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File #: 22-1930    Version: 1 Name: 12/19/22 Chapter 14 Ordinance Revisions (Best Value)
Type: Ordinance Status: Passed
File created: 12/19/2022 In control: City Council
On agenda: 1/9/2023 Final action: 1/9/2023
Enactment date: 1/9/2023 Enactment #: ORD-22-18
Title: An Ordinance to Amend Chapter 14 (Purchasing, Selling and Contracting Procedure) of Title I of the Code of the City of Ann Arbor related to the Best Value Procurement Program (ORD-22-18)
Attachments: 1. ORD-22-18 Briefed and Approved.pdf, 2. ORD-22-18 Briefed.pdf, 3. Chapter_14___PURCHASING__CONTRACTING_AND_SELLING_PROCEDURE redline.pdf, 4. 221206_BestValueOrdinanceMemo.pdf, 5. ORD-22-18 Approval Notice.pdf, 6. WLN clipping ORD-22-18 Purchasing - Public Hearing Notice.pdf
Title
An Ordinance to Amend Chapter 14 (Purchasing, Selling and Contracting Procedure) of Title I of the Code of the City of Ann Arbor related to the Best Value Procurement Program (ORD-22-18)
Memorandum
Approximately one year ago City Council adopted ordinance ORD-21-14, the Best Value Procurement Ordinance, directing the City Administrator to adopt a best value model for the award of certain contracts consistent with voter approval of the amendment to City Charter Section 14.3. Since that time, city staff have worked with the ordinance and made a series of recommendations for amendment to the original framework intended to streamline and strengthen the program based on Council's original intent. The amendment is attached with annotated notes indicating each amended section. The major revisions include the following:
* Amendments to how the bid protest process works, requiring specific timeliness of a protest and clarifying that protests can only be filed by actual bidders.
* Improved criteria for evaluating the safety record and preparedness of bidders.
* Updates to the workforce development section of the framework, requiring that the city evaluate bidders based on the extent to which they rely on 1099 labor and clarifying that the city should rely on the US Department of Labor for establishing and enforcing the ratios of journeypersons and apprentices.
* An exemption of the best value framework for construction contracts under $50,000 and added authority for the City Administrator to exempt a contract from the best value framework in instances where grant agreements, third party funders, or cooperative projects with other government agencies won't allow it.
Staff worked closely with Councilmembers Eyer and Councilmember Radina to finalize these amendments and bring them forward to City Council.
Staff
Prepared by: John Fournier, Deputy City Administrator
Reviewed by: Tim Wilhelm, Deputy City Attorney
Marti Praschan, Chief Financial Office
Approv...

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