Open Access Plan
Abstract of Open Access Plan
Posted below is an abstract of the New Orleans Ernest N. Morial Convention Center Open Access Plan. As you can see by a review of the document, there are several advantages available to Small Businesses as defined in the plan.
Open Access Requirements:
The New Orleans Ernest N. Morial Convention Center encourages the acquisition of goods and services from small businesses in our community. A Small Business as it is used in these documents means an individual or business entity that (1) is independently owned and operated, (2) is not dominant in its field of operation, (3) has no more than 15 employees and (4) its average annual receipts do not exceed $1 million, together with its affiliates.
Open Access Benefits
In order to qualify for the advantages provided for Small Business in this Plan, the vendor shall be required to certify by an affidavit under penalty of perjury that it meets the criteria for a Small Business as defined above. The Small Business shall also be required to certify that no person, corporation or other entity that does not meet the definition of a Small Business has any direct or beneficial ownership of the Small Business. The certification shall be subject to challenge by competing bidders and the Convention Center upon reasonable suspicion. In the event of a challenge, the Convention Center shall conduct an investigation and determine whether the vendor qualifies as a Small Business.
Preference is hereby given to materials, supplies and provisions, produced, manufactured or grown in Louisiana, quality being equal to articles offered by competitors outside of the state. The Convention Center offers a preference for Small Businesses that offer materials, supplies, or equipment that are manufactured, processed, produced or assembled in Louisiana, and which the Convention Center judges to be equal in quality to other materials, supplies, or equipment, provided that all of the following conditions are met:
* The cost of the Louisiana products does not exceed the cost of other materials, supplies, or equipment that are manufactured, processed, produced or assembled outside the state by more than five per cent.
* The vendor of Louisiana products agrees to sell the products at the same price as the lowest bid offered on such products.
* In cases where more than one bidder offers Louisiana products that are within five per cent of the lowest bid, the bidder offering the lowest bid on Louisiana products is entitled to accept the price of the lowest bid made on such products.
On contracts of fifty thousand dollars or less, a performance bond, as required by the Louisiana public bid law may be waived by the Convention Center for a Small Business that is a "responsible bidder". A responsible bidder is one that:
* Has an established business and has demonstrated the capability to provide goods and services in accordance with the terms and conditions of the contract, plan and specifications without excessive delays, extensions, cost overruns or changes for which the contractor or subcontractor was held to be responsible, and who does not have a documented record of past projects resulting in arbitration or litigation in which the Small Business was found to be at fault.
* Has a negotiable net worth or shall be underwritten by an entity with a negotiable net worth, which is equal to or exceeds in value the total cost amount of the public contract as provided in the bid submitted by the Small business. All property comprising the negotiable net worth shall be pledged and otherwise unencumbered throughout the duration of the contract period.
* Has been operating as the same business for a continuous period of at least three years.
* Provides an irrevocable letter of credit, property bond or other authorized form of security that is acceptable to the public entity and is in an amount of not less than the amount of the contract, for the faithful performance of his duties.
