§ 28-219. Defined selection pool contracts for professional design and construction services—Responsive and nonresponsive proposals.

(a)

Responsive; compliance with requirements. The director shall notify the department head to regard the final project-specific proposal as responsive if such proposal submitted to and authorized by the city or a private owner subject to the defined selection pool requirements indicates that the SBE or EBE proposer is appropriately performing a commercially useful function on the contract or concession agreement, and is otherwise responsive to the requirements of the contract or concession agreement and this article VII.

(b)

Failure to meet requirements. The director shall notify the department head to regard the proposal as nonresponsive if such proposal subject to the defined selection pool requirements does not demonstrate performance by the SBE or EBE proposer of a commercially useful function, as set out in section 28-214, minimum utilization of SBE subconsultants and suppliers as set out in section 28-217, as applicable, or provide timely information as set out in section 28-218. Such determination that the proposal is nonresponsive shall result in no further consideration by the city or private owner of the proposal.

(c)

Commercially useful function or minimum utilization of SBE subcontractors or suppliers—Informal meeting. In the event the director finds inadequacies in a bidder or proposer's demonstration of commercially useful function under section 28-214 or minimum utilization of SBE subcontractors or suppliers under section 28-217, the director will provide written notice of such inadequacies to the bidder or proposer prior to notifying the appropriate department head of bid or proposal responsiveness. Within two (2) business days from the date that the city notifies the bidder or proposer of such inadequacies, the bidder or proposer may request an informal meeting with the director. Such informal meeting shall be scheduled by the director. All deficiencies shall be explained to the bidder or proposer at such informal meeting. Within twenty-four (24) hours after the informal meeting, the bidder or proposer shall be allowed to submit additional information or to clarify its performance of a commercially useful function. At no time, however, will the director count toward the project goal the addition of subconsultants, joint venturers, suppliers, manufacturers, manufacturer's representatives, or brokers that may later be added to the contract or to the original SBE participation submitted at either the time of the bid or the date of final project-specific proposal, in the case of a competitive selection process. After this informal meeting, the director will:

(1)

Determine whether the bid or proposal will be responsive or nonresponsive;

(2)

Make the notification as stated in subsection (b) above, as applicable; and

(3)

Provide written notice to the bidder or proposer of the director's final determination.

(Ord. No. 85-14, § 3, 2-18-14)