INTER OFFICE MEMORANDUM
TO: Allison Schwarz, FROM: Deborah Barnes, Director CIP Coordinator (DWES)
THROUGH: Shelley Darensburg, PREPARED BY: Sophany Hang, Contract Compliance Supervisor Contract Compliance Officer
SUBJECT: Henry Robinson Multi-Service DATE: January 14, 2021 HVAC Replacement
Project No. 1003448
Per your request in an availability analysis of the City’s database of local certified firms was performed. Under current council policy (see page 6 of the L/SLBE Program), the awarding authority may request an availability analysis if there is reason to believe that the availability of certified firms will not be sufficient to satisfy the 50% L/SLBE requirement.
The scope of services for the above project consists of the following:
Removal of existing HVAC at the Henry Robinson Multi-Service Center and installation of new systems per the specifications and construction plans. A minimal amount of roof patching and concrete work required.
To determine the availability of the City’s certified firms, the Contracts & Compliance Unit researched the certification database utilizing the NAICS Code-238220-Plumbing, Heating, Ventilati and Air-Conditioning Contractors.
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Review of the database indicated that there were two (2) certified firms.
The L/SLBE Program requires that there be at least three (3) certified firms listed in the industry, trade or professional that constitutes a major category of work. If at least three (3) L/SLBE firms are not certified, then the requirement is either waived, or the 50% requirement may be set from 49% to 0%.
Based on the above the L/SLBE minimum participation requirement of 50% is waived for this project.
Based on the “Rule of Three”, there must be at least three certified businesses listed in the trade or profession that constitutes a major category of work. If at least three L/SLBEs are not certified, then the requirement is either waived, or the 50% requirement may be set from 49% to 0%.
Based on the above, the L/SLBE minimum participation requirement of 50% is waived
If you have questions or need additional information, please contact Sophany Hang, Contract Compliance Officer at (510) 238-3723.
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