5.33.075 Affirmative Action.

City Code Section

(Amended by Ordinances 184403, 187974 and 185898, effective March 4, 2020.)

  1. A.  Pursuant to ORS 279A.100, the City may limit competition for Contracts for Goods and Services, or on other Contracts with an estimated cost of $150,000 or less to carry out affirmative action policies, in accordance with policies and procedures established by the City.
    1. 1.  COBID firms Direct Contracting: The City may directly enter into Contracts with COBID firms which have been certified by the State of Oregon and are current in their certification at the time of Contract Award, without a competitive solicitation process.  Each City bureau may have only one active Contract awarded to a COBID firm for a specific service or professional discipline using this procurement authority.  The Chief Procurement Officer may make situational exceptions to the contract limitation.
  2. B.  Pursuant to ORS 279A.105, the City may require a Contractor or Consultant to Subcontract some part of a Contract to, or to obtain materials to be used in performing the Contract from:
    1. 1.  A business enterprise that is certified under ORS 200.055 as an emerging small business; or
    2. 2.  A business enterprise that is:
      1. a.  Certified under ORS 200.055 as an emerging small business; and
      2. b.  Is located in or draws its workforce from economically distressed areas, as designated by the Oregon Economic and Community Development Department (OECDD); or
      3. c.  Owned or controlled by a disabled veteran, as defined in ORS 408.225.
  3. C.  A Subcontractor certified under ORS 200.055 as an emerging small business is located in or draws its workforce from economically distressed areas if:
    1. 1.  Its principal place of business is located in an area designated as economically distressed by the OECDD pursuant to administrative rules adopted by the OECDD; or
    2. 2.  The Contractor certifies in Writing to the City that a substantial number of the Subcontractor’s employees or Subcontractors that will manufacture the goods or complete the services under the Contract reside in an area designated as economically distressed by the OECDD pursuant to administrative rules adopted by OECDD. For the purposes of making the foregoing determination, the City shall determine in each particular instance what proportion of a Contractor’s Subcontractor’s employees or Subcontractors constitute a substantial number.
    3. 3.  The City shall include in each Solicitation Document a requirement that Offerors certify in their Offers in a form prescribed by the City, that the Offeror has not and will not discriminate against a Subcontractor in the Awarding of a subcontract because the Subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055.
  4. D.  The City may sanction a Person from consideration of Award of the City’s Contracts under ORS 200.065 or ORS 200.075 in accordance with these rules.

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