§ 28-208. Contracts for construction, reconstruction and remodeling—Defined selection pool contracts—Compliance with defined selection pool requirements.

(a)

The bid or competitive selection process specifications for each defined selection pool construction contract shall require that all bidders or proposers seeking to contract with the city or a private owner on such project shall address the project defined selection pool requirements through one (1) or both of the following subsections:

(1)

The value of the commercially useful function to be self-performed by the SBE or EBE bidder or proposer shall count to the extent provided in section 28-212 toward satisfaction of the SBE or EBE defined selection pool performance requirements; or

(2)

If the bidder or proposer submits a joint venture agreement that includes one (1) or more SBEs or EBEs, the value of the commercially useful function to be performed by the SBE or EBE in the joint venture shall count to the extent provided in section 28-212 toward satisfaction of the SBE or EBE defined selection pool requirements. The joint venture is subject to the review and approval by the director and the joint venture agreement shall be provided to the director within a time period before the date of bid opening or the date of final project-specific proposal in the case of a competitive selection process defined by the director. Joint venturer participation will count toward the satisfaction of the SBE or EBE defined selection pool requirements upon confirmation by the director of the utilization in the joint venture of joint management and full integration of work forces by the joint venturers.

(b)

Notwithstanding any other provision of this article VII, if a department head finds, with respect to a particular contract, that the best interests of the city would be served by the negotiation of a contract, including but not limited to a design-build or construction management/general contractor contract, through a competitive selection process based wholly on quality, without reference to selection by low bid of the contractor or its subcontractors or suppliers, the analysis of the SBE or EBE defined selection pool requirements by such contractor shall be determined on the basis set out in sections 28-214 through 28-218, provided that, in the event of such an analysis, all references in those sections to consultant shall also be deemed to refer to contractor.

(Ord. No. 85-14, § 3, 2-18-14)