Los Angeles County Municipal Code Ch. 2.213 Business Utilization Goals

The Board of Supervisors finds that it benefits the County of Los Angeles to increase opportunities and participation in County contracting for all businesses. Further, it is the policy of the Board that the County aid and support, to the maximum extent possible, small local businesses and disabled veteran enterprises to ensure a more inclusive procurement environment.

(Ord. 2023-0011 § 1, 2023.)

The purpose of this ordinance is to increase participation in County contracting to attain the procurement utilization goals set for local small business and disabled veteran enterprises.

(Ord. 2023-0011 § 1, 2023.)

The Department of Economic Opportunity (DEO) shall be responsible for the administration of this Chapter, which shall include, but is not limited to, interpreting the provisions of this Chapter and promulgating written instructions and implementation guidelines. Such instructions and guidelines may provide for the delegation of functions to other Departments.

(Ord. 2023-0011 § 1, 2023.)

The terms below have the following meanings:

A.

"Chapter" means a Chapter of this Title.

B.

"Code" means the Los Angeles County Code.

C.

"County" means the County of Los Angeles.

D.

"Department" means the largest organizational unit of County government, and also includes boards, commissions, and districts.

E.

"Disabled Veteran Business Enterprise" or "DVBE" means a business as defined in Chapter 2.211 of the Code.

F.

"Local Small Business Enterprise" or "LSBE" means a business as defined in Chapter 2.204 of the Code.

(Ord. 2023-0011 § 1, 2023.)

A.

The County shall attain an annual utilization goal of at least twenty-five percent (25%) for LSBEs.

B.

The County shall attain an annual utilization goal of at least three percent (3%) for DVBEs.

C.

Utilization rates are based on the total pool of eligible procurement dollars. The total pool of eligible procurement dollars is determined on a departmental basis by conducting an assessment to determine the awards that could feasibly be awarded to LSBEs or DVBEs and by excluding awards that cannot be awarded to LSBEs or DVBEs. Utilization goals will be established on an individual contract basis, based on program participant availability and capacity in each specific contracting area.

(Ord. 2023-0011 § 1, 2023.)

All County Departments are required to share data collected related to LSBE and DVBE utilization in their respective contracts with the DEO and report the data on a quarterly basis in a manner determined by the DEO. Each quarter, DEO shall make available County utilization data.

(Ord. 2023-0011 § 1, 2023.)

Nothing in this Chapter is intended to, nor does it, create a private right of action or create any claim or defense against the County or any Department based upon compliance or noncompliance with its provisions.

(Ord. 2023-0011 § 1, 2023.)

Should any provision of this Chapter, or its application or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination will not affect any other provision of this Chapter or the application of this Chapter to any other circumstance and, to that end, the provisions hereof are severable.

(Ord. 2023-0011 § 1, 2023.)