§ 329.21. Responsibility prequalification requirements for construction contracts.

A city agency may enter into contracts on behalf of the city for construction services so long as it is in compliance with the provisions of this section. The provisions of this section are as follows:

(a)

The finance and management director or designee must propose and, upon approval by ordinance of council, shall apply a process for responsibility prequalification. The director or designee shall utilize the aforementioned process to deem an applicant prequalified not responsible, prequalified provisionally responsible, or prequalified responsible, whichever is applicable. Such process shall use a quantified point system which does all of the following:

(1)

Allocates specific maximum and minimum points for each responsibility factor listed herein, provided that one (1) or more factors may be used to screen applicants for the purpose of summarily deeming an applicant prequalified not responsible;

(2)

Establishes criteria for uniformly assigning points based on an objective evaluation of the application for each responsibility factor, such that similarly situated applicants are assigned the same point value for the same factor;

(3)

Conducts an objective evaluation of the information provided in the application and any supporting evidence that has been received by the city or adduced as a result of an investigation by the city;

(4)

Based on the aforementioned objective evaluation and based on the aforementioned criteria, assigns points to each responsibility factor considered in the application;

(5)

Provides a score for the application by totaling the points assigned to each responsibility factor; and

(6)

Establishes the minimum and maximum score ranges by which an applicant shall be deemed prequalified not responsible, prequalified provisionally responsible, or prequalified responsible based on the applicant's score.

(b)

The finance and management director or designee shall prescribe the form of the annual responsibility prequalification application and may prescribe a standardized questionnaire for objectively evaluating such application.

(c)

The finance and management director or designee shall make a determination regarding a responsibility prequalification application pursuant to this section and shall notify applicants of the determination in writing. The notification must state the reasons for the determination and inform the applicant of any available administrative review or appeal.

(d)

An applicant may appeal to the finance and management director or designee, in writing, the determination regarding the applicant's responsibility prequalification. After reasonable notice to the business entity involved and reasonable opportunity for that business entity to be heard, the finance and management director or designee shall make a determination regarding the appeal. The director of finance and management or designee shall issue a written decision and shall send a copy of the decision to the business entity involved. The decision shall state the reasons for the action taken. The decision of the finance and management director shall be final. The finance and management director or designee, in consultation with the city attorney, shall promulgate rules governing the appeals process, including deadlines for filing an appeal and for issuing a decision regarding an appeal.

(e)

After reasonable notice to the business entity involved and reasonable opportunity for that business entity to be heard, the finance and management director or designee may, for good cause shown and in consultation with the city attorney, revoke any entity's prequalification as responsible or provisionally responsible. Such revocation may not exceed three (3) years. The director of finance and management or designee shall issue a written decision and shall send a copy of the decision to the business entity involved. The decision shall state the reasons for the action taken. The decision of the finance and management director shall be final.

(f)

All potential bidders and all licensed construction trade subcontractors seeking to perform any portion of work on city construction service work must submit to the finance and management director, or designee, a full and complete application for responsibility prequalification on an annual basis, pursuant to this section. The director or designee may promulgate a renewal application for business entities currently prequalified responsible, which shall satisfy the requirements of this section.

(g)

Only potential bidders prequalified responsible or prequalified provisionally responsible by bid due date may be awarded a contract for city construction service work. Only licensed construction trade subcontractors prequalified responsible or prequalified provisionally responsible by bid due date may subcontract or perform on city construction service work. No business entity prequalified not responsible may receive or perform city construction service work.

(h)

A potential bidder or licensed construction trade subcontractor that is prequalified responsible may retain that status for twelve (12) consecutive months immediately following the date of that status determination.

(i)

A potential bidder or licensed construction trade subcontractor that is prequalified provisionally responsible may retain that status for twelve (12) consecutive months following the date of that status determination.

(j)

If a potential bidder or licensed construction trade subcontractor is deemed provisionally responsible and such bidder or subcontractor is not prequalified responsible within twelve (12) consecutive months following the date of the original status determination, they may not receive new city construction work or perform any portion of work on any new construction service project until they apply for responsibility prequalification as outlined in Section 329.21 and are determined to be prequalified responsible by the finance and management director or designee. The provisions of this subsection shall not affect eligibility to continue a current contract or subcontract for city construction work.

(k)

If a potential bidder or licensed construction trade subcontractor is deemed not responsible and such bidder or subcontractor is not prequalified responsible within twelve (12) consecutive months following the date of the original status determination, they may not receive new city construction work or perform any portion of work on any new construction service project until they apply for responsibility prequalification as outlined in Section 329.21 and are determined to be prequalified responsible by the finance and management director or designee. The provisions of this subsection shall not affect eligibility to continue a current contract or subcontract for city construction work.

(l)

The finance and management director or designee must promulgate rules regarding the following, at a minimum:

(1)

The number of times a business entity may apply for responsibility prequalification in a set period of time;

(2)

The length of time a business entity must wait prior to reapplying for responsibility prequalification after receiving a status determination;

(3)

The length of time a business entity deemed provisionally responsible must wait to reapply for responsibility prequalification if such entity fails to be prequalified responsible within twelve (12) consecutive months following the date of the original status determination;

(4)

The length of time a business entity deemed not responsible must wait to reapply for responsibility prequalification if such entity fails to be prequalified responsible within twelve (12) consecutive months following the date of the original status determination; and

(5)

If a renewal application has been promulgated by the director or designee, the number of consecutive renewal applications that may be filed before a business entity must submit a full application for responsibility prequalification.

(Ord. No. 3062-2014, § 3, 12-15-2014)