Los Angeles County Municipal Code Ch. 2.211 Disabled Veteran Business Enterprise Preference Program

The Board of Supervisors finds that it is of benefit to the County of Los Angeles to promote and facilitate the fullest possible participation by all citizens in the affairs of the County. It is also essential that opportunities be provided for full participation in our free enterprise system for disabled veterans. Further, it is the policy of the Board that the County should aid and assist, to the maximum extent possible, the interests of disabled veterans in order to preserve free competitive enterprise and to ensure that a fair proportion of County concession contracts and the total purchases and contracts or subcontracts for purchase of goods or services for the County be placed with disabled veteran business enterprises.

(Ord. 2018-0022 § 10, 2018: Ord. 2013-0042 § 1, 2013.)

The County of Los Angeles Disabled Veteran Business Enterprise Preference Program is a race and gender-neutral program designed to enhance purchasing and contracting opportunities for disabled veterans within the County of Los Angeles. The program priorities were developed to promote and foster inclusiveness and economic development, as well as ongoing

evaluation to assure all businesses, including disabled veteran business enterprises, are provided equal opportunities in County concession, purchasing, and contracting activities.

(Ord. 2018-0022 § 11, 2018: Ord. 2013-0042 § 1, 2013.)

For the purpose of this Chapter, the following words and phrases are defined and shall be construed as having the following meanings:

A.

"Concession contract" shall mean a contract wherein the County grants a special right or privilege to operate a business on County owned or operated property.

B.

"County" shall mean the County of Los Angeles, or any public entities for which the Board of Supervisors is the governing body;

C.

"Department" shall mean the County department, entity, or organization responsible for the solicitation;

D.

"Disabled Veteran Business Enterprise" or "DVBE" shall mean:

A business which is certified by the State of California as a DVBE;

A business which is verified as a service-disabled veteran-owned small business by the Veterans Administration; or

A business certified as DVBE with other certifying agencies pursuant to the Department of Consumer and Business Affair's ("DCBA") inclusion policy that meets the criteria set forth by the agencies in subsection C(1) or C(2), above.

E.

"Solicitation" shall mean the County's process to obtain bids or proposals for concession contracts and the purchase of goods and services.

(Ord. 2018-0022 § 12, 2018: Ord. 2016-0035 § 1, 2016: Ord. 2013-0042 § 1, 2013.)

DCBA with the assistance of County Counsel and the Internal Services Department ("ISD"), shall issue interpretations of the provisions of this Chapter, and shall issue written instructions on the implementation and ongoing administration of this Chapter. Such instructions may provide for the delegation of functions to other departments.

(Ord. 2016-0035 § 2, 2016: Ord. 2013-0042 § 1, 2013.)

DCBA shall be responsible for verifying that a DVBE is currently certified by the State of California, by the U.S. Department of Veteran Affairs, or as determined by DCBA's inclusion policy that meets the criteria set forth by the agencies in subsection

C(1) or C(2) of section 2.211.030 of this chapter. DCBA shall certify DVBE and maintain records of the certified businesses and their participation in County purchasing and contracting.

(Ord. 2016-0035 § 3, 2016: Ord. 2013-0042 § 1, 2013.)

A.

To facilitate the participation of DVBE in County concession contracts and purchases of goods and services, County departments shall provide for DVBE preference in their concession contracts and purchase of goods and services where responsibility and quality are equal.

B.

In solicitations where an award is to be made to the lowest responsible bidder meeting specifications, subject to subsections E and G through I, the preference to a DVBE shall be fifteen percent (15%) of the lowest responsible bidder meeting specifications, determined according to the instructions issued by DCBA.

C.

In solicitations where an award is to be made to the highest scored proposer based on evaluation factors in addition to cost/price, subject to subsections E and G through I, the preference to the DVBE shall be fifteen percent (15%) of the cost/price component of the evaluation method, determined according to the instructions issued by DCBA.

D.

In solicitations where an award is to be made to the highest scored proposer, based on evaluation factors in addition to revenue, subject to subsections F through I, the preference to the DVBE shall be fifteen percent (15%) of the revenue component of the evaluation method, determined according to the instructions issued by DCBA.

E.

The DVBE preference under subsections B and C of this section shall not exceed one-hundred and fifty thousand dollars ($150,000) for any one solicitation and award determination.

F.

The DVBE preference under subsection D of this section shall not exceed seven-hundred and fifty thousand dollars ($750,000) for any one solicitation and award determination.

G.

In order for a DVBE to be eligible to claim the preference, the business must request the preference in the solicitation response.

H.

When an applicable statute limits the preference to the DVBE at an amount less than fifteen percent (15%), the applicable statute shall determine the preference amount.

I.

In no case shall the Disabled Veteran Business Enterprise Preference Program price or scoring preference be combined with any other County preference program to exceed fifteen percent (15%) of the lowest responsible bid meeting specifications or highest responsible proposal.

(Ord. 2018-0022 § 13, 2018: Ord. 2016-0035 § 4, 2016: Ord. 2013-0042 § 1, 2013.)

The DVBE preference shall not be given for the following County purchases:

A.

National contracts established for the purchase of equipment and supplies for and by the National Association of Counties, U.S. Communities Government Purchasing Alliance, or any similar or related group purchasing organization;

B.

A revolving fund (petty cash) purchase pursuant to the Los Angeles County Fiscal Manual, Section 4.6.0 or a successor provision;

C.

A purchase card purchase pursuant to the Los Angeles County Purchasing Policy Manual, Section P-2810 or a successor provision;

D.

A non-agreement purchase with a value of less than five thousand dollars ($5,000) pursuant to the Los Angeles County Purchasing Policy Manual, Section A-0300 or a successor provision;

E.

A contract, funded in whole or in part by the federal government, to the extent of any conflict between the requirements imposed by the federal government, including those relating to participation in a contract by a minority or women business enterprise, as a condition of the receipt of the federal funds; and

F.

A contract for which federal, State, or local laws limit or prohibit application of a DVBE preference.

(Ord. 2016-0035 § 5, 2016: Ord. 2013-0042 § 1, 2013.)

A.

The information furnished by each solicitation respondent requesting a DVBE preference shall be under penalty of perjury.

B.

No person or business shall knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a DVBE for the purpose of this Chapter.

C.

No person or business shall willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a County official or employee for the purpose of influencing the certification or denial of certification of any entity as a DVBE.

D.

A business which has obtained County certification as a DVBE by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect

or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded a contract to which it would not otherwise have been entitled, shall:

Pay to the County any difference between the contract amount and what the County's costs would have been if the contract had been properly awarded;

In addition to paying the amount described in subdivision 1 of subsection D, of this Section, be assessed a penalty in an amount of not more than ten percent (10%) of the amount of the contract involved; and

Be subject to the provisions of Chapter 2.202 of the County Code (Determinations of Contractor Non-responsibility and Contractor Debarment).

E.

The above penalties shall also apply to any business that has previously obtained proper certification, however, as result of a change in their status would no longer be eligible for certification, and fails to notify the State and DCBA of this information prior to responding to a solicitation or accepting a contract award.

(Ord. 2016-0035 § 6, 2016: Ord. 2013-0042 § 1, 2013.)

DCBA is authorized to investigate any valid complaint of eligibility received by the County concerning the Disable Veteran Business Enterprise Preference Program.

(Ord. 2016-0035 § 7, 2016: Ord. 2015-0001 § 9, 2015: Ord. 2013-0042 § 1, 2013.)

This Chapter shall apply to all solicitations issued sixty (60) days after the effective date of the Ordinance codified in this Chapter.

(Ord. 2016-0035 § 8, 2016: Ord. 2013-0042 § 1, 2013.)