Legislation Details

City Hall
1 Dr. Carlton B. Goodlett
Place
San Francisco, CA 94102-
4689 City and County of San Francisco Legislation Details File #: Version: 4 091405 Name: Local Business Enterprise and Non-Discrimination
in Contracting Ordinance Status: Type: Ordinance Passed File created: In control: 12/8/2009 Board of Supervisors On agenda: Final action: 2/10/2010 Enactment date: 20-10 Enactment #: Title: Ordinance amending the San Francisco Administrative Code by amending Sections 14B.2, 14B.3, 14B.7, 14B.8, 14B.13 and 14B.15 to (1) each fiscal year, require departments to set aside not less than 50% of public works/construction contracts worth $400,000 or less and to establish a goal to set aside not less than 25% of other contracts worth $100,000 or less for the Micro-Local Business Enterprise Set Aside Program, but the 25% goal shall become a requirement after 120 days, (2) permit departments to designate public works/construction Job Order Contracts, without limitation as to dollar value, as set aside for the Micro-Local Business Enterprise Set Aside Program in order to satisfy the department's 50% requirement, (3) require departments to report quarterly during the year 2010 and thereafter yearly to the Board of Supervisors on the contracts set aside for the Micro-Local Business Enterprise Set Aside Program, and to cooperate with HRC's requests for information to fulfill its reporting requirements, and (4) require Micro - LBEs that subcontract any portion of a set-aside contract to perform at least 25% of the contract work, (5) create a SBA-LBE category, in addition to the Small and Micro-LBE categories, that gives contractors with income set with reference to Small Business Administration limits a bid preference of 2% on contracts between $400,000 and $20 million, except that in the case of contracts $10 million and under, the 2% discount shall not apply if a Small or Micro-LBE would otherwise be the winning bidder or proposer, and (6) provide that subcontracting participation goals may be satisfied only with Small and Micro-LBEs, except that if there are insufficient Small and Micro-LBEs available, the HRC Director may set goals based on the availability of all LBEs and permit contractors to satisfy those goals with SBA-LBEs, in addition to Small and Micro LBEs, or set separate goals for Small and Micro-LBEs and SBA LBEs, (7) contractors who achieve total LBE participation on a bid or proposal in excess of 35% of their established LBE subcontracting participation goals are to be exempt from satisfying good faith outreach requirements, and (8) total LBE participation on a bid or proposal is to be calculated using only Micro and Small-LBE contractors, joint venture partners and subcontractors and subconsultants, except that SBA-LBE subcontractors and subconsultants may be counted if the Director has established subcontracting goals for them on the contract. Sponsors: David Chiu, Carmen Chu, Sophie Maxwell, Mayor, Bevan Dufty, Ross Mirkarimi Attachments: 1. Leg_Ver1, 2. Comm_Packet_121409, 3. Leg_Ver2, 4. Comm_Packet_011110, 5. Leg_Ver3, 6.
Comm_Packet_012510, 7. Leg_Ver4, 8. Board_Packet_012610, 9. Board_Packet_020210, 10.
Leg_Final

Action By Date Action Result Ver. ASSIGNED President 12/8/2009 1 REFERRED TO DEPARTMENT Clerk of the Board 12/10/2009 1 AMENDED, AN AMENDMENT OF THE
WHOLE BEARING NEW TITLE Land Use and Economic
Development Committee 12/14/2009 1 CONTINUED AS AMENDED Land Use and Economic
Development Committee 12/14/2009 2 Pass RESPONSE RECEIVED Small Business Commission 12/14/2009 1 AMENDED, AN AMENDMENT OF THE
WHOLE BEARING SAME TITLE Land Use and Economic
Development Committee 1/11/2010 2 CONTINUED AS AMENDED Land Use and Economic
Development Committee 1/11/2010 3 Pass AMENDED, AN AMENDMENT OF THE
WHOLE BEARING NEW TITLE Land Use and Economic
Development Committee 1/25/2010 3