PROFESSIONAL, TECHNICAL, AND EXPERT POLICY DOCUMENTS MODIFICATION TO ADDRESS MINORITY, WOMEN, AND EMERGING SMALL BUSINESS SUBCONTRACTOR CONCERNS AND PUBLIC NOTICE REQUIREMENT OF CITY INTENT TO EXECUTE SOLE SOURCE PTE CONTRACTS
Binding City Policy
WHEREAS, PTE contractors may use the M/W/ESB subconsultant disclosure form in Formal Solicitations in order to achieve maximum points by indicating their intent to use certified firms; and
WHEREAS, said PTE contractors may decide to use their own workers in lieu of the identified M/W/ESB subconsultant firm(s) after the contract has been awarded; and
WHEREAS, City Code requires sole source procurements for goods and services contracts to provide for public notice of proposed sole source contracts but does not apply to PTE contracts; and
WHEREAS, Portland City Code 5.68.015 delegates responsibility to the Bureau of Purchases to establish and govern the selection and award of PTE contractors, which is accomplished primarily through the adoption of procedures in the contracting for Professional, Technical and Expert Services Manual; and
NOW, THEREFORE, BE IT RESOLVED: The City Council hereby directs the Purchasing Agent to:
- Amend the City's PTE contract to require PTE contractors to use the M/W/ESB subconsultants identified in their proposals and to seek prior approval from the Purchasing Agent if such subconsultants will not be used during contract performance;
- Amend the City's Request for Proposal (RFP) form to alert contractors of this requirement;
- Require PTE contractors to identify the percentage of M/W/ESB participation as a portion of the total project or contract amount;
- Require substitution requests be submitted to the Bureau of Purchases for any changes from proposal to contract related to M/W/ESB participation;
- Require bureaus to indicate the percentage of M/W/ESB participation either as a prime contractor or subconsultant participation in the Ordinance seeking Council approval to execute a PTE contract exceeding $100,000;
- Modify the PTE Final Payment Form to identify the total amount paid to M/W/ESB subconsultants.
- Provide public notice of the determination that the PTE services are available from only one source when the contract is greater than the informal solicitation amount and less than $100,000 by publishing a notice on the Bureau of Purchases' website.
BE IT FURTHER RESOLVED, this resolution is binding city policy.
Resolution No. 36558, adopted by City Council December 5, 2007.