Notwithstanding any other provision of this Administrative Code, when a department is seeking outside temporary professional design, consultant, or Construction Management services for a Public Work or Improvement project, where the fee for such services shall exceed the Minimum Competitive Amount, as defined below, the department shall procure such services through a competitive process based primarily on qualifications.
(a) Minimum Competitive Amount. The Minimum Competitive Amount for temporary outside professional service Contracts shall be $200,000. For every five-year period starting with January 1, 2020-December 31, 2024, the Controller shall recalculate the Minimum Competitive Amount to reflect any proportional increase in the Urban Regional Consumer Price Index from January 1, 2020, rounded to the nearest $10,000. The Minimum Competitive Amount as recalculated by the Controller shall take effect by operation of law on January 1 of the first year of the next five-year period (thus, for example, on January 1, 2025 following the five-year period ending December 31, 2024).
(b) Selection Process. For professional services Contracts in excess of the Minimum Competitive Amount, the Department Head shall designate one or more panels to review proposals and rate respondents with respect to a request for proposals or qualifications for a professional services Contract. A panel shall consist of not fewer than two persons. The Department Head may establish a multi-tier selection process whereby, for example, a technical panel recommends a shortlist of qualified respondents and a second panel ranks the shortlist.
The Department Head shall ensure that all panel members are impartial and that all respondents are treated fairly. The panel members rating the respondents shall do so according to their independent assessment of the respondent's qualifications for the Public Work project; questions relating to a respondent's expertise, qualifications and experience shall remain within the sole purview of the panel members.
(c) Negotiation. Following the selection process outlined above, and should the department concerned desire to enter into a Contract, the Department Head shall invite the highest-ranked qualified respondent to negotiate a Contract to the extent provided for in the request for proposals. In the event that the Department Head determines, in the Department Head's sole discretion, that negotiations are unfruitful, the Department Head shall terminate negotiations in writing and may then invite the next highest-ranked respondent to negotiate a Contract. In such event, the Department Head shall as soon as practicable make a report to the Mayor, board or commission as appropriate to the department.
(d) Procedure Upon Rejection or Failure of Proposals. If no Responsive proposals are received from qualified proposers, the Department Head shall determine (1) whether further outreach efforts would result in respondents submitting proposals and/or (2) whether removal or modification of certain requirements in the Contract or request for proposals or qualifications would result in respondents submitting responsive proposals, provided that such requirements are not required by law and their removal or modification would not compromise the interests of the City. If the Department Head determines that steps (1) and/or (2), above, would likely result in respondents submitting Responsive proposals, then the Department Head shall reissue the request for proposals or qualifications. If the Department Head determines that neither step (1) nor (2) above, would likely result in respondents submitting Responsive proposals, then the Department Head, with the approval of the Mayor or the board or commission concerned, as appropriate, may negotiate with any qualified Contractor for the professional services sought by the request for proposals or qualifications.
(e) Procedure Upon Contractor's Failure to Deliver. When a Contractor fails to deliver a service of the quality, in the quantity, or in the manner specified in the Contract within the time specified in the Contract, the department may terminate the Contract and/or procure such service from any source. The department's authority to procure services from other sources as specified in this subsection 6.40(e) shall not preclude the City's exercise of any other remedies, including termination of the Contract.
(Amended by Ord. 324-00, File No. 001919, App. 12/28/2000; Ord. 7-02, File No. 011675, App. 1/25/2002; Ord. 19-10, File No. 091163, App. 2/10/2010; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; Ord. 220-20, File No. 200949, App. 11/6/2020, Eff. 12/7/2020; Ord. 203-21, File No. 210835, App. 11/12/2021, Eff. 12/13/2021, Oper. 7/1/2022)