Section 1696. Designation of small business set-asides at the Hostos Community College

The chairman has  authority  to  designate  as  small  business  set-asides  specified  commodities,  equipment  or services or
  contracts   for   construction,   reconstruction,   rehabilitation    or
  improvement  of  college  facilities for which purchase or work contract
  have been requested by  the  board  of  trustees  of  either  the  Bronx
  Community  College  or the Hostos Community College under the provisions
  of this title. The designation shall be made prior to the  advertisement
  for  bids as provided by law, and when the advertisement is published it
  shall indicate the purchases which have been designated  small  business
  set-asides.  To  effectuate the purposes of this title, the chairman may
  exercise this authority whenever there is a reasonable expectation  that
  bids  will  be  obtained from at least three small businesses capable of
  furnishing the desired property or service  at  a  fair  and  reasonable
  price.
    In  the  case  of  purchases  or  work  contracts  designated as small
  business set-asides, invitations to  bid  shall  be  confined  to  small
  businesses  and  bids  from  other  businesses  shall  be  rejected. The
  purchase, contract or expenditure of  funds  shall  be  awarded  to  the
  lowest  responsible  bidder  among  the  small  businesses  (considering
  conformity with specifications and terms) in accordance with  the  rules
  and regulations for purchasing published by the authority.
    It  is  hereby  declared  that a portion of small business set-asides,
  shall be set  aside  in  turn  as  exclusively  as  possible,  to  small
  businesses  owned  or controlled by minority enterpreneurs as previously
  defined, and that such aforementioned businesses, shall  constitute  not
  less  than  twenty-five  percent  of  the  successful bidders under this
  title. Other contracts and business that in the opinion of the  chairman
  can be judged to be substantially beneficial to socially or economically
  disadvantaged   individuals  may  also  be  excluded  from  the  general
  provisions and procedures applicable to the larger set-aside contracts.
    Minority business concerns eligible hereunder shall be  excluded  from
  stipulated  limitations  of  sales volume, number of employees and other
  factors defined in this title.
    Offers must be advertised in the locality where a contract  is  to  be
  effectuated.  In  locations  where  twenty-five  percent  or more of the
  population  is  non-English-speaking,  notices  shall  be  published  in
  appropriate  translated  form.  The  procurement officer shall cooperate
  with county-wide business development organizations  servicing  minority
  communities  in  the  formulation  and maintenance of lists of qualified
  contractors, and shall  notify  such  contractors  of  opportunities  to
  submit  bids  for set-aside contracts. Minority bidders will be notified
  of reasons why their bids were unsuccessful. That  each  minority  small
  business concern which bids is notified of reasons for failure to secure
  a  successful  bid,  and  that  where  responsibility  as defined by the
  procurement officer or officers, agent  or  agents  is  a  factor,  such
  responsibility  will  be  defined, and such reasons for determination of
  lack of responsibility will be  provided  the  minority  small  business
  bidders.
    Bonding requirements shall be negotiable for minority bidders.
    * NB There are 2 § 1696's