SEC. 6.1. DEFINITIONS.

Advertisement For Bid. An Advertisement For Bid is a set of documents which includes without limitation the published Advertisement for Bids on a construction Contract; the forms to be submitted with a Bid, as required by the contracting department and CMD; the construction Contract general and special conditions; and the plans and specifications for the Public Work or Improvement.

Award. The action taken by the City in conformance with the Administrative Code and the Charter to enter into a Contract pursuant to this Chapter 6.

(a) For Contracts in excess of the Threshold Amount, a Contract is awarded by the City when the following events have occurred:

(1) For departments under the Mayor, the Mayor has approved the Contract for Award; and the Department Head has then issued an order of Award;

(2) For departments empowered to contract for Public Works or Improvements with boards or commissions, the Department Head has recommended to the board or commission concerned a Contract for Award; and such board or commission has then adopted a resolution awarding the Contract.

(b) For Contracts less than or equal to the Threshold Amount, a Contract is awarded when the Department Head either signs the Contract or issues an order of Award, whichever occurs first. Pursuant to Charter Section 3.105, all Contract Awards are subject to certification by the Controller as to the availability of funds.

Bid. A sealed document submitted in response to an Advertisement For Bids. No Bid shall be deemed accepted by the City until such time as the Contract is awarded in accordance with this Chapter 6.

Bidder. One who submits a Bid in response to an Advertisement For Bids.

City. The City and County of San Francisco.

Construction Manager. Any individual, firm, partnership, corporation, association, joint venture or other legal entity permitted by law to furnish construction management services to the City.

Contract. For the purposes of this Chapter, a Contract is an agreement in writing between the City and any party to perform professional design services, consultant services, construction management services or construction services relative to a Public Work or Improvement. No Contract shall be deemed awarded, effective or binding on the City until such time as the requirements for Award are met, as provided in this Chapter 6.

Contract Monitoring Division (“CMD”). A division of the Office of the City Administrator to which the City Administrator has delegated responsibility to implement Administrative Code Chapter 14B.

Contractor. A party who contracts directly with the City to perform professional design services, consultant services, construction management services or construction services relevant to a Public Work or Improvement. A Contractor performing construction services may also be referred to as a "General Contractor" or a "Prime Contractor."

Core Trade Subcontractor. A subcontractor identified by the City or the Contractor that may provide key pre-construction services for a procurement under Section 6.61 or Section 6.68.

Delegated Purchasing Amount means the “Delegated Purchasing Amount” as defined in Administrative Code Section 21.02.

Department Head. The duly appointed General Manager, Director, or Executive Director of a City department authorized to perform Public Work or Improvements under Section 6.2. For purposes of this Chapter 6 only, a Department Head may designate an individual to execute on the Department Head’s behalf any document referenced in this Chapter 6, including but not limited to Contracts, change orders, modifications, service orders, task orders, approvals, progress payments, and certificates of acceptance. Such designation shall be in writing and shall identify the individual by name and title and the scope and term of the designation.

Government Entity. Has the meaning set forth in Administrative Code Section 1.25(d), as may be amended from time to time.

Integrated Furniture, Fixtures, and Equipment (“IFF&E”). Furniture, fixtures, and/or equipment that require integration that significantly affects the building design and/or the design of interior renovation of a Public Work or Improvement due to physical dimension, power connection, or data communication, and/or coordination with construction trades, including but not limited to, electrical, plumbing, mechanical, or building controls.

Mayor. The Mayor of the City and County of San Francisco or the Mayor’s designee, provided that the designee is not the Department Head of the department concerned in the particular matter that the Mayor is responsible for reviewing.

Public Work or Improvement. Any erection, construction, renovation, alteration, improvement, demolition, excavation, installation, or repair of any public building, structure, infrastructure, bridge, road, street, park, dam, tunnel, utility, or similar public facility performed by or for the City, the cost of which is to be paid wholly or partially out of moneys deposited in the Treasury of the City. A Public Work or Improvement may include IFF&E.

Quote or Quotation. A statement or proposal setting out the estimated cost for work or services submitted in response to a request for a quote from a department for work or services on a Public Work or Improvement.

Responsible or Responsibility. A Bidder [1] General Contractor, or Prime Contractor for a Public Work or Improvement, that:

(a) meets the qualifying criteria required for a particular project, including without limitation the expertise, experience, record of prior timely performance, license, resources, and bonding and insurance capability necessary to perform the work under the Contract; and

(b) at all times deals in good faith with the City and submits bids, estimates, invoices, claims, requests for equitable adjustments, requests for change orders, requests for Contract modifications, or requests of any kind seeking compensation on a City Contract only upon a good faith honest evaluation of the underlying circumstances and a good faith, honest calculation of the amount sought; and

(c) substantiates its record of safe performance on construction projects, including but not limited to consideration of federal or state Occupational Safety and Health Administration (“OSHA”) violations and work place fatalities, including OSHA citations under appeal, in accordance with regulations issued by the City Administrator.

Responsive. A Bid or proposal that complies with the requirements of the subject Advertisement For Bids or request for proposals and/or qualification without condition or qualification.

Threshold Amount. The Threshold Amount, for the purposes of this Chapter 6, is $1,170,000. Beginning on July 1, 2030, the Controller shall adjust the Threshold Amount to reflect any increase in the relevant consumer price index, as determined by the Controller, since July 1, 2025. The Controller shall perform a consumer price index adjustment of the Threshold amount every five years thereafter for the preceding five-year period. The Threshold Amount as recalculated by the Controller shall be rounded to the nearest $10,000 and shall take effect by operation of law on July 1, 2030, and on July 1 every five years thereafter.

(Added by Ord. 286-99, File No. 991645, App. 11/5/99; amended by Ord. 324-00, File No. 001919, App. 12/28/2000; Ord. 208-02, File No. 021221, App. 10/18/02; Ord. 19-10, File No. 091163, App. 2/10/2010; Ord. 96-10, File No. 100332, App. 5/13/2010; Ord. 108-15, File No. 150175, App. 7/2/2015, Eff. 8/1/2015; Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017; Ord. 113- 20, File No. 200443, App. 7/17/2020, Eff. 8/17/2020; Ord. 220-20, File No. 200949, App. 11/6/2020, Eff. 12/7/2020; Ord. 203-21, File No. 210835, App. 11/12/2021, Eff. 12/13/2021, Oper. 7/1/2022; Ord. 107-24, File No. 240301, App. 5/24/2024, Eff. 6/24/2024; Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025; Ord. 123-25, File No. 250508, App. 8/1/2025, Eff. 9/1/2025)

CODIFICATION NOTE

1. So in Ord. 113-20.