(a) Joint Venture Incentives For Use By Contract Awarding Authorities.
(1) Prime Professional Services Contracts. For Professional Services and Architecture/Engineering prime Contracts estimated by the Contract Awarding Authority to cost in excess of $20,000,000, the Contract Awarding Authority may apply a rating bonus as described in subsection (a)(3) to proposals from Joint Ventures with Small and/or Micro-LBE Joint Venture partners. The applicability of the rating bonus shall be clearly identified in the request for qualifications/proposals or other solicitation document.
(2) Design-Build Contracts. For Design-Build Contracts estimated by the Contract Awarding Authority to cost in excess of $20,000,000, Contract Awarding Authorities may apply a rating bonus as described in subsection (a)(3) to proposals from design-builders where the lead designer is a Joint Venture with a Small and/or Micro-LBE Joint Venture partner. The applicability of the rating bonus shall be clearly identified in the request for qualifications/proposals or other solicitation document.
(3) Rating Bonus. The following rating bonus may apply where the Director finds that the Small and/or Micro LBE Joint Venture Partner (i) will be responsible for, and has sufficient skill, experience, and financial capacity to perform a clearly defined portion of the work, (ii) shares in the Ownership, Control, management responsibilities, risks, and profits of the Joint Venture at least in proportion to the value of its assigned Joint Venture work, and (iii) performs a Commercially Useful Function:
(A) Up to 2% rating bonus to a Joint Venture with LBE prime Contractor or lead design partner participation that equals or exceeds 5% but is less than 10% of the prime level work or design portion of a Design-Build Contract.
(B) Up to 4% rating bonus to a Joint Venture with LBE prime Contractor or lead design partner participation that equals or exceeds 10% but is less than 15% of the prime level work or design portion of a Design-Build Contract.
(C) Up to 6% rating bonus to a Joint Venture with LBE prime Contractor or lead design partner participation that equals or exceeds 15% of the prime level work or design portion of a Design-Build Contract.
(4) The rating bonus shall not apply to any cost portion of the selection or evaluation process.
(5) For prime Professional Services Contracts, LBE prime Joint Venture partner participation cannot be used towards meeting the Contract’s LBE Subcontractor Participation Requirement. For Design-Build Contracts, LBE lead design Joint Venture partner participation can be used towards meeting the Contract’s LBE Subcontractor Participation Requirement. For both Contract types, LBE Joint Venture partner participation can be used towards meeting the good faith outreach exemption in Section 14B.8(B)(1).
(b) Core Discipline Incentives For Use by Contract Awarding Authorities. For all Professional Services and Architecture/Engineering prime Contracts, Contract Awarding Authorities may, in consultation with the Director, include as evaluation or selection criteria in the Contract procurement, a prime Contractor’s use of Micro and/or Small-LBEs in core disciplines to meet the Contract’s LBE Subcontractor Participation Requirement. The Contract Awarding Authority shall specify in the request for qualifications/proposals or other solicitation document what trades, scopes of work, or discipline areas will be considered core disciplines for a Contract. The weight of this core discipline selection criteria in the overall selection process will be at the discretion of the Contract Awarding Authority, and shall be clearly identified in the request for qualifications/proposals or other solicitation document.
(Ord. 213-17, File No. 170921, App. 11/3/2017, Eff. 12/3/2017)