New Chapter 14.5 Entitled Affirmative Action Procedures

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Business Enterprise. Such certification may be an additional factor to be considered by the contracting agency in determining the lowest responsible and responsive bidder or quoter pursuant to I.C. 36-1-9-1, et seq. , I .C. 36-1-9. 1-1, et seq. , I.C. 36-1-12-1, et seq, and other public bidding and quoting circumstances. (1) Requirements for certification. The requirements for certification are as follows: a. Ownership and control. In order to be certified the ownership and control of a business must be as follows: i. Minorities or women must own and control at least fifty-one percent ( 51%) of the business. The ownership must be continual and must be evidenced in documents of the business; ii. The minority or women owners must direct or have the power to direct the management and policies of the business and make day-to-day decisions on matters of management, policy and operations; iii. The minority or women owners must be responsible for a clearly defined portion of the City contract to be performed; and iv. Newly-formed businesses or businesses whose ownership or control has changed recently will be reviewed carefully to determine reasons for the timing of the formation or change in ownership or control; b. Independent business. The minority-owned or women-owned business must be an independent business. Relationships with other businesses will be reviewed carefully to determine if any interest conflicts with certification requirements; and c. Application for certification. Each business seeking to be certified must complete an Application for Certification as a Minority Business Enterprise/Women Business Enterprise as follows: i. The application for certification must be completed and submitted to the contracting agency prior to or along with its bid. The application must be signed by the authorized representative of the business and notarized; ii. Certification by the contracting agency must occur prior to the award of the City contract in order for the business to be considered certified for a particular bid. Denial of certification by the contracting agency will be final for that City contract or any other contracts being let by the City at the time of denial of certification. A business denied certification may correct all deficiencies and submit a new application for certification prior to or along with a later bid; and iii. All certified businesses must update their aoolication anneal 1v h'r rti furi nrr +-hc