§2233.5. City of New Orleans; socially and economically disadvantaged businesses;
procurement set-asides
A.Notwithstanding any other provision of law to the contrary, the governing
authority of the city of New Orleans, referred to in this Section as the "city", and any board,
agency, or commission of the city, through its respective fiscal officer or director of finance,
may for each fiscal year designate and set aside, for awarding to socially and economically
disadvantaged businesses, an amount not less than ten percent of the value of anticipated
local procurement of goods and services, including construction or doing of any public work,
including alteration or repair. However, should the governing authority of the city or any
board, agency, or commission of the city choose to set asid
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§2233.5. City of New Orleans; socially and economically disadvantaged businesses;
procurement set-asides
A. Notwithstanding any other provision of law to the contrary, the governing
authority of the city of New Orleans, referred to in this Section as the "city", and any board,
agency, or commission of the city, through its respective fiscal officer or director of finance,
may for each fiscal year designate and set aside, for awarding to socially and economically
disadvantaged businesses, an amount not less than ten percent of the value of anticipated
local procurement of goods and services, including construction or doing of any public work,
including alteration or repair. However, should the governing authority of the city or any
board, agency, or commission of the city choose to set aside a greater amount, then nothing
in this Section shall be construed to prohibit the set-aside levels above ten percent, but not
to exceed twenty-five percent.
B. The procurement set-aside as provided by Subsection A of this Section may be
divided into contract award units of economically feasible production runs in order to
facilitate offers or bids from socially and economically disadvantaged businesses. In making
the annual designation of procurement set-asides, an attempt may be made to vary the
included procurements so that a variety of goods and services, including construction or
doing of any public work, including alteration or repair, produced by different socially and
economically disadvantaged businesses may be set aside each year. The failure to set aside
particular procurements shall not be considered to prohibit or discourage socially and
economically disadvantaged businesses from seeking the procurement award through the
normal solicitation and bidding processes.
C.(1)(a) The governing authority of the city shall adopt rules and regulations to
implement the provisions of this Section. The rules and regulations shall include procedures
regarding the certification of socially and economically disadvantaged businesses.
(b) No business shall be awarded a contract pursuant to the provisions of this Section
unless it has met the certification requirements established by the governing authority of the
city.
(2) The rules and regulations adopted by the governing authority shall also provide
for the establishment of a contract procedure for the awarding of contracts pursuant to this
Section. In addition, the rules and regulations shall require that schedules to publicize
requests for proposals, requests for qualifications, and bid solicitations shall adhere to current
federal guidelines. The governing authority shall adopt a requirement that the prime
contractor award a certain percentage, not to exceed thirty-five percent, of the total dollar bid
to socially and economically disadvantaged subcontractors. This requirement may be waived
if the prime contractor, after a good faith effort, is unable to comply with the requirement.
D. If the governing authority of the city or any board, agency, or commission of the
city is unable to award all of its procurement set-asides to socially and economically
disadvantaged businesses, then the balance of the procurement set-asides may be awarded
to other businesses in accordance with existing solicitation, bid evaluations, and contract
award provisions otherwise provided by law.
E. All laws and rules pertaining to solicitations, bid evaluations, contract awards, and
other procurement matters shall apply to procurements set aside for socially and
economically disadvantaged businesses as provided in this Section, including penalties for
noncompliance. If a conflict exists with the provisions of this Section, the provisions of this
Section shall govern.