§2233.5. City of New Orleans; socially and economically disadvantaged businesses; procurement set-asides

            A. Notwithstanding any other provision of law to the contrary, the governing authority of the city of New Orleans, referred to in this Section as the "city", and any board, agency, or commission of the city, through its respective fiscal officer or director of finance, may for each fiscal year designate and set aside, for awarding to socially and economically disadvantaged businesses, an amount not less than ten percent of the value of anticipated local procurement of goods and services, including construction or doing of any public work, including alteration or repair. However, should the governing authority of the city or any board, agency, or commission of the city choose to set aside a greater amount, then nothing in this Section shall be construed to prohibit the set-aside levels above ten percent, but not to exceed twenty-five percent.

            B. The procurement set-aside as provided by Subsection A of this Section may be divided into contract award units of economically feasible production runs in order to facilitate offers or bids from socially and economically disadvantaged businesses. In making the annual designation of procurement set-asides, an attempt may be made to vary the included procurements so that a variety of goods and services, including construction or doing of any public work, including alteration or repair, produced by different socially and economically disadvantaged businesses may be set aside each year. The failure to set aside particular procurements shall not be considered to prohibit or discourage socially and economically disadvantaged businesses from seeking the procurement award through the normal solicitation and bidding processes.

            C.(1)(a) The governing authority of the city shall adopt rules and regulations to implement the provisions of this Section. The rules and regulations shall include procedures regarding the certification of socially and economically disadvantaged businesses.

            (b) No business shall be awarded a contract pursuant to the provisions of this Section unless it has met the certification requirements established by the governing authority of the city.

            (2) The rules and regulations adopted by the governing authority shall also provide for the establishment of a contract procedure for the awarding of contracts pursuant to this Section. In addition, the rules and regulations shall require that schedules to publicize requests for proposals, requests for qualifications, and bid solicitations shall adhere to current federal guidelines. The governing authority shall adopt a requirement that the prime contractor award a certain percentage, not to exceed thirty-five percent, of the total dollar bid to socially and economically disadvantaged subcontractors. This requirement may be waived if the prime contractor, after a good faith effort, is unable to comply with the requirement.

            D. If the governing authority of the city or any board, agency, or commission of the city is unable to award all of its procurement set-asides to socially and economically disadvantaged businesses, then the balance of the procurement set-asides may be awarded to other businesses in accordance with existing solicitation, bid evaluations, and contract award provisions otherwise provided by law.

            E. All laws and rules pertaining to solicitations, bid evaluations, contract awards, and other procurement matters shall apply to procurements set aside for socially and economically disadvantaged businesses as provided in this Section, including penalties for noncompliance. If a conflict exists with the provisions of this Section, the provisions of this Section shall govern.

            Acts 2023, No. 230, §1.