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(a) Estimates of Requirements. All departments shall file estimates of required Commodities and services at such time and in such manner as shall be determined by the Purchaser.
(b) Procurement of Professional Services. Departments shall be responsible for defining the scope of a project for contracting purposes, establishing fair evaluation criteria and selection processes for Solicitations, and for the negotiation and award of contracts for Professional Services, with the assistance of the Purchaser and the City Attorney, provided, however, that:
(1) If a proposed contract for Professional Services includes the procurement of Commodities, then the department shall seek prior Purchasing approval of the Solicitation document; and
(2) The Director of Purchasing shall be the Contracting Officer for Professional Service contracts unless a Contracting Officer other than the Purchaser is authorized to enter into the contract directly.
(c) Cancellation of Purchase Contracts. The Contracting Officer shall be the only person authorized to terminate a contract for cause or convenience.
(d) Inspection of Purchases. Departments shall make adequate inspection of all purchases.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
(a) Electronic Notification. For purposes of this Chapter, if a requirement exists that a City official notify another City official of an event, or send a report to another City official, the official with that responsibility may use Electronic notification, rather than a physical document, to effect the notice.
(b) Electronic Filing. For purposes of this Charter, if a requirement exists that a City official keep a copy of a form or a document, the official may keep an Electronic record rather than a physical document, provided that the electronic record contains at least as much information as the physical form or document would have contained. Any departmental record retention policies applicable to physical records also apply to the corresponding Electronic records.
(c) Other Electronic Transactions. Where the Purchaser, in consultation with the Department of Telecommunications and Information Services and COIT, determines that the technology exists to provide assurance of authentication, message integrity, and nonrepudiation through secure and reliable Electronic transactions, the Purchaser may establish regulations for the use of Electronic transactions under this Chapter, including authorization, approval or execution of documents, placing orders with Contractors, receiving Offers, making determinations, or providing notice. Such regulations shall include appropriate security to prevent unauthorized access to the Solicitation, Offer, approval and award processes, and accurate retrieval and/or conversion of Electronic forms of such information into a medium that permits inspection and copying.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
(a) For purposes of this Section 21.07, “Department,” “Surveillance Technology,” and “Surveillance Technology Policy” have the meanings set forth in Section 19B.1 of the Administrative Code.
(b) Notwithstanding any authority set forth in this Chapter 21, neither the Purchaser nor any Contracting Officer may acquire any Surveillance Technology unless the Board of Supervisors has appropriated funds for such acquisition in accordance with the requirements of Chapter 19B of the Administrative Code.
Notices inviting Offers under the provisions of Sections 21.3 and 21.4 of this Chapter must be published in accordance with the Charter and Municipal Code of San Francisco. At least five calendar days must intervene between the date of last publication and the time for filing such sealed Offers. The published notice must contain a general description of the Commodity or Service, the due date for Offers, and a City contact phone number.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
(a) Invitation for Bids. Except as otherwise authorized in this Code, for any Commodity or General Services purchase estimated to cost in excess of the Minimum Competitive Amount, an invitation for Bids shall be issued to solicit Bids and shall include a purchase description and all contractual terms and conditions applicable to the procurement, including a reservation of the City's right to reject all Offers.
(b) Bid Opening. Bids shall be opened publicly by the Contracting Officer at the time and place designated in the Invitation for Bids in the presence of all Bidders who attend. Relevant information as the Purchaser may specify by regulation shall be recorded. Except for materials protected from disclosure pursuant to Administrative Code Section 67.24, the record and each Bid shall be open to public inspection following Bid opening.
(c) Bid Evaluation. Bids shall be evaluated based on the requirements and specifications set forth in the Invitation for Bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the Bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, conversion costs and total or life cycle costs.
(d) Correction, Withdrawal, or Rejection of Bids; Cancellation of Awards. Correction or withdrawal of inadvertently erroneous Bids before or after award, or cancellation of awards or contracts based on such Bid mistakes, shall be permitted in accordance with regulations promulgated by the Purchaser. After Bid opening, no changes in Bid prices or other provisions of Bids prejudicial to the interest of the City or fair competition shall be permitted. Except as otherwise provided by regulation, all decisions to permit the correction or withdrawal of Bids, or to cancel awards or Contracts based on Bid mistakes, shall be supported by a written determination made by the Purchaser. The Purchaser may reject all Bids at any time prior to award.
(e) Award. Except for a showing of good cause, a Contract shall be awarded not less than five (5)-working days after Bid opening by written notice to the lowest responsible and responsive Bidder whose Bid meets the requirements and criteria set forth in the Invitation for Bids. In the event that all Bids exceed available funds and the lowest responsible and responsive Bidder does not exceed such funds by more than ten percent (10%), the Purchaser is authorized in situations where time and economic considerations preclude resolicitation of work of a reduced scope to negotiate an adjustment of the Bid price, including changes in the Bid requirements, with the low responsive and responsible Bidder, in order to bring the Bid within the amount of available funds.
(f) Awards in the Public Interest. If the Purchaser finds that the public interest would be best served by accepting other than the lowest total or unit price the Purchaser is authorized to accept the Bid(s) that in the Purchaser's opinion will best serve the public interest, to make the awards and to enter into the necessary contracts. Prior to making an award to a Bidder other than the lowest Bidder(s), the Purchaser shall submit a written statement of the basis for the finding to the Director of Administrative Services.
(g) Additional Purchases. Where the quantity of Commodities or General Services to be provided under a contract is fixed, the Contracting Officer may, within one year after award and subject to the Contractor's consent, purchase additional quantities of the specific Commodities or General Services for which award was made at the award price or a lower price, in accordance with the Purchaser's regulations.
(h) Multi-step Bidding. A Contracting Officer may prequalify Bidders prior to issuing an Invitation for Bids based on prequalification criteria set forth in a Solicitation.
(i) Bid Protests. The procedure for resolving Bid protests shall be established by regulations adopted by the Purchaser.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99; Ord. 9-11, File No. 101007, App. 1/7/2011)
(a) Authorization; Evaluation Criteria. A Contracting Officer may issue a request for Proposals, or request for qualifications, for the selection of Professional Service Contractors following consideration of the evaluation factors set forth in the request for Proposals, which may include cost, except as prohibited by law. If a department determines that it would be in the best interests of the City to acquire combined Commodities and Services or General Services by means of a request for Proposals or qualifications, rather than an invitation for Bids, such request for Proposals or qualifications shall be issued by the Purchaser. A request for Proposals or qualifications for Professional Services may be issued directly by the department.
(b) Negotiation. The Contracting Officer is authorized to negotiate terms and conditions, including price, with the highest ranked Proposer. If the Contracting Officer cannot conclude a contract that, in the opinion of the Contracting Officer is in the City’s best interest, the Contracting Officer may terminate negotiations with the highest ranked Proposer. In the event that the Contracting Officer cannot conclude negotiations with the next highest ranked Proposer on terms acceptable to the City, then the Contracting Officer may negotiate with each successively ranked Proposer.
(c) Requests for Qualifications. The Purchaser may issue a request for qualifications ("RFQ") to determine the qualifications of prospective Contractors for particular types of Commodities and/or Services to the City. A department may issue a RFQ to determine the qualifications of prospective Contractors for Professional Services to be provided to that department.
(d) Prequalified Lists. The Purchaser may maintain City-wide lists of prequalified contractors for Commodities and Services as follows:
(1) Except as provided in subsection (2) below, prequalification may be for the following purposes:
(A) maintaining a list of prequalified entities from which Contracting Officers may issue a further Solicitation for future contracts as needed by the City, or
(B) the selection of the highest available ranked Contractor(s) based on ranking of responses to an RFQ.
(2) For Contracts less than or equal to the Minimum Competitive Amount, selection of a Contractor(s) for a particular contract may be made without the use of a further Solicitation provided that the department selecting from the prequalified list shall notify other prequalified list members for that contract and document the selection process. At a minimum, the written documentation shall address the following:
(A) The Commodities and/or Services required to meet the department’s needs;
(B) The proposed Contractor’s unique qualifications or experience to provide the Commodities and/or perform the Services, or why the nature of the Commodities and/or Services requires use of the Contractor; and
(C) The anticipated cost to the City and the department’s determination that such cost will be in the best financial interest of the City.
The department shall maintain the selection documentation for at least three years after termination or expiration of the contract. The Controller shall periodically audit the procurement of these prequalified list contracts as provided in Charter Section F1.106.
(3) Except as provided below, prequalification shall be valid for not more than two years following the date of initial prequalification. Prequalification may be valid for not more than four years so long as both the following two conditions are met:
(A) The City re-opens the list by reissuing the same RFQ within two years of the original RFQ; and,
(B) The City uses the same panel of evaluators to score the responses to the RFQ.
Entities included on the list of prequalified entities pursuant to the original RFQ shall not be required to re-qualify under the re-issued RFQ, but may choose to submit updated information regarding their qualifications when the RFQ is re-issued. A list of prequalified entities may only be extended once under this subsection (d)(3) and may not be used for more than four years from the issuance of the original RFQ.
(e) Content of Requests for Proposals. A request for Proposals shall specify evaluation criteria for selection, and shall reserve the right to reject or cancel the request for Proposals in whole or in part.
(f) Mass-transit Vehicles. Notwithstanding any other provision of the charter or laws of the City, the Public Transportation Department, through its department head and through the Purchaser is authorized to include among its purchasing specifications the use of negotiated procurement procedures for the purchase of mass-transit vehicles.
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