Sec. 28-151.1(1). Prime consultant's SBE plan for design services projects. Notwithstanding its compliance with any other requirement of the Tucson Procurement Code, respondents shall receive director approval of the SBE plan or be granted a waiver on the project in accordance with the requirements set forth in the solicitation. Such SBE plan shall be designed to meet the applicable project goals, which shall be incorporated into the resulting contract.
Sec. 28-151.1(2). Consultants for eligible projects. Consultants for eligible projects may meet the SBE project goals through the following methods:
(1) Prime consultant participation.
(a) Certified SBE prime consultants may use their own participation towards fulfillment of the project's SBE goals.
(2) Subconsultant participation.
(a) When a prime consultant utilizes one or more certified SBE subconsultants to satisfy its SBE participation commitment, the prime consultant may claim only the value of the commercially useful function to be performed by such subcontractor(s) in order to obtain credit toward the satisfaction of the applicable goal.
(b) If a certified SBE subconsultant enters into second tier subcontracts consistent with the standard industry practices, such SBE subconsultant is performing a commercially useful function. If a SBE subconsultant subcontracts a significantly greater portion of its work to a non-SBE than would be expected by standard industry practices, it should be presumed that the SBE is not performing a commercially useful function.
Sec. 28-151.1(3). Submission of SBE plan for professional design services projects.
(1) The solicitation shall contain any applicable SBE requirements. All respondents shall comply with the SBE requirements as set forth in the solicitation.
(2) The prime consultant shall submit an SBE participation plan or request for good faith waiver for each design project awarded under a request for qualification (RFQ) estimated above the amount specified in section 28-16(1) and has a goal established in accordance with the solicitation, prior to award. Plan(s) shall be submitted during the negotiation stage after the selection committee has identified the top ranked firm(s).
(3) The completed and signed SBE plan for the project shall include a list of names of the certified SBE prime consultant and SBE subconsultants to be used in the eligible project, the type of work or service each business will perform, and the dollar amount of a certified SBE prime consultant, and/or each certified SBE's subcontract of the total project.
(4) The prime consultant shall certify that the SBE plan has met the established SBE project participation goals or, notwithstanding good faith efforts to meet the goals, the consultant has been unable to do so and therefore is requesting a good faith effort waiver in part or in full.
Sec. 28-151.1(4). Review of SBE plans for professional design services projects.
(1) The Director shall review and evaluate SBE plans and determine whether the consultant met the project goals, and approve or reject the plan. The director may clarify information relative to the SBE plan with the respondent and/or any listed subconsultants.
(2) For all professional design services contracts, the director may determine that the plan is not acceptable where the respondent:
(a) Failed to provide a completed SBE plan;
(b) Failed to identify SBEs by name, the scope of work and value of work of the total negotiated fees sufficient to meet the applicable SBE goals for that project;
(c) Failed to achieve the dollar value of credible participation by certified SBEs necessary to meet the project goals; or
(d) Failed to meet the requirements for a waiver of the SBE goals. In the event that a plan is found unacceptable, the director may:
(i) If the contract has not been awarded, formally cease negotiations with the firm and enter into negotiations with the next ranked firm or reject all submittals; or
(ii) If the contract has been awarded, formally terminate the contract for failure to comply with the SBE provisions.
(3) The director's determination shall be in writing and state the basis for such decision.
(4) The director's determination shall be subject to the remedy provisions of section 28-151.2(2).
(5) Replacement of an SBE:
(a) The director shall review and approve the replacement of all subconsultants, including any SBE firms from a professional design services project. Approval must be obtained prior to the substitute subconsultant beginning the work.
(b) Removal of an SBE does not relieve the prime consultant of responsibility for meeting the SBE project goal.
(c) The consultant shall immediately take adequate good faith efforts to obtain another certified SBE to perform equal or greater dollar value of the work or submit a good faith waiver request, in full or in part.
(Ord. No. 10993, § 1, 6-12-12, eff. 7-1-12; Ord. No. 11296, § 1, 8-5-15)