San Francisco Administrative Code § 6.43 As-Needed Professional Services Contracts

Department Heads are authorized to procure as-needed professional services for temporary professional services to supplement the expertise or experience of the department for one or more Public Work or Improvement projects in conformance with Sections 6.40 through 6.42, with the following limitations:

(a) The Department Head shall designate an as-needed professional service Contract as a single-project or multipleproject Contract in the request for proposals or qualifications.

(b) Work shall be assigned by contract service orders. Contract service orders shall include a scope of services, time, and a not-to-exceed fee.

(1) A multiple-project as-needed Contract shall provide for a not-to-exceed amount and a Contract term of not more than five years from the date of certification by the Controller of the Contract, including all modifications. The cumulative modifications to a multiple-project as-needed Contract shall not exceed 150% of the original not-to-exceed amount. No contract service order or multiple contract service orders for services provided for any single project, whether in one phase or multiple phases, shall cumulatively exceed the Threshold Amount, including all modifications. A department may issue or modify any contract service order(s) to exceed the foregoing limit only upon

the Department Head's written determination establishing the justification for proceeding under the as-needed Contract rather than soliciting services through a formal competitive process.

(2) A single-project as-needed Contract shall provide for a not-to-exceed amount and identify the public work. The scope of the contract service orders must be limited to that single Public Work or Improvement. The limitations in subsection 6.43(b)(1) shall not apply to single-project as-needed Contracts.

(c) If a department has more than one as-needed multiple-project professional services Contract for the same scope of services, prior to issuance of any contract service order under that Contract, the department shall document the selection process of the Contractor from the other Contractors holding contracts for the same scope of services. At a minimum, the written documentation shall address the following:

• (1) The work or services required to meet the department’s needs;

• (2) The proposed Contractor’s unique qualifications or experience to perform the work or services, or why the nature of the work or services requires use of the Contractor; and

• (3) The anticipated cost to the City and the department’s determination that such cost will be in the best financial interest of the City.

The department shall maintain the selection documentation for at least three years after termination or expiration of the Contract. The Controller shall periodically audit the procurement of these as-needed Contracts as provided in Charter Section F1.106.

(Added by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; amended by Ord. 255-20, File No. 200787, App. 12/18/2020, Eff. 1/18/2021, Oper. 1/18/2021)

ARTICLE IV:

EXEMPTIONS FROM ARTICLES II AND III