(1) Individual Contract Exemptions. The MBEC, on its own initiative or at the request of the affected agency, may recommend that an individual contract or contract "package" (i.e., related contracts being bid or awarded simultaneously for the same project or improvement) be made wholly or partially exempt from Disadvantage Business Enterprise City contracting goals prior to the advertisement for bids or solicitation of proposals, whenever there has been a determination, reduced to writing and based on the best information available at the time of the determination, that there are an insufficient number of Disadvantage Business Enterprises within the Philadelphia Standard Metropolitan Statistical Area to ensure adequate competition and an expectation of reasonable prices on bids or proposals solicited for the individual contract or contract "package" in question.

(2) Class Exemptions.

(a) Creation of exempt classes of contracts. The MBEC, on its own initiative or at the request of the affected agency, may recommend that an entire class of contracts established pursuant to Section 17-503 be made exempt from Disadvantage Business Enterprise City contracting goals, whenever there has been a determination reduced to writing and based on the best information available at the time of the determination, that there is an insufficient number of qualified Disadvantage Business Enterprises in the Philadelphia Standard Metropolitan Statistical Area to ensure adequate competition and an expectation of reasonable prices on bids or proposals within that class.

(b) Limitation on class exemption. Any such class exemption shall not be created for a period of more than one year at a time.

(3) Waivers. Where a particular contract requires a contractor to meet a goal established pursuant to this Chapter, the contractor shall have the right to request a waiver from such requirements. The MBEC shall recommend that the waiver be granted where the contractor demonstrates that there has been made a good faith effort to comply with the goals for Disadvantage Business Enterprise participation.

(4) Conflict With Other Laws. In the event that any City contract, which would otherwise be subject to the provisions of this Chapter, is or becomes subject to federal or state laws which conflict with this Chapter or actions of the City taken pursuant hereto, the provisions of federal or state law shall apply and the contract shall be interpreted and enforced accordingly.