LBE Advisory Committee s Recommendations on Proposed 14B Legislative Changes Final Vote taken 10/23/2014

Transcription

1 LBE Advisory Committee s Recommendations on Proposed 14B Legislative Changes Final Vote taken 10/23/2014 Proposed legislative change: Subcommittee s recommendation & vote: LBEAC s Final Vote and Recommendations B.7(F) Allow joint venture partners to be in different industries as long as both partners are acting in the capacity as a Prime contractor and as such the JV will be entitled to the rating bonus. Allow joint venture partners to be in different industries as long as both partners are acting in the capacity as a Prime contractor and as such the JV will be entitled to the rating bonus. Moved by ; Seconded by Kieron Sinnette. Matthew Ajiake Elaine Forbes Disagree: Juliana Choy-Sommer Sandra Crumpler Disagree with proposed legislative change unless the language delineates the disciplines that may be joint-ventured. Moved by ; Seconded by Elaine Forbes. Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Ruben Santana Abstain: Page 1

2 Proposed legislation change: 2 14.B.3(B); 14.B.3(C) Increase the Construction threshold, keep Professional Services at the current threshold. Subcommittee s recommendation & vote: Agree with proposed legislative change but with amendment. Accept the Controller s recommendation of a 17.1% increase across all categories and review the threshold every 3 years. Moved by ; Seconded by Kieron Sinnette. Robert Lo Disagree: Juliana Choy-Sommer LBEAC s recommendation & vote: Agree with proposed legislative change but with amendment. Accept the Controller s recommendation of a 17.1% increase across all categories and review the threshold every 3 years. Moved by Sandra Crumpler; Seconded by Darolyn Davis. Unanimously Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Ruben Santana 3 14.B.3(A)(5) Remove the rebuttable presumption provision concerning San Francisco payroll taxes from the criteria needed to establish a principal place of business in San Remove the rebuttable presumption provision concerning San Francisco payroll taxes from the criteria needed to establish a principal place of business in San Francisco. Moved by ; Seconded by Wayne Remove the rebuttable presumption provision concerning San Francisco payroll taxes from the criteria needed to establish a principal place of business in San Francisco. Moved by Elaine Forbes; Seconded by Stacey Page 2

3 Francisco. 4 14B.2 (Definition of PUC Regional Projects) 14B.5 (C),(D) Extend PUC-LBE certification to professional and general services firms. Perry. Unanimously Juliana Choy-Sommer Robert Lo The LBEAC Subcommittee voted to defer this topic to the October 23, 2014 LBEAC Special Meeting for further information/clarification - Extend PUC-LBE certification to professional and general services firms. Question(s) regarding whether the expansion of professional and general services firms to PUC Regional Projects will apply to all 3 definition types of PUC Regional Projects (listed below) OR will it be limited to cost shared projects (see definition #2 below) "PUC Regional Projects" means (1) projects to be performed outside of the jurisdictional boundaries of San Francisco that are identified as regional projects and included in the formally approved Capital Improvement Program of the San Francisco Public Utilities Camillo. Unanimously Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Ruben Santana Agree with proposed legislative change but with amendment. Extend PUC-LBE certification to professional and general services firms but only apply to PUC s costshared contracts. Moved by Virginia Harmon; Seconded by Sandra Crumpler. Unanimously Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Page 3

4 Commission's ("SFPUC") approximately $4.6 billion project to seismically reinforce and otherwise enhance the Hetch Hetchy water supply system, also known as the Water System Improvement Program ("WSIP"), as it may be amended from time to time; (2) projects to be performed exclusively outside of the jurisdictional boundaries of San Francisco for which some or all of the cost will be shared by members of the Bay Area Water Supply and Conservation Agency ("BAWSCA"); or (3) projects under contracts with the SFPUC to be performed exclusively 70 miles or more beyond the jurisdictional boundaries of San Francisco. "PUC Regional Projects" shall include, but are not limited to, Repair and Replacement work ("R&R") to be performed in association with a regional Capital Improvement Program or other BAWSCA cost sharing project, or to be performed exclusively 70 miles or more beyond the jurisdictional boundaries of San Francisco. Moved by ; Seconded by Darolyn Davis. Unanimously Ruben Santana Page 4

5 Juliana Choy-Sommer Robert Lo 5 14B.7 Increase the bid discount/rating bonus allowed to SBA-LBEs from 2% to 5% on contracts between $10,000 and $10 million so long as no micro or small-lbe is affected. (Currently SBA-LBE discount kicks in at $400,000) Increase the bid discount/rating bonus allowed to SBA-LBEs from 2% to 5% on contracts between $10,000 and $10 million so long as no micro or small-lbe is affected. Moved by ; Seconded by Stacey Camillo. Juliana Choy-Sommer Robert Lo Increase the bid discount/rating bonus allowed to SBA-LBEs from 2% to 5% on contracts between $10,000 and $10 million so long as no micro or small-lbe is affected. Moved by Alaric Degrafinried; Seconded by Elaine Forbes. Unanimously Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Ruben Santana 6 14B.7 Allow a 2% discount/rating bonus for micro or small-lbes on contracts between $10 million and $20 million. Allow a 2% discount/rating bonus for micro or small-lbes on contracts between $10 million and $20 million. Moved by ; Seconded by Stacey Camillo. Allow a 2% discount/rating bonus for micro or small- LBEs on contracts between $10 million and $20 million. Moved by ; Seconded by Stacey Camillo. Page 5

6 7A 14B.8 Where the LBE subcontracting requirement is set at less than 20%, CMD must make a finding justifying the set requirement. Page 6 Juliana Choy-Sommer Robert Lo Agree with proposed legislative change but with amendment. Where the LBE subcontracting requirement is set at less than 20%, CMD must make a finding justifying the set requirement. AND- Require at least 5% of the subcontracting goal to be met by utilizing certified Micro-LBEs. Moved by ; Seconded by Kieron Sinnette. Juliana Choy-Sommer Robert Lo Unanimously Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Ruben Santana Where the LBE subcontracting requirement is set at less than 20%, CMD must make a finding justifying the set requirement. Moved by Elaine Forbes; Seconded by Stacey Camillo. Unanimously Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Ruben Santana

7 7B 14B.8 Where the LBE subcontracting requirement is set at less than 20%, CMD must make a finding justifying the set requirement. Agree with proposed legislative change but with amendment. Where the LBE subcontracting requirement is set at less than 20%, CMD must make a finding justifying the set requirement. AND- Require at least 5% of the subcontracting goal to be met by utilizing certified Micro-LBEs. Agree with proposed legislative change but with amendment. Where the LBE subcontracting requirement is set at less than 20%, CMD must make a finding justifying the set requirement. AND- Require at least 25% of the subcontracting goal set by CMD to be met by utilizing certified Micro-LBEs. Moved by ; Seconded by Kieron Sinnette. Moved by ; Seconded by Darolyn Davis. Juliana Choy-Sommer Robert Lo Robert Lo Ruben Santana Disagree: Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Page 7

8 Proposed legislation change: Subcommittee s recommendation & vote: LBEAC s recommendation & vote: B.7 San Francisco First. Require departments to use good faith efforts to attempt to obtain at least three quotes or proposals from LBEs for public works contracts under the threshold amount (currently $400,000) and for professional, general, or commodities contracts under the minimum competitive amount (currently $100,000). Agree with proposed legislative change but with amendment. In addition to the proposed language, the department shall outreach to the entire list of LBEs for that type of work, in order to maximize participation. Moved by ; Seconded by Stacey Camillo. Abstain: Sandra Crumpler Agree with proposed legislative change but with amendment. In addition to the proposed language, the department shall outreach to the entire list of LBEs for that type of work, in order to maximize participation. Moved by, Seconded by Stacey Camillo. Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Ruben Santana Disagree: Sandra Crumpler 9 14B.16 Subcontractor Advance Program. Moved by ; Seconded by Sandra Moved by Alaric Degrafinried; Seconded by Stacey Page 8

9 Develop a LBE contractor advance payment program to fund loans to subcontractors for approved invoices on Cityfunded contracts. City Administrator to prepare an implementation plan, including feasibility study, with report to Mayor by June 1, Crumpler. Sandra Crumpler Camillo. Unanimously Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Ruben Santana Proposed legislation change: Subcommittee s recommendation & vote: LBEAC s recommendation & vote: A 14.B.10 (B)(6) Take Actions to ensure compliance with the provisions of this Chapter, including, without limitation, intervening in the selection process, or issuing guidelines for selection processes administered directly by Contract Awarding Authorities to ensure that the minimum qualification, evaluation criteria, or scoring methodologies set forth in the requests for bids, qualification or Proposals, or the selection Partially Agree and Disagree. The subcommittee recommends the following language. Take Actions to ensure compliance with the provisions of this Chapter, including, without limitation, intervening in the selection process, by modifying the criteria used for selecting selection panelists or contractors to correct any practices that hinder equal business opportunities for Small-LBEs or Micro-LBEs, and for MBEs, WBEs, and OBEs. Moreover, CMD shall make Rules for selection processes available to ensure that the minimum qualifications, evaluation criteria, or scoring methodologies set Disagree with the proposed legislative change. Keep the current language as is, which is the following: Take actions to ensure compliance with the provisions of this Ordinance, including without limitation, intervening in the selection process, by modifying the criteria used for selecting selection panelists or contractors to correct any practices that hinder equal business opportunities for LBEs or Micro-LBEs, and for MBEs, WBEs, and OBEs. Moved by ; Seconded by Darolyn Davis. Page 9

10 panel deliberations do not inadvertently disadvantage qualified Small-LBEs, Micro- LBEs, and MBEs, WBEs, and OBEs, in competing for opportunities in City contracting. forth in the requests for bids, qualifications, or Proposals, or the selection panel deliberations, do not inadvertently disadvantage LBEs. Such rules shall include but not be limited to the following: the composition of the panel, the parameters of discussions should they take place, when the panel must submit scores, in what instances the scores can be changed, etc. Moved by ; Seconded by Sandra Crumpler. Reuben Santana Julianna Choy-Sommer Sandra Crumpler Unanimously Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Ruben Santana Disagree: Alaric Degrafinried Abstain: Matthew Ajiake 10B 14.B.10 (B)(6) Take Actions to ensure compliance with the provisions of this Chapter, including, Disagree with the proposed legislative change. Keep the current language as is, which is the following: Disagree with the proposed legislative change. Keep the current language as is, which is the following: Page 10

11 Page 11 without limitation, intervening in the selection process, or issuing guidelines for selection processes administered directly by Contract Awarding Authorities to ensure that the minimum qualification, evaluation criteria, or scoring methodologies set forth in the requests for bids, qualification or Proposals, or the selection panel deliberations do not inadvertently disadvantage qualified Small-LBEs, Micro- LBEs, and MBEs, WBEs, and OBEs, in competing for opportunities in City contracting. 11 Replace the Mayor with the City Administrator as the official who resolves the matter when an awarding authority and the Director are unable to agree on whether to divide a Contract into small contracts in order to maximize the opportunities for LBEs to Take actions to ensure compliance with the provisions of this Ordinance, including without limitation, intervening in the selection process, by modifying the criteria used for selecting selection panelists or contractors to correct any practices that hinder equal business opportunities for LBEs or Micro-LBEs, and for MBEs, WBEs, and OBEs. Moved by ; Seconded by Darolyn Davis. Reuben Santana Julianna Choy-Sommer Alaric Degrafinried Matthew Ajiake Disagree: Sandra Crumpler Disagree with proposed legislative change; keep the legislation language as is. Moved by ; Seconded by Juliana Choy-Sommer. Reuben Santana Take actions to ensure compliance with the provisions of this Ordinance, including without limitation, intervening in the selection process, by modifying the criteria used for selecting selection panelists or contractors to correct any practices that hinder equal business opportunities for LBEs or Micro-LBEs, and for MBEs, WBEs, and OBEs. Moved by ; Seconded by Darolyn Davis. Unanimously Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Ruben Santana Disagree with proposed legislative change; keep the legislation language as is. [LBEAC also noted that the digest does not correctly reflect the proposed legislative change.] Moved by Sandra Crumpler; Seconded by Wayne Perry. Unanimously

12 participate. Julianna Choy-Sommer Sandra Crumpler Alaric Degrafinried Matthew Ajiake Sandra Crumpler Alaric Degrafinried Elaine Forbes Virginia Harmon Robert Lo Ruben Santana B.7 (J) Remove emergency waivers from 14B. (2) The Contract Awarding Authority certifies in writing to the Director, prior to the Controller's contract certification, that the Contract is being awarded under the emergency provisions of Administrative Code Section 6.60 or Administrative Code Section and that there is either (i) no time to apply bid discounts or establish subcontracting goals, or (ii) no immediately available LBEs that are capable of performing the emergency work; or Table for discussion the proposed change to the October 23, 2014 LBEAC Special Meeting emergency waivers would no longer be subject to CMD review. Moved by ; Seconded by Sandra Crumpler. Reuben Santana Julianna Choy-Sommer Sandra Crumpler Alaric Degrafinried Matthew Ajiake Due to time constraints, the LBEAC did not have time to address this proposed legislative change Page 12

13 In addition to the above proposed legislative changes, the four LBEAC subcommittees individually voted to proposed the following changes to the newly proposed legislation by Supervisor Chiu: Subcommittee s recommendation & vote: Allow a JV bid discount for construction joint ventures in a manner that parallels the JV rating bonus for professional service contracts, subject to the Rules and Regulations that will be implemented by the CMD Director and staff, and effective on a specific date to be determined by CMD. LBEAC s recommendation & vote: Due to time constraints, the LBEAC did not have time to address this issue that was proposed by the subcommittee Moved by Elaine Forbes; Seconded by. Unanimously Matthew Ajiake Elaine Forbes Sandra Crumpler Juliana Choy-Sommer Create a new subsection for SBA LBEs in order to increase SBA and Small/Micro LBE participation for joint venture partnerships. For contracts between $10M-$20M (or $20M-$30M if CEE s proposal to increase the bid discount to $20M is approved), - Grant a 3% bid discount/rating bonus for JVs between SBA-LBEs and Due to time constraints, the LBEAC did not have time to address this issue that was proposed by the subcommittee Page 13

14 Small/Micro LBEs. Moved by Juliana Choy-Sommer; Seconded by Elaine Forbes. Juliana Choy-Sommer Elaine Forbes Kieron Sandra Crumpler For contracts between $10M-$20M (or $20M-$30M if CEE s proposal to increase the bid discount to $20M is approved), - Grant a 2% bid discount/rating bonus for JVs between any LBE and Non-LBE. Due to time constraints, the LBEAC did not have time to address this issue that was proposed by the subcommittee Moved by ; Seconded by. Disagree: Elaine Forbes Juliana Choy-Sommer Sandra Crumpler Page 14

15 Subcommittee s recommendation & vote: The subcommittee recommends that at this time, LBEAC not move forward with Cole Hardware s recommendation to allow SF First to include non-disadvantaged and nonpublically held SF companies. LBEAC s recommendation & vote: Due to time constraints, the LBEAC did not have time to address this issue that was proposed by the subcommittee Moved by ; Seconded by Sandra Crumpler. Sandra Crumpler Subcommittee s recommendation & vote: Table for discussion at the November 6, 2014 LBEAC meeting, the issue of requiring multiple approvals when a 14B waiver is requested. Moved by Sandra Crumpler; Seconded by Miguel. LBEAC s recommendation & vote: Due to time constraints, the LBEAC did not have time to address this issue that was proposed by the subcommittee Reuben Santana Page 15

16 Julianna Choy-Sommer Sandra Crumpler Alaric Degrafinried Matthew Ajiake * LBEAC member(s) was part of subcommittee, but due to technical difficulties or previous commitments was not present during the vote. Page 16