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Title: 14 - Buildings and Constructions

Chapter: 30 - Small Business Preference For Public Works Projects

Section: 80 - Requirements for all contractors submitting formal bids on public works projects

A.   All contractors who submit a bid to the County for a public works project pursuant
To formal bidding procedures must make a good faith effort to include qualified
Microbusinesses (MB) as subcontractors in sufficient numbers so that no less than
Fifty percent (50%) of the contract award amount is allocated to MB subcontractors.
 
B.   Microbusiness means a business certified as such buy the County. The Community
development Director or his or her designated contract administrator shall be
responsible for certifying a business as a microbusiness (MB) and shall maintain
records of all certified  businesses and their participation on County public works
projects.
 
C.   A microbusiness is a subset of the small business definition. To quality for
certification as an MB, a business must present satisfactory documentation and a
declaration under penalty of perjury to the County establishing the following as true:
 
  1. Had 10 or fewer employees immediately preceding the date of the bid
advertisement by the County; and
  1. Have average annual gross receipts of one million dollars ($1,000,000) or less
         over the previous three tax years.
 
D.   A "good faith effort" means the contractor will take the following or similar actions
To recruit and employ MB subcontractors on County public works projects:
 
  1. Contact local recruitments sources to identify qualified microbusinesses;
 
2.   Advertise for qualified microbusinesses in trade papers and newspapers of
      general circulations in the County, unless time limits imposed by the County
      do not permit such advertising;
 
  1. Develop a written plan to recruit microbusinesses as subcontractors.
 
E.   Every bidder for a public works projects must complete and sign under penalty of
perjury a Certification of Good Faith Efforts to Recruit Microbusinesses as
Subcontractors on the form provided in the County ' s bid package, and submit said
Certification with the sealed bid no later than the date and time of the bid opening.
Bidders shall attach to the Certificate documentary evidence supporting bidder ' s
promise to make a good faith effort to meet the MB inclusion goal.
 
F.   The annual gross receipts used to determine whether an entity is a small business or
microbusiness provided herein shall be adjusted annually to reflect the increase, if
any, in the cost of living during the previous year by adding to the basic amount
Obtained by multiplying the annual gross receipts amount by the percentage by which
the level of the Consumer Price Index (CPI-U, All Urban consumers, All Items) for
the San Francisco-Oakland-Fremont Metropolitan Area, as reported for the last day of
that annual review period by the Bureau of Labor Statistics of the United States
departments of Labor, had increased over its level as of the date that the contract is
entered into.
(Ord. 2010-004 § 1 (part), 2010.)