requests for proposals must require each bidder to include in its bid a certified business enterprise participation affidavit in which the bidder commits to utilize certified business enterprises in a percentage that equals or exceeds the applicable contract goals.

(2) Any bid that does not include the certified business participation affidavit is non-responsive.

(1) Prior to bid opening, bidders must submit to the City the certified business enterprise participation statement, including executed statements of intent, that specify:

(i) the name of each certified business enterprise to whom the bidder intends to award a subcontract;

(ii) whether that subcontractor is:

(A) a minority business enterprise; or

(B) a women's business enterprise.

(iii) the dollar value of each subcontract;

(iv) the scope of the work to be performed under that subcontract; and

(v) any other information the Office requires to determine whether the contract goals have been satisfied.

(d) Verifying certification.

Each bidder is responsible for verifying that all MBEs and WBEs to be used have been certified by the Office before bid opening.

(e) Maintaining levels during contract term.

During the term of the contract, any unjustified failure to comply with the levels of certified business enterprise participation identified in the bid is a material breach of contract.

(f) Report for final payment.

(1) Before final payment may be made under the contract, the contractor must submit a list of all subcontractors utilized on the contract, both MBE/WBE and non-MBE/WBE.

(2) The list must include, as to each subcontractor:

(i) its name;

(ii) the service or goods provided;

(iii) the total amount paid to it; and

(iv) its owner's race/ethnicity and sex.