(a) Minimum Requirements for Social Impact Commitments.
(1) The Contractor that receives a Covered Contract must fulfill the entirety of its Social Impact Commitment in the value originally proposed by the Contractor in its response to the Covered Contract solicitation by the Contractor in its response to the Covered Contract solicitation or as modified under Section 21F.5 below.
(2) The Contractor shall perform its Social Impact Commitment at no cost to the City. The Contractor may not charge the City, directly or indirectly, for any costs incurred in fulfilling or implementing its Social Impact Commitment.
(3) The Contractor’s funding or performance of its Social Impact Commitment may not be conditioned upon, tied to, or dependent on funds or sources of funding receivable from the SFPUC for the Covered Contract, including amounts held by the City in retention.
(4) The Contractor’s obligation to provide a Social Impact Commitment is separate from, and in addition to, any other regulatory or legal requirements under the Covered Contract, including but not limited to, the requirements of Chapters 14B, 82, and 83 of the Administrative Code.
(5) The Contractor is solely responsible to fulfill its Social Impact Commitment. A Contractor may not require a subcontractor, subconsultant, supplier, or anyone else to perform its Social Impact Commitment. The Contractor may retain entities or individuals to assist the Contractor in implementing its Social Impact Commitment so long as any cost incurred to pay those entities or individuals is not charged or otherwise passed through to the SFPUC in accordance with subsection (a)(2) above.
(6) The Contractor’s Social Impact Commitment must be fulfilled during the term of the Covered Contract. Actions taken by the Contractor before the term of the Covered Contract begins or after it ends may not count towards the fulfillment of the Social Impact Commitment for that contract, except as may be permitted under SFPUC Social Impact Partnership Program Rules and Regulations.
(7) The Contractor’s Social Impact Commitment must be performed in the geographic area(s) specified in the solicitation for the Covered Contract. The SFPUC may provide further guidance or limitation on location in its Rules and Regulations and/or individual solicitations.
(b) Social Impact Partnership Program Solicitation Requirements. In its solicitations for Covered Contracts, whether by advertisement for bids or proposals, the SFPUC is authorized to include the Social Impact Partnership program. In any such solicitation, SFPUC shall include the description and requirements for the program.
(c) Evaluation and Scoring of Proposed Social Impact Commitments. The SFPUC Social Impact Partnership Program Rules and Regulations shall establish procedures for evaluation and scoring of proposed Social Impact Commitments. Solicitations for Covered Contracts shall include evaluation criteria for Social Impact Commitment proposals and the procedure for evaluation and scoring as appropriate to the specific Covered Contract. A Social Impact Commitment proposal score shall be applied as a Bonus to the total bid price or score to determine the apparent low bidder or highest-ranked proposer as appropriate to the Covered Contract.
(Added by Ord. 261-22, File No. 221126, App. 12/22/2022, Eff. 1/22/2023, Oper. 4/22/2023)
(Former Sec. 21F.4 added by Ord. 121-99, File No. 990405, App. 5/21/99; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)