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Committee advances ordinance tightening rules for prequalified contractor pools after Controller27s report

Government Audit & Oversight Committee, San Francisco County · October 1, 2020
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Summary

An ordinance to require notification and documentation when selecting vendors from RFQ-prequalified pools and to require further competitive solicitations above the controller27s minimum competitive amounts was advanced; OCA and the controller27s findings about former DPW contracting abuse informed the proposal.

The Government Audit & Oversight Committee on Oct. 1 advanced an ordinance that would tighten selection rules for prequalified contractor pools and require departments to document reasons for selecting vendors for as-needed and RFQ-based procurements.

Sponsor Supervisor Stephanie framed the proposal as a response to the Controller27s public integrity review into Department of Public Works contracting practices. The ordinance would require departments to notify all vendors on a prequalified list when funding is available, document how a selected vendor meets departmental needs and why any noncompetitive selection is justified, and, when contracts exceed the minimum competitive amount, require a further competitive solicitation.

Salil Jake Corella, acting director of the Office of Contract Administration (OCA), explained that Chapter 21 currently allows contractors in an RFQ pool to receive awards without additional competitive solicitation. OCA27s proposed change would make RFQ pools subject to the same formal competitive solicitation threshold used in other procurement vehicles. Corella noted the minimum competitive amounts used by the city: $129,000 for commodities and professional services and $706,000 for general services.

The council discussed safeguards against departments using internal ranking to circumvent formal solicitations; OCA said formal solicitations above the threshold require published evaluation criteria, panels of subject-matter experts, and compliance with solicitation rules.

The committee voted to accept Supervisor Stephanie27s amendments and to continue the item to the call of the Chair (recorded votes: Peskin Aye, Haney Aye, Marr Aye). Supervisor Haney asked to be added as a co-sponsor.

The ordinance responds directly to Controller findings that the former Public Works director used prequalified and other contracting vehicles to issue repeated awards without adequate documentation or oversight. The Controller27s earlier report noted more than 150 contracts totaling over $250 million in the period reviewed; the ordinance aims to close the procedural loopholes that allowed that activity.