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

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MINORITY AND WOMEN'. BUSINESS ENTERPRISES 4.18.060 4.18.070 F. For the Kingdome food and beverage concession contract, the set aside method of achieving utilization goals shall apply. G. The requirements of this Section 4.18.060 shall cease to apply to contracts awarded by King County and its departments on December 31, 1997, unless reenacted by the King County council. (Ord. 10679 1, 1992: Ord. 10049 2, 1991: Ord. 9609 6, 1990: Ord. 8937 4, 1989: Ord. 8313 3, 1987: Ord. 7789 5, 1986: Ord. 7512 2, 1986: Ord. 5983 6, 1982). 4.18.070 Waivers. Contract awarding authorities, along with or on behalf of responding parties and contractors, may apply for waiver of one or more requirements of this chapter as they apply to a particular contract or contracts. A. Waivers may be granted by the director, with the advice of the administrator, in any of the following circumstances; 1. When the needed goods and services are readily available from only one source, in which case the contracting awarding authority shall, in addition to the requirements contained in Ordinance No. 4551, K.C.C. 4.16.030, submit a written justification of the need for sole source treatment to the director who shall grant or deny the request for waiver within three business days; 2. Emergencies, in which case emergency contracting shall be handled in accordance with the requirements of Ordinance No. 4551, K.C.C. 4.16.050. 3. Contracts for which neither a minority nor a women's business is available to provide needed goods or services, in which case a waiver may be applied for in accordance with procedures to be developed by the administrator. Prior to granting a waiver, the director shall certify that a minority /women's business is in fact not available to provide the needed goods and /or services. 4. Contracts awarded to non profit organizations, governments and governmental organizations including but not limited to municipal corporations, consortiums and associations of governmental agencies or officials and agencies created by interlocal agreement, per R.C.W. 39.34, or by operation of state or federal law; where because of a responding party's non- profit status, ownership of the corporation or other entity cannot be determined. However, solely with the exception of contracts between King County and cities and towns where King County is the grantee for federal or state funds passed through to such jurisdictions, the waiver shall not extend to those profit- making contractors which contract with the referenced responding parties. 5. When 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. As a condition of granting any waiver, the director may require that contractors or the contract- awarding authority make affirmative efforts to utilize minority and /or women's businesses in the contract. B. Where the executive determines that the reasonable and necessary requirements of a contract render subcontracting or other participation of businesses other than a responding party unfeasible, he /she may grant a waiver from the set aside provisions of this chapter; PROVIDED THAT, the waiver shall not be granted after the solicitation request has been publicly released by the contract awarding authority; PROVIDED FURTHER THAT, the solicitation specifications shall state that the waiver has been authorized and that solicitations received, proposing subcontracting or other participation of business other than the responding party, shall be rejected as non responsive; PROVIDED FURTHER THAT, following award of the contract, should subcontracting 145 -11 (King County 12 -94)