97-060 - King County - Solid Waste Reduction and Recycling Grant

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4.18.060 REVENU•D FINANCIAL REGULATION of the total contract used for the calculation of the set -aside shall be increased or decreased to reflect executed change orders unless: (1) a waiver is obtained in accordance with K.C.C. 4.18.070A. after consultation among the contract awarding authority, the director and the contractor; or (2) the department obtains a reduction in the amount of the set aside according to the procedure in K.C.C. 4.18.060B. B. Departments may request a reduction in the amount of the set aside for either or both minority business enterprises or women's business enterprises or in the percentage factor to be applied under the percentage preference method, by submitting the reasons therefor in writing to the director. 1. The director, with the advice of the administrator, may grant such a reduction upon determination that: a. The reasonable and necessary requirements of the contract render subcontracting or other participation of businesses other than the bidder or proposer infeasible at the adopted goal levels; or b. Qualified minority and women's business enterprises capable of providing the goods or services required by the contract, are unavailable in the market area of the project, despite every feasible attempt to locate appropriate minority and women's business enterprises to meet adopted goals. c. The available minority and /or women's businesses have given price quotes which are unreasonably high in that they exceed competitive levels beyond amounts which can be attributed to cover costs inflated by the present effects of discrimination. 2. Any reductions in set aside amount granted by the director shall specify the amount to which the set aside has been reduced. C. Where this Section 4.18.060 specifies that a set aside or a percentage factor shall be used for a particular type of contract, the method specified is the preferred method for achieving the utilization goals. A department may use the other method in its solicitation documents for a specific contract if it determines that a method other than the one established by this Section 4.18.060 will be a more feasible method of achieving the annual utilization goal. In the event that a department chooses to use a method other than the one specified in this Section 4.18.060, it shall include in its annual report to the executive as required by Section 4.18.080 D. of this chapter, documents demonstrating that a method other than the one established by this Section 4.18.060 is a more feasible method of achieving the annual utilization goal. D. All solicitation documents shall include the applicable requirements of Sections 4.18.050 and 4.18.060. In addition, documents shall include a provision prohibiting any agreement between a responding party and a minority /women's business in which the minority /women's business promises not to provide subcontracting quotations to other responding or potential responding parties. Bids, proposals, and other responses which fail to meet the requirements of this Section 4.18.060 shall, within the limitations of federal and state law, be deemed non responsive unless a waiver has been granted pursuant to Section 4.18.070 of this chapter. E. The percentage factor and set aside requirements of this Section 4.18.060 shall not apply to contracts awarded for the remainder of any calendar year in which the contract awarding authority is determined by the director, with the advice of the administrator, to have met the applicable county utilization goals as established by this chapter. The percentage factor and set aside provisions of this Section 4.18.060 shall again apply in each succeeding calendar year until the annual utilization goals for that year have been met by the contract awarding authority. (King County 12 -94) 145 -10