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The City of Cleveland’s Cleveland Small Business, Minority Business Enterprise, and
Female Business Enterprise Program: Overview and Feedback Interviews
CSBs, MBEs, and FBEs must be certified under the program provisions. Contractors seeking to
use certified CSBs, MBEs, and FBEs must ensure that all forms and related materials required
for certification are submitted to the Director in a timely fashion.
For each Bid invitation, request for proposals and other solicitation, the bidder must complete
and submit with its bid or proposal the representations, documentation, and schedules the
Director specifies for the bidder to identify its efforts to utilize CSBs, MBEs, and FBEs in a
percentage that equals or exceeds the applicable goal. The bidder must keep such records of its
efforts as the Director specifies are adequate to permit determination of a successful bidder's
compliance with this section.
If a bid invitation or request for proposals contains alternates, the percentage of CSB, MBE, and
FBE participation will be computed upon the total dollar amount of the contract as awarded,
including the cost of alternates the Contracting Department recommends for award.
If a Bidder is unable to achieve the goal for CSB, MBE, or FBE utilization for a particular
contract, the bidder may request an exception to the goal. 330 The request for exception must
include documentation specified by the Director that demonstrates the bidder's good-faith effort
to use CSBs, MBEs, and FBEs to achieve the applicable goal.
To be considered lowest and best or lowest responsible, a bidder must disclose with its bid or
proposal such information as the Director requires to demonstrate the extent to which, in
contracts not within the purview of this Chapter, the bidder has awarded subcontracts to CSBs,
MBEs, and FBEs.
If the Administrator has made a finding of noncompliance by a bidder and the bidder disputes the
finding, the City may reject the bid until such dispute is resolved.
Prior to execution of a contract, a bidder must submit to the City such additional documents as
the Director may specify to identify the particular CSBs, MBEs, and FBEs and other
subcontractors it will use under the contract, and to specify the dollar and percentage value of
each subcontractor's participation, the type of work or services to be performed, and such other
information as the Director may reasonably require to determine whether the bidder meets the
applicable CSB, MBE, and FBE participation goals.
All contracts shall require the contractor to:
330 C.O. § 187.13.
• Use certified CSBs, MBEs, and FBEs in performing the contract according to the
participation identified in its bid or proposal, subject only to any approved
substitution and waiver.
• Make a good-faith effort to maintain and increase the use of CSBs, MBEs, and FBEs
during performance of the contract.
NERA Economic Consulting 297