Competitive Process for Consultant Contracts Requiring SLBE and ELBE Program Participation
San Diego Municipal Code § 22.3616
in effect§22.3616 Competitive Process for Consultant Contracts Requiring SLBE and ELBE Program Participation
(a) The City Manager shall, on a project-by-project basis, include a mandatory subcontractor participation requirement for SLBEs and/or ELBEs for consultant contracts valued at more than $500,000. Proposals that do not reach the mandatory subcontractor participation requirement as defined by the City Manager, or demonstrate good faith efforts to do so, will be deemed nonresponsive and ineligible for award. SLBE and/or ELBE prime consultants will be deemed to have met the subcontractor participation requirement if the SLBE and/or ELBE prime contractor self-performs at least 51 percent of the consultant contract.
(b) The value of a consultant contract for purposes of these requirements shall be determined by the City Manager’s estimate of the costs of professional services prior to commencing consultant selection so that proper procedures may be used to advertise, bid, and award the contract.
(c) Consultant contracts valued at more than $25,000 but less than or equal to $250,000, shall be awarded through a competitive process open only to businesses listed on the ELBE eligibility list. If there are no businesses on the ELBE eligibility list that have the requisite experience for the contract, the competitive process will also be open to SLBEs. If there are one or less businesses on the SLBE and/or ELBE eligibility lists that have the requisite experience for the contract, the competitive process will also be open to all proposers.
(d) Consultant contracts valued at more than $250,000 but less than or equal to $500,000 shall be awarded through a competitive process open only to businesses listed on the SLBE and/or ELBE eligibility lists. If there are one or less businesses on the SLBE and/or ELBE eligibility lists that have the requisite experience for the contract, the competitive process will also be open to all proposers subject to Section 22.3207 of Division 32 of this Article.
(e) The fact that one or more of the proposals received exceeds the estimate set by the City Manager for required SLBE and/or ELBE participation does not render the procedures or award of a consultant contract invalid. However, if all proposals exceed the amount, the City Manager must reject the proposals and may re-determine the value of the consultant contract.
(“Competitive Process for Consultant Contracts Requiring SLBE and ELBE Program Participation” added 8-10-2022 by O-21516 N.S.; effective 9-9-2022. Former Section 22.3616 “Reduction in Subcontracts” renumbered to Section 22.3615.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art02Division36.pdf#page=11Fetched: 10/28/2026