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Best value procurement is a procurement process for construction services whereby a Contractor is selected on the basis of objective criteria to determine the best combination of price and qualifications. Department Heads are authorized to contract for Public Work or Improvements estimated to cost more or equal to $1,500,000 using a best value process under the following conditions:
(a) Selection Process and Criteria. Department Heads shall advertise for competitive best value Bids in accordance with the procedures and requirements set forth in Section 6.21. Department Heads shall prequalify Bidders pursuant to Section 6.20(j) or shall include in the best value solicitation specified minimum qualification criteria that all Bidders must meet in order for their Bids to be evaluated. Best value Bids shall include both cost and qualitative information. The best value Advertisement For Bids shall further include: (1) criteria that the City will consider in evaluating Bids; (2) the methodology and rating or weighting system that will be used to evaluate Bids; and (3) the relative importance or weight assigned to the criteria identified in the advertisement. The Department Head shall designate a qualified panel to evaluate the qualifications of the Bidders based solely upon the criteria set forth in the solicitation documents. The selection panel shall assign a qualifications score to each Bid. The selection criteria used to evaluate the Bidder qualifications may include but is not limited to the following:
(A) Safety record. The prior history concerning the safe performance of construction contracts.
(B) Past performance. The satisfactory performance on prior City contracts.
(C) Labor compliance. The ability to comply with, and past performance compliance with, contract and statutory requirements for the payment of wages and qualifications of the workforce.
(D) Demonstrated management competence. The experience, competency, capability, and capacity of the specific project's proposed management staffing to timely complete projects similar in size, scope, or complexity to the project under consideration.
(E) Financial condition. The financial resources needed to perform the contract. At a minimum, the criteria shall include a Bidder's capacity to obtain all required bonds and insurance.
(F) Relevant experience. The experience, competency, capability, and capacity to timely complete projects of similar size, scope, or complexity.
Cost information shall be sealed separately in a form prescribed by the Department Head. The evaluation shall be done in a manner that prevents cost or price information from being revealed to the selection panel evaluating the qualifications.
(b) Final Selection and Award. The Department Head may recommend award of a Contract to the Responsible Bidder whose Responsive Bid provides the best value to the City. To determine the Bid with the best value to the City, the Department Head shall divide each total Bid price by that Bidder's qualifications score. The lowest resulting quotient, or cost per quality point will represent the best value Bid. If award to the successful best value Bidder is not made for any reason, the Department Head may recommend the award of a Contract to the Bidder with the next lowest best value score, and so on.
(c) Contract Terms. Except as provided above in subsections (a) and (b), Contracts awarded under this Section 6.74 shall conform to the requirements of this Chapter 6 and Administrative Code Chapter 14B and Labor and Employment Code and . Departments shall apply applicable Administrative Code Chapter 14B Discounts as provided in Section 14B.7.
In the administration of the civic art collection and other works of art owned by or in the care of the City and County of San Francisco, and when such art work requires development, fabrication, maintenance, conservation, removal, and/or installation by a Contractor, the Arts Commission may enter into Contracts for definite or indefinite quantities of work for such development, fabrication, maintenance, conservation, removal, and/or installation in conformance with the following procedures:
(a) General As-Needed Contracts. The Director of Cultural Affairs may issue an Advertisement For Bids for development, fabrication, maintenance, conservation, removal, and/or installation services on an as-needed basis, with work to be assigned by contract service orders based on costs contained in the Bid. The as-needed Contract shall provide for a not-to-exceed amount and an expiration term of not more than five years, including all modifications. The Director of Cultural Affairs shall not issue any new contract service order after four years from the date the Contract is certified by the Controller. Additionally, the cumulative modifications to the as-needed Contract shall result in a contract sum not to exceed 150% of the original Contract amount. No contract service order or multiple contract service orders for any single Public Work, whether in one phase or multiple phases, shall cumulatively exceed the Threshold Amount. Notwithstanding the above, the Arts Commission may authorize any contract service order(s) to exceed the Threshold Amount only upon review of the Director of Cultural Affairs’ written determination establishing the need for the work and the justification for proceeding under this Section 6.75 rather than by formal competitive process.
(b) Master Agreement Contracts. The Arts Commission may award master agreement Contracts for the development, fabrication, maintenance, conservation, removal, and/or installation of art work on an “if-and-as-needed” basis, to qualified Contractors in conformance with the following procedures:
(1) Contract Award. The Arts Commission may award master agreement Contracts, on an “if-and-as-needed” basis to Contractors who can establish all of the licensing, qualifications, experience, and certifications, as required by the Director of Cultural Affairs. A Contractor may apply for a master agreement under this Section 6.75 by providing the Director of Cultural Affairs with a statement of its experience and qualifications and other information as required by the Director of Cultural Affairs. Within 60 days of receiving such information, the Director of Cultural Affairs shall advise the applicant of its eligibility for an award of a master agreement.
(2) Contract Terms. Master agreements shall provide for an expiration term of not more than five years from the date of Award, including all modifications. All master agreements shall provide for a maximum total dollar value of work each Contractor is authorized to perform during the contract period. No master agreement may be modified to exceed 150% of the original contract amount. Master agreements shall contain no minimum dollar amount. Master agreements shall provide that the Director of Cultural Affairs may assign work on a task order basis, “if-and-as- needed,” through competition among master agreement Contractors.
(3) Task Order Competitive Solicitation. To assign work under master agreement Contracts, the Director of Cultural Affairs shall solicit Quotations from no fewer than three qualified master agreement Contractors. Solicitations shall conform to Section 6.21, except that neither a published advertisement nor bid security shall be required. Solicitations shall include a description of the proposed task order scope of work, including plans or specifications, if any, and may include provisions for liquidated damages for delay if and as appropriate to the particular project. Responsive Quotations must include subcontractor listing, if any, in conformance with subsection 6.21(a)(9).
(4) Task Order Award. The Director of Cultural Affairs shall issue a task order for the performance of work under a master agreement to the Contractor submitting the lowest Responsive Quotation. In the event that the Director of Cultural Affairs is unable to obtain three Quotations, the award shall be based on the Quotation or Quotations received. If the Director of Cultural Affairs believes that the public interest would best be served, by accepting other than the lowest Quotation, the Director of Cultural Affairs is hereby authorized to accept the Quotation that in his or her discretion will best serve the public interest.
(5) Task Order Terms. No task order or multiple task orders for any single Public Work, whether in one phase or multiple phases, shall cumulatively exceed the Threshold Amount, including all modifications. Notwithstanding the above, the Arts Commission may authorize to exceed the foregoing limitation only upon the review of the Director of Cultural Affairs’ written determination establishing the urgency of the work and the justification for proceeding under this Section 6.75, rather than through San Francisco Public Works, in conformance with Section 6.2.
(c) Best Value. The Director of Cultural Affairs is authorized to issue requests for proposals for the development, fabrication, maintenance, conservation, removal, and/or installation of art work estimated to cost less than $1,000,000. Proposals will be evaluated based upon qualifications, cost, and any other criteria stated in the request for proposals. The Arts Commission may award the Contract to the highest-ranked Responsible proposer. If award to such proposer is not made for any reason, the Arts Commission may award the Contract to the next highest-ranked proposer.
(d) Other Procurements. The Director of Cultural Affairs may contract for the development, fabrication, maintenance, conservation, removal, and/or installation of art work estimated to cost less than $1,000,000, subject to the provisions of Section 6.73.
(e) Contract Terms and Conditions. Except as provided above, Contracts awarded under this Section 6.75 shall conform to the requirements of this Chapter 6 and Administrative Code Chapter 14B and Labor and Employment Code Articles and , as applicable. Any Contract awarded under this Section 6.75 shall require the Contractor to coordinate its efforts with the artist, the Director of Cultural Affairs, the department responsible for any related Public Work, and the Contractor performing such Public Work, if any.
(Added by Ord. 171-17, File No. 170679, App. 7/27/2017, Eff. 8/26/2017)
(a) The Department of Public Works is authorized to enter into and/or amend any contract for any Public Work or Improvement, as defined in Administrative Code Section 6.1, including any professional services for a Public Work or Improvement, without adherence to the requirements of this Chapter 6, Administrative Code Chapter 14B, Labor and Employment Code , and the Environment Code; provided, however, that the Public Work or Improvement is for the construction, repair, or improvement of one or more sites that will be used for the primary purpose of providing housing, shelter, or services to people experiencing homelessness.
(b) This Section 6.76 shall expire by operation of law on May 5, 2029, or on the effective date of an ordinance making the finding that according to the most recent Point in Time Homeless Count, that there are no more than 2,199 people experiencing unsheltered homelessness which is a 50% reduction in unsheltered homelessness from the 2022 Point in Time Count, whichever date is earlier. Upon expiration of this Section 6.76, the City Attorney is authorized to cause this Section to be removed from the Administrative Code.
(a) Eligible Contracts. For purposes of this Section 6.77, “Eligible Contract” shall mean a Contract for a Public Work or Improvement with an estimated cost that does not exceed $5,000,000. Starting as of January 1, 2030, the Controller shall adjust this limit in the same manner as the Controller adjusts the Threshold Amount for Public Works Contracts under Section 6.1 of this Code.
(b) Cooperative Purchasing. Notwithstanding any other provision of the Municipal Code, Department Heads are authorized to enter into Eligible Contracts for Public Works or Improvements by utilizing competitive procurements conducted by or for the benefit of other public agencies in California or elsewhere, under the terms established in those procurements, upon the Department Head making a written determination that (i) the procurement is for an Eligible Contract, (ii) the procurement was competitive or the result of a sole source award, and (iii) the use of the procurement would be in the City’s best interests. If the Award of the Eligible Contract requires approval of a board or commission, then the foregoing written determination of the Department Head shall also be subject to the board or commission’s approval.
(c) Contract Terms. Except as provided in subsection (b), Contracts awarded under this Section 6.77 shall conform to the requirements of this Chapter 6, Administrative Code Chapter 14B, and Labor and Employment Code , as applicable.
(Added by Ord. 161-24, File No. 240366, App. 7/3/2024, Eff. 8/3/2024)
(Former Sec. 6.77 added by Ord. 78-22, File No. 220392, App. 5/20/2022, Eff. 6/20/2022; expired 7/1/2023)
Editor’s Note:
Former Sec. 6.77 (“Short-Term Contract Extensions”) expired on 7/1/2023 per the terms of its sunset clause and was removed from the Code at the direction of the Office of the City Attorney.
ARTICLE V:
VIOLATIONS OF ADMINISTRATIVE CODE CHAPTER 6; FALSE CLAIMS; PROCEDURES FOR DEBARMENT; MONETARY PENALTIES
VIOLATIONS OF ADMINISTRATIVE CODE CHAPTER 6; FALSE CLAIMS; PROCEDURES FOR DEBARMENT; MONETARY PENALTIES
Violations and False Claims; Debarment and Monetary Penalties. | |
Collusion in Contracting. | |
Procedures for Administrative Debarment. | |
Assessment of Monetary Penalties for False Claims: Investigation and Prosecution. |
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