San Francisco County Municipal Code Art. IV Exemptions from Articles II and III

Sec. 6.60. Emergency Repairs, Work and Contracts. Sec. 6.61. Design-Build. Sec. 6.62. Job Order Contracts. Sec. 6.63. Hazardous Materials Abatement Work. Sec. 6.64. As-Needed Construction Contracts. Sec. 6.65. Contracting for Elevator, Escalator, Security, Fire Protection or Fire Alarm Systems, Inspection, Maintenance, and Repair Work. Sec. 6.66. Convention Facility Public Works. Sec. 6.67. Clean Construction in Bidding. Sec. 6.68. Construction Manager/General Contractor. Sec. 6.69. Department of Public Health Public Work. Sec. 6.70. Real Estate Division Public Work. Sec. 6.71. Pier Repair Work. Sec. 6.72. Rail Grinding. Sec. 6.73. Other Procurements. Sec. 6.74. Best Value Procurement. Sec. 6.75. Contracting by the Arts Commission for the Development, Fabrication, Maintenance, Conservation, Removal, and/or Installation of Art Work. Sec. 6.76. Public Works Addressing Homelessness. Sec. 6.77. Use of Cooperative Purchasing Agreements.

(a) Declaration of Emergency. The Board of Supervisors may declare an emergency and may direct any Department Head to perform any repair or other emergency work in any manner the Board determines to be in the best interests of the City. (b) Other Determinations of Emergency. In an actual emergency as defined or described below, the Department Head responsible for addressing the emergency may declare an emergency with immediate notice to the Board of Supervisors, the Mayor, the Controller, and the board or commission having jurisdiction over the area affected by the emergency, if any. The Department Head responsible for addressing the emergency may execute the repair, reconditioning or other work or Contract necessitated by the emergency in the most expeditious manner, in accordance with the procedures set forth below. (c) Emergency Defined. For purposes of this Chapter 6, an "actual emergency" means a sudden, unforeseeable and unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to, life, health property or essential public services. An "actual emergency" shall also mean the discovery of any condition involving a clear and imminent danger to public health or safety, demanding immediate action. Examples of an actual emergency may include, but are not limited to, the following: (1) Weather conditions, fire, flood, earthquake or other unforeseen occurrences of unusual character; or (2) The breakdown or imminent breakdown of any plant, equipment, structure, street or Public Work necessitating immediate emergency repair or reconditioning to safeguard the lives or property of the citizens; or the property of the City; or to maintain the public health or welfare; and (A) Including the installation, repair, construction and alteration of crossings and switch work and special work in connection therewith at street and other railway crossings and at street intersections when the same is to be done by or for the Municipal Transportation Agency; or (B) Including the installation, repair, construction and alteration of the fire alarm, police communication and traffic signal systems, when the same is to be performed by or for the Department of Technology or the Municipal Transportation Agency; or

(C) Including the work of making connections, installing gate valves, installing or transferring services and performing such other work therewith to existing water pipes when the same is to be done by or for the Public Utilities Commission and when such work will leave one or more fire hydrants or water consumers without water; or (3) Unforeseen occurrences of unusual character resulting in an insufficient number of hospital beds or the lack of hospital beds or the lack of hospital, surgical, mental health or hospital ancillary services so as to leave patients of the City without required hospital or medical services. (d) Approvals Required for Determination of Emergency. If the estimated cost of the emergency work is less than or equal to $250,000 the Department Head may proceed with the work without additional approvals. If the estimated cost of the emergency work exceeds $250,000, the Department Head prior to authorizing the commencement of the work, must first secure the approval in writing of the Mayor or the president of the board or commission concerned as appropriate to the department. For all cases where the cost of the emergency work exceeds $250,000, the Department Head shall also obtain the approval of the Board of Supervisors by resolution. Such resolution shall set forth the estimated cost of the proposed emergency work. In the event that the actual cost of the emergency work exceeds the estimated cost, the Department Head shall prepare a closeout report describing the actual costs, and shall submit a copy of the closeout report to the Clerk of the Board of Supervisors for inclusion in the Board File containing the resolution approving the declaration of emergency under this Section 6.60. If the emergency does not permit the required approvals of the emergency determination to be obtained before work is commenced or the Contract(s) entered into, such approvals shall be obtained as soon thereafter as it is possible to do so. In such event, the Department Head concerned shall notify the Controller immediately of the work involved or the Contract(s) entered into and the estimated cost thereof. The proposed resolution approving the emergency determination shall be submitted to the Board of Supervisors within 60 days of the Department Head's emergency declaration. (e) Exemptions. Contracts awarded in accordance with this Section 6.60 under emergency circumstances as described and defined above are exempt from the requirements of this Chapter 6 and Chapters 12A and 14B of the Administrative Code and Articles 131 and 132 of the Labor and Employment Code. It is, however, the policy of the Board of Supervisors for contracting departments to make every effort to comply with the provisions of Administrative Code Chapters 12A and 14B and Labor and Employment Code Articles 131 and 132. In order to effectuate this policy, the Department Heads and their staff members shall collaborate with CMD periodically to create a list of Responsible Contractors qualified to perform various types of emergency work, making every effort to include qualified, Responsible, and certified LBE contractors on that list. CMD shall be responsible for outreach efforts to make sure that certified LBE Contractors are aware of the opportunity to be considered for the list. For all emergency construction contracts, the Contract Awarding departments or commissions shall be responsible for evaluating and determining whether Contractors are Responsible and qualified to perform the various scopes of work. The Department Heads shall report quarterly to the Board of Supervisors regarding LBE inclusion on the list of Responsible and qualified Contractors for emergency Contracts, a description of each emergency Contract awarded, the reason why the work was performed under these emergency procedures, and whether the emergency Contract was awarded to an LBE Contractor. Such reports shall be referred to a Board committee for public hearing. (f) Indemnification For Emergency Contracts. Department Heads responsible for any emergency work are hereby authorized to (1) waive any requirement that a Contractor performing such emergency work indemnify the City and/or (2) enter into a Contract that provides that the City indemnify such Contractor, except that the City shall in no event indemnify a Contractor for the Contractor's gross negligence or willful misconduct. (Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 58-05, File No. 041571, App. 4/1/2005; 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. 113-20, File No. 200443, App. 7/17/2020, Eff. 8/17/2020; Ord. 220-20, File No. 200949, App. 11/6/2020, Eff. 12/7/2020; Ord. 95-24, File No. 240227, App. 5/10/2024, Eff. 6/10/2024)

Design-build is an approach to the procurement of design and construction services, whereby a single entity, known as the "Design- Builder," is retained to provide both professional design services and general contractor services. Department Heads are authorized to seek bids or proposals from qualified private entities ("Design-Builders") for design-build construction and/or financing of Public Work projects under the following conditions: (a) Before the request for qualifications is issued, the Department Head shall determine that a design-build delivery method is necessary or appropriate to achieve anticipated cost savings or time efficiencies, or both, and that such a delivery method is in the public's best interest. For projects involving financing of Public Work or Improvements provided by the Design-Builder, the Department Head must first seek the approval of the board or commission if the department is under the jurisdiction of a board or commission, or the City Administrator, if the department is under the jurisdiction of the Mayor. The Department Head shall consult with the Office of the Controller to establish criteria for evaluating private financing proposals. (b) Competitive Bid or Fixed Budget Limit Procurement. (1) Pre-Qualification. When selecting a Design-Builder based on competitive bid or proposals for a fixed budget limit project, the Department Head shall pre-qualify Design-Builders, or a combination of the Design-Builders and one or more of their subcontractors prior to issuing an invitation to submit bids or proposal. The procedure for pre-qualification is as follows: (A) The Department Head shall issue a request for qualifications inviting interested parties to submit their qualifications to perform the project. The request for qualifications shall include criteria by which the prospective DesignBuilders will be evaluated

during the qualification process. The evaluation criteria shall be based on qualifications and experience relevant to the services needed for the project. The list of criteria may include, but is not limited to the following: (i) qualifications to design-build the proposed project; (ii) evidence of financial capacity; (iii) experience on similar projects; (iv) ability to collaboratively and cooperatively deliver projects on time and on budget; (v) history of liquidated damages for delay and other damages paid on prior projects, and prior litigation; (vi) reputation with owners of prior projects; (vii) claims history with insurance carriers and sureties; (viii) substantiated record of safe performance on construction projects in accordance with the definition of Responsible in Section 6.1; and (ix) other criteria that the Department Head may deem appropriate. The Department Head shall set objective scoring criteria and incorporate the criteria into any scoring procedure. (B) The Department Head shall designate a panel to review pre-qualification responses and rate respondents with respect to the request for qualifications. The panel, at the Department Head's discretion, may interview respondents and evaluate designs, concepts and/or approaches to the project as part of the pre-qualification process. Only those respondents found to be qualified will be eligible to submit bids or proposals. The list of pre-qualified respondents shall be valid for not more than two years following the date of initial pre- qualification. The Department Head may restrict bidding or proposing to a shortlist of no fewer than three pre-qualified Design-Builders. (2) Request for Bids. The Department Head shall issue a request for bids inviting pre-qualified Design-Builders to submit bids for the project in conformance with the requirements set forth in Section 6.21(a), except that the Department Head is not required to advertise for bids. The request for bids shall include a criteria package describing preliminary design criteria and performance criteria for the project, as well as any other information deemed necessary to describe adequately the City's needs for the project. The Department Head may recommend the award of a Contract to the Responsible Bidder submitting the lowest Responsive Bid. If the award to that bidder is not made for any reason, the Department Head may recommend the award of a Contract to the Responsible Bidder submitting the next lowest Responsive Bid, and so forth. (3) Request for Proposals for Fixed Budget Limit Projects. As an alternative to receiving competitive bids, the Department Head may issue a request for proposals stating a fixed budget limit for the project and inviting pre-qualified Design-Builders to submit proposals for the project. The request for proposals shall provide a description of preliminary design criteria and performance criteria for the base scope of the project. The request for proposals shall also provide a description of preliminary design criteria and performance criteria for additional desired project enhancements. The proposal shall include the Design-Builder's agreement to fully deliver the base scope of the project and may also include any of the additional desired project enhancements the Design-Builder offers to fully deliver within the fixed budget limit. The proposals shall be evaluated based upon stated objective criteria, which may include qualifications, experience, design proposals, cost, and the value of the proposed enhancements. The Department Head may recommend the Award of a Contract to the highest-ranked proposer. If the Award to that proposer is not made for any reason, the Department Head may recommend the Award of a Contract to the next highest-ranked proposer, and so forth. (4) Procurement of Trade Subcontractors. The Department Head may require that all subcontractors be listed at the time of bid or proposal or may identify specific trades for which the Design-Builder must list subcontractors. Following award of the Contract, the Design-Builder shall add or substitute trade subcontracts with a value exceeding 0.5% of the Contract amount applicable to the construction work as follows: (A) Unless otherwise authorized by the Department Head, each trade subcontract opportunity shall be advertised as provided in subsection 6.21(a)(1); (B) The Design-Builder shall establish reasonable qualification criteria and standards; (C) The Design-Builder may then award the subcontract to a Responsible subcontractor either on a best value basis or to the Bidder with the lowest Responsive bid; (D) All subcontractors, whether listed at the time of bid or proposal or added or substituted under this subsection 6.61(b)(4), shall be afforded all of the protections of the California Subletting and Subcontracting Fair Practices Act at California Public Contract Code Sections 4100 et seq., as amended from time to time. (c) Best Value Procurement. Under best value procurement, the department shall select the Design-Builder based on a combination of cost and non-cost criteria. The weighting of the cost and non-cost criteria in the overall evaluation is at the discretion of the Department Head. If the project seeks private financing proposals and/or the Department Head determines that it is in the public’s best interest to consider qualifications and/or other subjective criteria (e.g., quality of design proposal) as part of the final selection process, the Department Head shall require that prospective proposers be pre-qualified pursuant to the process in subsection 6.61(b)(1) or shall issue a combined request for qualifications and proposals inviting Design-Builders, or a combination of Design-Builders and their Core Trade Subcontractors meeting specified minimum qualification criteria, to submit design-build proposals, which will be evaluated based upon Responsibility and qualificat

rospective proposers be pre-qualified pursuant to the process in subsection 6.61(b)(1) or shall issue a combined request for qualifications and proposals inviting Design-Builders, or a combination of Design-Builders and their Core Trade Subcontractors meeting specified minimum qualification criteria, to submit design-build proposals, which will be evaluated based upon Responsibility and qualifications, stated subjective criteria, and project and/or financing costs. The license and business tax requirements of subsections 6.21(a)(6) and (8) shall apply to requests for proposals under this subsection 6.61(c). (1) Non-cost criteria. The Department Head shall designate a qualified panel to evaluate design-build proposals and rank the proposals to determine which provides the overall best value to the City. The non-cost evaluation criteria may include, but is not limited to the following: (A) plan for expediency in completing the proposed project; (B) lifecycle cost to the City; (C) qualifications to finance the proposed project; (D) quality of design proposal; (E) if private financing is sought, commitment of funds, cost of funds and terms to the City; and (F) other criteria established by the Department Head in the request for proposals. (2) Design Proposals. (A) The Department Head may request Design-Builders to create partial designs, which will be evaluated as part of the selection process. The Department Head may offer a reasonable stipend to short-listed Design-Builders to create partial designs who are not awarded the Contract. The receipt of a stipend shall be contingent upon a Design-Builder’s proposal being responsive to the request for proposals. Stipends paid in accordance with this subsection are exempt from the requirements of the Administrative Code and Labor and

Employment Code, including but not limited to Administrative Code Chapters 6 and 14B and Labor and Employment Code Articles 131 and 132. (B) The Department Head may require short-listed Design-Builders who are creating partial designs to participate in one or more confidential review meetings with City representatives and/or selection panel members during the proposal preparation period. The purpose of the review meetings will be to ensure that each Design-Builder's partial design is proceeding in a manner that is consistent with the requirements of the City as set forth in the criteria package. Discussions during review meetings shall be limited to objective elements of the criteria package. (3) Design-Builders submitting private financing proposals shall provide evidence of the commitment of funds necessary to privately finance the proposed projects to completion. (4) The Department Head may, at his or her sole discretion, conduct any negotiations that are necessary to effectuate the award of a Contract and that are fair and reasonable to the competitive process. The Department Head may recommend the award of a Contract to the highest-ranked proposer. If the Award to the highest-ranked proposer is not made for any reason, the Department Head may recommend the award of a Contract to the next highest-ranked proposer, and so forth. (5) Procurement of Trade Subcontractors. With the approval of the Department Head, the selected Design-Builder may procure trade work in conformance with the following procedures: (A) Competitive Bid Procurement. The Department Head shall require the Design-Builder to pre-qualify trade subcontractors, subject to a process, which may be a minimum qualification application, pre-approved by the Department Head. The Design- Builder shall attempt to establish a pool of no fewer than three pre-qualified subcontractors for each trade package. The Design-Builder shall receive sealed bids from the pre-qualified trade subcontractors. The bid security provisions of Section 6.21 will not apply. All trade packages procured pursuant to this subsection 6.61(c)(5)(A) shall be awarded to the Responsible Bidder submitting the lowest Responsive Bid. (B) Core Trade Subcontractors. Upon approval of the Department Head, the Design-Builder may procure design, preconstruction, or design-assist services from Responsible Core Trade Subcontractors based on qualifications only. As soon as practical, or as otherwise approved by the department, each Core Trade Subcontractor shall provide a written cost proposal for construction of the related trade package. Before authorizing the Design-Builder to subcontract with a Core Trade Subcontractor for the trade package, the department must validate the cost proposal by an independent cost estimate. The Department Head, in the Department Head’s sole discretion, may require the Design-Builder to competitively procure the trade package by competitive bid in conformance with subsection 6.61(b)(5)(A). (C) Self-Performed Work. The Department Head may specify in the design-build request for proposals one or more scopes of work that may be self-performed by the Design-Builder. Before authorizing the Design-Builder to self-perform work, the Department Head must determine the cost of the work to be fair and reasonable, either by an independent cost estimate or by a competitive bidding process. (D) Direct Negotiations. The Department Head may authorize the Design-Builder to negotiate subcontracts for trade work as appropriate for the project, up to an amount not exceeding 7.5% of the total estimated construction subcontract costs. The Department Head shall establish a maximum dollar value for each negotiated trade subcontract as appropriate for the project. (d) The City shall retain the absolute discretion to determine, at any time during the process, not to proceed with any proposed project, which right may be exercised without liability to Design-Builders for costs incurred at any point during the pre-qualification, proposal and negotiation process, and such rights shall be reserved in all requests for qualifications and proposals. (e) All Contract terms and working conditions of Section 6.22 shall apply to design-build Contracts. Only those Administrative Code provisions that normally apply to subcontracts will apply to the trade package subcontracts procured under this Section 6.61. The Design-Builder may request permission from the Department Head to require corporate surety payment and performance bonds for some or all subcontracts. (f) Design-builders shall comply with all applicable requirements set forth in Administrative Code Chapters 12 and 14. (g) All Contracts procured under this Section 6.61 are subject to the award provisions of Section 6.3. If the proposed Contract involves a financing program, the City Capital Planning Committee must review and report on the proposed project before the board, commission, Mayor or his/her designee takes any action with respect to award of the Contract. (h) All actions heretofore taken by a Department Head consistent with the provisions of this section are hereby approved. (Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 153-00, File No. 000805, App. 6/30/2000; Ord. 58-05, File No. 041571, App. 4/1/2005; Ord. 18-07, File No. 060344, App. 2/9/2007; Ord. 119-08, File No. 080277, App. 7/11/2008; Ord. 75-14 , File No. 140226, App. 5/28/2014, Eff. 6/27/2014; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017; Ord. 113-20, File No. 200443, App. 7/17/2020, Eff. 8/17/2020; Ord. 74-23, File No. 230408, App. 5/3/2023, Eff. 6/3/2023, Oper. 7/1/2023)

The job order contracting system ("JOC") provides for an indefinite quantity contract with a predefined set of Bid items that are assigned on a periodic or task order basis for the performance of maintenance, repair and minor construction projects. Department Heads are authorized to utilize JOC according to the procedures set forth below.

(a) Each JOC Contract is to be advertised for competitive Bids in accordance with the procedures set forth in this Chapter 6 and awarded to the Responsible Bidder who submits the lowest Responsive Bid. (b) The Advertisement For Bids shall include unit prices and detailed technical specifications for each construction task contemplated to be performed under the JOC Contract. Each task item shall include direct costs for material, equipment and labor. Construction tasks shall be grouped by trade. (c) The Advertisement For Bids shall contain the City's estimate regarding the percentage of work under the JOC Contract that will be performed by each trade. The Advertisement For Bids shall also require the Contractor to commit to an LBE Subcontractor Participation Requirement, as set CMD, in the performance of task orders under the JOC Contract. Upon completion of the JOC Contract term, CMD shall verify compliance with the LBE Subcontractor Participation Requirement. Departments may designate specific JOC Contracts as limited set asides for Micro-LBEs as provided under Chapter 14B of the Administrative Code. (d) The Contractor's Bid shall include a subcontractor list in conformance with Section 6.21(a) and Chapter 14B of the Administrative Code at the time of bid or at the time of a task order as appropriate. All requests for substitutions of subcontractors shall be made and considered under California Public Contract Code Section 4107, as may be amended from time to time. Notwithstanding this requirement, if a listed subcontractor confirms in writing that it is not available to perform one or more task orders, the Contractor may request to add without penalty a subcontractor to perform under the task order(s) at no additional cost to the City. The aggregate value of the work performed by subcontractors added to substitute for listed but unavailable subcontractors shall not exceed 20% of the original Contract amount. Specialty trade work unanticipated at the time of Bid, requiring the addition of one or more subcontractors, shall be considered the performance of a change order under California Public Contract Code Section 4107(c). The addition of any subcontractor under any circumstances or for any purpose shall be effected by change order or Contract modification. Prior to any added subcontractor performing any task order work, the awarding department shall confirm the license, insurance coverage, and other qualifying criteria as required by law. (e) Contractors submitting Bids on the JOC Contract shall state in their Bids an adjustment on a percentage basis either increasing or decreasing the unit prices for all construction tasks set forth in the Bid documents. There may be a single adjustment factor that applies to all tasks. For example, an adjustment factor of 25% below the unit prices stated in the Bid documents would be Bid as .75. All of the profit, overhead and indirect costs shall be included in the adjusted unit prices. (f) The Advertisement For Bids and the contract specifications shall contain a maximum dollar amount of the JOC Contract, which maximum amount shall not exceed $5,000,000. In no case shall the cumulative modifications to a JOC Contract result in a contract sum exceeding 150% of the original Contract amount. (g) JOC Contracts shall provide for an expiration term of not more than five years, including all modifications. However, the Department Head shall not issue any new task orders under the JOC Contract after four years from the date the Contract is certified by the Controller. (h) The contracting terms and working conditions of Section 6.22 shall apply to JOC Contracts, except that the Department Head may authorize the Contractor to file the bonds required by Section 6.22(a) after Contract execution but prior to the execution of any task order. The Department Head shall require the Contractor to issue bonds for a sum of not less than 100% of the task orders issued under the JOC Contract or 25% of the Contract amount, whichever is greater. (i) Projects will be assigned under the JOC Contract on a task order basis at the sole discretion of the Department Head concerned. Each task order shall include a time certain for completion of the work and an appropriate sum for liquidated damages for delay. Each task order shall also include a list of the subcontractors performing work under such order, with each subcontractor's name, business address, San Francisco business tax registration number, Contractor license number, scope of work, and data as may be required by CMD. The task order price shall be no more than the calculated unit prices and the Bid adjustment factor. No task order shall exceed the Threshold Amount, including all modifications. A department may issue or modify any task order(s) to exceed the Threshold Amount only upon the Department Head's written determination establishing the critical nature or significant need for the work and the justification for proceeding under this Section 6.62 rather than by formal competitive process. (j) A Contractor who enters into a JOC Contract with a particular City department is not eligible during the term of such JOC Contract to submit a Bid on a subsequent JOC Contract advertised by the same contracting department, except in the following circumstances: (1) the Contractor's existing JOC Contract will expire in 120 days or fewer; (2) the contracting department has issued task orders valued by the City in an amount equal to or exceeding 90% of the maximum dollar amount of the existing JOC Contract; or (3) the subsequent JOC Contract is funded by a different source of government funds (e.g., Federal, State, Local) than the funding source used for the existing JOC Contract. Nothing in this section shall preclude a Contractor from simultaneously bidding on multiple JOC Contracts advertised by one City department prior to Award of a JOC Contract by that department. (Added by Ord

ng JOC Contract; or (3) the subsequent JOC Contract is funded by a different source of government funds (e.g., Federal, State, Local) than the funding source used for the existing JOC Contract. Nothing in this section shall preclude a Contractor from simultaneously bidding on multiple JOC Contracts advertised by one City department prior to Award of a JOC Contract by that department. (Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 324-00, File No. 001919, App. 12/28/2000; Ord. 58-05, File No. 041571, App. 4/1/2005; Ord. 19-10, File No. 091163, App. 2/10/2010; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)

Department Heads are authorized to execute Contracts for hazardous materials abatement work ("Abatement Work") in accordance with the following procedures: (a) The department shall advertise for and receive proposals from hazardous materials abatement Contractors, which proposals shall

address the qualifications of the Contractors to perform the testing, design, and advice portions of Abatement Work and Responsibility to perform construction-related Abatement Work. The proposals shall be evaluated according to the requirements of Administrative Code Chapters 6 and 14B and Labor and Employment Code Articles 131 and 132, relevant to professional services and Public Work or Improvement Contracts. (b) The department shall select a sufficient number of qualified Contractors to perform the amount of Abatement Work anticipated to be required in the upcoming one or more years and enter into master agreements for Abatement Work on an "if- and as-needed" basis with those Contractors. Each master agreement for Abatement Work shall state the maximum total dollar value of work each Contractor is authorized to perform during the Contract period. (c) When the Department Head determines that: (1) hazardous materials on public property must be expeditiously abated; (2) there is inadequate time to issue an Advertisement for Bids in accordance with this Chapter 6; and (3) the department personnel who will manage the work have the appropriate training, then task orders for Abatement Work may be issued as follows: The department shall seek price Quotations for performance of the Abatement Work from at least three of the Contractors with master agreements. The task order for the Abatement Work will be issued to the Contractor submitting the lowest Quotation, except as otherwise provided herein. The department shall keep a record of such Quotations and a register of all task orders issued under master agreements for Abatement Work. In the event that the department is unable to obtain three Quotations, the Department Head shall base the issuance of a task order on the Quotation or Quotations received. If the Department Head believes that the public interest would best be served by accepting other than the lowest Quotation, he or she is hereby authorized to accept the Quotation that in his or her discretion will best serve the public interest. The Department Head may reject any and all Quotations and request new Quotations. (d) The department may authorize the Contractor to file corporate surety bonds as required in subsection 6.22(a), or after Contract execution but prior to the issuance of any work. The bonds shall be for a sum of not less than 100% of the cumulative value of all work issued under the master agreement. (Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; Ord. 113-20, File No. 200443, App. 7/17/2020, Eff. 8/17/2020)

A Department Head is authorized to execute Contracts for construction services on an as-needed basis, with definite or indefinite quantities of work. in accordance with the following procedures: (a) General As-Needed Contracts. A Department Head may issue an Advertisement For Bids for construction 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 Department Head 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. A department may issue or modify any contract service order(s) to exceed the Threshold Amount only upon the Department Head's written determination establishing the need for the work and the justification for proceeding under this Section 6.64 rather than by formal competitive process. (b) Master As-Needed Agreements. The Department Head may execute master as-needed agreements, on an "if-and-as-needed" basis with Contractors who can establish experience, expertise, and quality of work. Master as-needed agreements shall provide for an expiration term of not more than five years from the date of certification by the Controller, including all modifications. A Contractor may apply for a master as-needed agreement under this subsection 6.64(b) by providing the department with a statement of its experience and qualifications and other information as requested by the department. Within 60 days of receiving such information, the department shall advise the applicant of its eligibility for an award of a master as-needed agreement. For performance of specific tasks, the department shall seek Quotations from at least three of the Contractors with master as-needed agreements. The department shall issue a contract service order for the work to the Contractor submitting the lowest Quotation, except as provided below. In the event that the department is unable to obtain three Quotations, the Department Head shall base the issuance of the contract service order on the Quote or Quotes received. The Department Head may reject any and all Quotations and request new Quotations. 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, including all modifications. Additionally, the cumulative modifications to an as-needed agreement shall not exceed 150% of the original Contract amount. (c) Except as provided below, all of the requirements of this Chapter 6 and Administrative Code Chapter 14B and Labor and Employment Code Articles 131 and 132 apply to as-needed Contracts. Departments may designate specific as-needed contracts as limited set asides for Micro-LBEs as provided under Chapter 14B of the Administrative Code. (1) The Department Head may authorize the Contractor to file corporate surety bonds as required in subsection 6.22(a) after execution of the as-needed Contract, but prior to the execution of any contract service order. The bonds shall be for a sum of not less than 100% of the cumulative value of all issued contract service orders under the as-needed Contract or at least 25% of the Contract amount, whichever is greater. (2) The Department Head may require the Contractor to include a subcontractor list in conformance with subsection 6.21(a) and Chapter 14B of the Administrative Code at time of Bid or at the time of contract service order, as appropriate to the Contract.

(d) Department Heads shall report quarterly to the Board of Supervisors regarding the department's use of as-needed Contracts and the actual amount of participation of LBE subcontractors or subconsultants to determine whether LBE Subcontractor Participation Requirements are being met on as-needed Contracts. Such reports shall be referred to a Board committee for public hearing. (Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 58-05, File No. 041571, App. 4/1/2005; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)

ALARM SYSTEMS, INSPECTION, MAINTENANCE, AND REPAIR WORK. Department Heads are authorized to award Contracts for the inspection, maintenance and repair services of existing elevator, escalator, security, fire protection, or fire alarm systems ("special services") in accordance with the following procedures: (a) The department may award master agreement Contracts, on an “if-and-as-needed” basis to Responsible special service providers. A potential special service provider may apply for a master agreement under this Section 6.65 by providing the department with a statement of its experience and qualifications and other information as requested by the department. Within 60 days of receiving such information, the department shall advise the applicant of its eligibility for an award of a master agreement. Master agreements for special services under this Section 6.65 shall conform to the insurance, indemnification, and Prevailing Wage requirements of Section 6.22. Master agreements shall provide for an expiration term of not more than five years from the date the Contract is certified by the Controller, including all modifications. (b) For performance of specific tasks, the department shall seek price Quotations from at least three of the special service providers with master agreements. The department shall issue a contract service order for the work to the provider submitting the lowest Quotation, except as provided below. In the event that the department is unable to obtain three Quotations, the Department Head shall base the issuance of the contract service order on the Quote or Quotes received. If the Department Head believes that the public interest would best be served by accepting other than the lowest Quotation, he or she is hereby authorized to accept the Quotation that in his or her discretion will best serve the public interest. The Department Head may reject any and all Quotations and request new Quotations. (Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 58-05, File No. 041571, App. 4/1/2005; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; Ord. 113-20, File No. 200443, App. 7/17/2020, Eff. 8/17/2020)

When construction work is required for the City-owned convention facilities, such services may be procured in accordance with the following procedures: (a) Bids will be requested from not fewer than three Bidders for a construction Contract. The Contract will be awarded to the Responsible Bidder with the lowest Responsive Bid. A record of all Bids received and a register of all Awards made under this Section 6.66 shall be maintained. In the event three Bids cannot be obtained, the Award shall be based on the Bid or Bids received. Any or all Bids may be rejected and new Bids may be requested. (b) Authority to undertake the contracting process and enter into Contract directly with the Contractor may be delegated to the operator/manager of the convention facilities. In such event, the City Administrator or his or her designee shall first review the propriety of the process and shall approve the Award of any Contract. (c) In no event shall the Award of Contracts by the procedures set forth in this Section 6.66 exceed the cumulative sum of $3,000,000 in any fiscal year. Except as provided herein, any Contract awarded under this Section must comply with this Chapter 6 and with Administrative Code Chapter 14B and Labor and Employment Code Articles 131 and 132. All of the Contracts awarded and work performed under this Section 6.66 shall be reported to the Board of Supervisors on a quarterly basis. (Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)

The Clean Construction requirements of Section 6.25 and Environment Code Chapter 25 are mandatory for Public Work or Improvements to be performed within the City and estimated to require 20 or more days of work to complete. For other Public Work or Improvements, Department Heads are encouraged to require the use of off-road equipment and off-road engines that meet or exceed the standards in Chapter 25, or to use Bid criteria that favor the use of such equipment and/or engines. Department Heads are particularly

encouraged to do so wherever the project is located within 500 feet of a Sensitive Site, as defined in Health Code Section 3804. (Added by Ord. 70-07, File No. 061432, App. 4/2/2007; amended by Ord. 28-15 , File No. 140805, App. 3/19/2015, Eff. 4/18/2015; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)

Construction Manager/General Contractor is an approach to the procurement of construction services whereby a construction manager/general Contractor ("CM/GC") is retained during the design process to review and provide comments as to the constructability of the Architect/Engineer's design within the established budget. Department Heads are authorized to seek proposals from qualified CM/GCs for construction of public work projects under the following conditions: (a) Before the request for qualifications or proposals is issued, the Department Head shall determine that a CM/GC delivery method is necessary or appropriate to achieve anticipated cost savings or time efficiencies, or both, and that such a delivery method is in the public's best interest. (b) Procurement of CM/GC. Department Heads are authorized to procure CM/GC services through one of the following three methods: (1) Cost Only Procurement. Department Heads shall require that prospective proposers be pre-qualified to submit proposals on a specific project. The procedure for pre-qualification and final selection is as follows: (A) Pre-qualification. The Department Head shall issue a request for qualifications inviting interested parties to submit their qualifications to perform the project. The request for qualifications shall include criteria by which the prospective proposers shall be evaluated. The evaluation criteria shall be based on qualifications and experience relevant to the services needed for the particular project. The list of criteria may include, but is not limited to the following: (i) ability to perform required pre-construction and construction phase services; (ii) evidence of financial capacity; (iii) experience on projects of similar size and complexity; (iv) ability to collaboratively and cooperatively deliver projects on time and on budget; (v) history of liquidated damages for delay and other damages paid on prior projects, and prior litigation; (vi) reputation with owners of prior projects; (vii) claims history with insurance carriers and sureties; and (viii) other criteria that the Department Head may deem appropriate. The Department Head shall set objective scoring criteria and incorporate the criteria into any scoring procedure. The Department Head shall designate a qualified panel to review pre- qualification responses and rate respondents with respect to the request for qualifications. The panel, at the department's discretion, may interview respondents as part of the pre-qualification process. Only those respondents found to be qualified will be eligible to submit proposals. The list of pre-qualified respondents shall be valid for not more than two years following the date of initial pre-qualification. The Department Head may establish a shortlist of no fewer than three pre-qualified respondents. (B) Request for Proposals and Selection Process. The Department Head shall issue a request for proposals inviting pre-qualified CM/GCs to submit competitive cost proposals for the project. The request for proposals shall include information describing the scope of pre-construction and construction phase services for the project. The request for proposals shall request the following minimum information from each proposer: (i) fees for pre-construction services; and (ii) fees for construction phase services, such as profit or general conditions. The Department Head may recommend the award of a Contract to the Responsible proposer submitting the lowest Responsive cost proposal. (2) Best Value Procurement. Under best value procurement, the department shall select the CM/GC based on a combination of cost and non-cost criteria. The weighting of the cost and non-cost criteria in the overall evaluation is at the discretion of the Department Head. The Department Head shall require that prospective CM/GCs be pre-qualified according to the process in subsection 6.68(b)(1) (A), or shall issue a combined request for qualifications and proposals inviting CM/GCs to submit competitive proposals for the project. In the case of a combined request for qualifications and proposals, the department may include a set of minimum qualifications that all potential proposers must meet in order for their proposals to be evaluated. The request for proposals shall include information describing the scope of pre-construction and construction phase services for the project. The request for proposals shall request the following minimum information from each proposer: (i) fees for pre-construction services; (ii) fees for construction phase services, such as profit or general conditions; and (iii) the qualitative criteria described in subsection 6.68(b)(2)(A). (A) Non-Cost Criteria. The Department Head shall designate a qualified panel to evaluate and rank the proposals to determine which provides the overall best value to the City with respect to non-cost and cost criteria. In cases where proposers were pre-qualified in advance, this panel may be the same panel that reviewed the pre-qualification responses, or may include different qualified panelists. The list of non-cost criteria may include but is not limited to the following: (i) plan for expediency in completing the proposed project; (ii) quality of proposal; and (iii) other criteria established by the Department Head in the request for proposals. The Department Head shall set objective scoring criteria and incorporate the criteria into any scoring procedure. (B) The Department Head may recommend the award of a Contract to the highest-ranked CM/GC. If award to such CM/GC is not made for any reason, the Department Head may recommend the award of a Contract to the next highest-ranked CM/GC. (3) CM/GC Team Best Value Procurement. The Department Head may select a CM/GC team made up of the CM/GC and specified Core Trade Subcontractors. The Department Head shall require that prospective teams be pre-qualified accordi

highest-ranked CM/GC. If award to such CM/GC is not made for any reason, the Department Head may recommend the award of a Contract to the next highest-ranked CM/GC. (3) CM/GC Team Best Value Procurement. The Department Head may select a CM/GC team made up of the CM/GC and specified Core Trade Subcontractors. The Department Head shall require that prospective teams be pre-qualified according to the process in subsection 6.68(b)(1)(A), and then issue a request for proposals inviting pre-qualified CM/GC teams to submit competitive cost proposals for the project. Alternatively. the Department Head shall issue a combined request for qualifications and proposals inviting prospective teams to submit competitive proposals for the project. In the case of a combined request for qualifications and proposals, the department may include a set of minimum qualifications that all potential CM/GCs and their Core Trade Subcontractors must meet in

order for their proposals to be evaluated. The request for proposals shall include information describing the scope of pre-construction and construction phase services for the project. The request for proposals shall request the following minimum information from each team: (i) fees for pre-construction services; (ii) fees for construction phase services, such as profit or general conditions; and (iii) the qualitative criteria as described in subsection 6.68(b)(2)(A). (A) The Department Head may recommend the award to the highest-ranked CM/GC team in accordance with the selection process in subsection 6.68(b)(2)(A) and (B). (c) Procurement of Trade Subcontractors. Department Heads shall require the selected CM/GC to procure trade work contracts through one or more of the following methods: (1) Pre-qualification and Competitive Bid. The Department Head shall require the CM/GC to pre-qualify trade subcontractors, subject to a process, which may be a minimum qualification application, pre-approved by the Department Head. The CM/GC shall attempt to establish a pool of no fewer than three pre-qualified subcontractors for each trade package. Unless otherwise authorized by the Department Head, each trade package pre-qualification opportunity shall be advertised as provided in subsection 6.21(a)(1). The Department Head shall require the CM/GC to receive sealed Bids from the pre-qualified trade subcontractors. Unless otherwise provided for in the advertisement or notice for bids, the bid security provisions of Section 6.21 will not apply. The CM/GC shall award a trade package subcontract to the Responsible Bidder submitting the lowest Responsive Bid. (2) Core Trade Subcontractors. The Department Head may authorize the CM/GC to enter into subcontracts with Core Trade Subcontractors to provide pre-construction, design-assist, or design-build services as appropriate for the project. Before the CM/GC may award trade package subcontracts for construction services to the Core Trade Subcontractors, including Core Trade Subcontractors selected as part of the CM/GC team in subsection 6.68(b)(3), the Core Trade Subcontractors' bids must be validated against an independent cost estimate, as overseen by the Department Head. (3) Direct Negotiation. The Department Head may authorize the CM/GC to negotiate subcontracts for trade work as appropriate for the project, up to an amount not exceeding 7.5% of the total estimated construction costs. The Department Head shall establish a maximum dollar value for each negotiated trade subcontract as appropriate for the project. (4) Self-Performed Work. The Department Head may authorize the CM/GC to self-perform work after determining the cost of the work to be fair and reasonable, either by an independent cost estimate or by a competitive bidding process. (d) Except for the bid security and subcontractor listing requirements in subsections 6.21(a)(4) and 6.21(a)(9), the requirements of Section 6.21 will apply to the selection of CM/GCs under this Section 6.68. Any resulting Contract with a CM/GC shall comply with Section 6.22, except that the bond shall be for a sum not less than 100% of the costs of construction and must be filed with the department prior to notice to proceed with construction. Only those Administrative Code provisions that normally apply to subcontracts will apply to the trade package subcontracts, except that the Department Head may authorize the CM/GC to require corporate surety payment and performance bonds for some or all trade package subcontracts. (e) The City shall retain the absolute discretion to determine, at any time during the process, not to proceed with any proposed project, which right may be exercised without liability to CM/GC for costs incurred at any point during the selection process, and such rights shall be reserved in all request for qualifications or proposals. (f) All actions heretofore taken by a Department Head consistent with the provisions of this Section 6.68 are hereby approved. (Added by Ord. 119-08, File No. 080277, App. 7/11/2008; amended by Ord. 96-10, File No. 100332, App. 5/13/2010; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; amended by Ord. 74-23, File No. 230408, App. 5/3/2023, Eff. 6/3/2023, Oper. 7/1/2023)

For Public Works or Improvements necessary to maintain or repair health facilities under the jurisdiction of the Health Commission, the Department of Public Health (DPH) may award master agreement Contracts, for work to be performed on an "if-and-as-needed" basis, to qualified Contractors in conformance with the following procedures: (a) Contract Award. The Director of DPH may award master agreement Contracts, on an "if-and-as-needed" basis to construction Contractors who can establish all of the licensing, qualifications, experience, and certifications, as required by the Director of DPH. A Contractor may apply for a master agreement under this Section 6.69 by providing DPH with a statement of its experience and qualifications and other information as requested by DPH. Within 60 days of receiving such information, DPH shall advise the applicant of its eligibility for an award of a master agreement. (b) Contract Terms. Master agreements awarded under this Section 6.69 shall conform to the requirements of Section 6.22 and shall conform to Administrative Code Chapter 14B, as applicable. 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 DPH may assign work on a task order basis, "if-and-as-needed, " through competition among master agreement Contractors. (c) Task Order Competitive Solicitation. To assign work under master agreement Contracts, DPH 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). (d) Task Order Award. The Director of DPH 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 DPH is unable to obtain three Quotations, the Director of DPH shall base the award on the Quotation or Quotations received. If the Director of DPH believes that the public interest would best be served, by accepting other than the lowest Quotation, he or she is hereby authorized to accept the Quotation that in his or her discretion will best serve the public interest. (e) 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. The Director of DPH may issue or modify a task order to exceed the foregoing imitation only upon the Director's written determination establishing the urgency of the work and the justification for proceeding under this Section 6.69, rather than through San Francisco of Public Works, in conformance with Section 6.2. (Added by Ord. 224-08, File No. 081084, App. 10/15/2008; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)

For Public Works or Improvements necessary to maintain or repair facilities and real property under the jurisdiction of the Real Estate Division ("RED"), RED may award master agreement Contracts for services under Section 6.65, or may award master agreement Contracts for work to be performed on an "if-and-as-needed" basis, to qualified construction Contractors in conformance with the following procedures: (a) Contract Award. The Director of RED 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 RED Director. A Contractor may apply for a master agreement under this Section 6.70 by providing RED with a statement of its experience and qualifications and other information as requested by RED. Within 60 days of receiving such information, RED shall advise the applicant of its eligibility for an award of a master agreement. (b) Contract Terms. Master agreements awarded under this Section 6.70 shall conform to the requirements of Section 6.22 and shall conform to Administrative Code Chapter 14B, as applicable. 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 RED may assign work on a task order basis, "if-and-as-needed," through competition among master agreement Contractors. (c) Task Order Competitive Solicitation. To assign work under master agreement Contracts, RED 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). (d) Task Order Award. The Director of RED 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 RED is unable to obtain three Quotations, the Director of RED shall base the Award on the Quotation or Quotations received. If the Director of RED believes that the public interest would best be served by accepting other than the lowest Quotation, he or she is hereby authorized to accept the Quotation that in his or her discretion will best serve the public interest. (e) Task Order Terms. No task order or multiple task orders for any single Public Work, whether in one phase or multiple phases, and whether under this Section 6.70 or for services under Section 6.65, shall cumulatively exceed the Threshold Amount, including all modifications. The Director of RED may issue or modify a task order to exceed the foregoing limitation only upon the Director's written determination establishing the urgency of the work and the justification for proceeding under this Section 6.70, rather than through San Francisco Public Works, in conformance with Section 6.2. (Added by Ord. 309-08, File No. 081286, App. 12/16/2008; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)

(a) The Port is authorized to use the Port's Maintenance Division employees and equipment to perform demolition, repair and replacement work on piers under the jurisdiction of the Port Commission, including pile-supported pier structures, substructures, aprons, wharves, decks, fenders and associated utilities. The competitive Bid requirements of Sections 6.20(a) and 6.23(b) shall not apply to the Port's self-performance of such pier demolition, repair and replacement work.

(b) All actions previously taken by the Port consistent with this section are hereby approved. (c) Nothing in this Section 6.71 shall prohibit the Port from using the procedures described elsewhere in this Chapter 6 for the performance of pier demolition, repair and replacement work. (Added by Ord. 124-12 , File No. 120560, App. 6/29/2012, Eff. 7/29/2012; amended by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)

The Director of Transportation is authorized to issue requests for proposals for rail grinding and related services. Proposals will be evaluated based upon qualifications, cost, and any other criteria stated in the request for proposals. The Director of Transportation may negotiate with the highest-ranking proposers and seek best and final offers after negotiation to determine which proposer will provide the best value to the City. Contracts awarded under this Section 6.72 are subject to the award requirements of Section 6.3 and shall conform to the requirements of Section 6.22. (Added by Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015)

Notwithstanding any other provision of this Code, a department may contract for works or services governed by this Chapter 6 other than through open and full competition (“Sole Source”), subject to the requirements of this provision. None of the requirements of applicable provisions of the Municipal Code, including but not limited to requirements of Chapter 14B of the Administrative Code or Articles 131 and 132 of the Labor and Employment Code, are waived for Sole Source Contracts. (a) Approval. For departments under the jurisdiction of a commission or a board, the Department Head shall recommend to the commission or board concerned the approval and award of a Sole Source Contract and such commission or board may then adopt a resolution approving the justification of the Sole Source and awarding the Contract. For departments with no commission or board, the Department Head, with the approval of the Mayor, may award a Sole Source Contract. The Department Head's recommendation must provide specific and comprehensive information, as provided under Section 6.73(d) below, justifying the necessity of a Sole Source Contract. (b) When Prohibited. Sole Source contracting shall not be justified on the basis of: (1) a lack of advance planning by the department, or (2) expediency or convenience of the department. (c) When Allowable. Before a department begins negotiations for a Sole Source Contract, the Department Head shall make a written justification that a Sole Source procurement is necessary or appropriate based on one or more of the following circumstances: (1) Work or services are available from only one source as justified by the results of a solicitation or advertisement designed to attract as many potential sources qualified to compete on the procurement as appropriate, whether through a Request for Interest, Request for Qualifications or other form of advertisement or solicitation; (2) Documented rights in or singular ownership of data, intellectual property, processes, systems, or similar circumstances make the work or services, or maintenance of such work or services, available from only one source; (3) Work or services deemed to be available only from the original source in the case of a follow-on Contract for the continued work or services, when it is likely that award to any other source would result in: (A) substantial duplication of cost to the City that is not expected to be recovered through competition; (B) unacceptable delays in fulfilling the City's requirements; or (C) loss of warranty protection; (4) Work or services required by statute or government regulation to be from a specific public entity or accrediting agency. For purposes of this Section 6.73, an accrediting agency is defined as a government-controlled or privately supported agency authorized to certify compliance with statutes or government regulations required for Public Works or Improvements; or (5) Work or services needed on an expedited basis in order to use State or Federal funding made available to the department that otherwise will expire, where the need for expediency is not caused by action or inaction of the City. (d) Justification Requirements. The Department Head's written justification for a Sole Source procurement shall be valid for no more than two years, prior to award of a Contract. Departments must assess the validity of the determination as often as is appropriate. The determination shall remain valid during the term of an executed Sole Source Contract. At a minimum, the written justification of the Department Head described in Section 6.73(c) shall address the following: (1) The work or services required to meet the department's needs, including the estimated value; (2) The proposed Contractor's unique qualifications to perform the work or services or why the nature of the work or services requires use of the procurement through a Sole Source; (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; (4) The solicitation issued to determine that the procurement is justified as a Sole Source pursuant to Section 6.73(c)(1) or a statement as to why issuing a solicitation or advertisement is impracticable, along with the results of any market research conducted; (5) When Section 6.73(c)(3) is cited for follow-on work or services, the department shall prepare an explanation justifying why use of a competitive process would not be in the public's best interests, including: (A) a detailed estimate of the costs to the City that would be duplicated; (B) an estimate of the delay that would occur; and/or (C) loss of warranty protection that would result. (e) Exceptions. (1) The designation of particular materials, products, things or services in specifications for Contracts for Public Works or Improvements shall be subject to the provisions of California Public Contract Code Section 3400, as amended from time to time. (2) In Contracts that involve the use of any funds furnished, given or loaned by the Government of the United States or the State of California, all laws, rules and regulations of the Government of the United States or the State of California or of any of its departments relative to the performance of such work and the conditions under which the work is to be performed, shall prevail over the requirements of this Section 6.73 when such laws, rules or regulations are in conflict. (Added by 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)

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 Articles 131 and 132. Departments shall apply applicable Administrative Code Chapter 14B Discounts as provided in Section 14B.7. (Added by Ord. 94-16 , File No. 160225, App. 6/3/2016, Eff. 7/3/2016)

MAINTENANCE, CONSERVATION, REMOVAL, AND/OR INSTALLATION OF ART WORK. 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 Cultur

0,000. 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 131 and 132, 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 Article 131, 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. (Added by Ord. 61-19, File No. 190047, App. 4/4/2019, Eff. 5/5/2019, Retro. 3/1/2019; amended by Ord. 38-24, File No. 231129, App. 3/7/2024, Eff. 4/7/2024)

(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 Division II, 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.