Section 20119.1 Of Article 3.3. Los Angeles Unified School District — Best Value Procurement From California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 3.3.
20119.1
. As used in this article:
(a) "Apprenticeable occupation" means an occupation for which the
Chief of the Division of Apprenticeship Standards had approved an
apprenticeship program pursuant to Section 3075 of the Labor Code
prior to January 1, 2015.
(b) "Best value" means a procurement process whereby the selected
bidder may be selected on the basis of objective criteria for
evaluating the qualifications of bidders with the resulting selection
representing the best combination of price and qualifications.
(c) "Best value contract" means a competitively bid contract
entered into pursuant to this article.
(d) "Best value contractor" means a properly licensed person,
firm, or corporation that submits a bid for and is awarded a best
value contract.
(e) "Best value score" means the resulting score when the school
district divides the bidder's price by the bidder's qualification
score.
(f) "Demonstrated management competency" means the experience,
competency, capability, and capacity of the proposed management
staffing to complete projects of similar size, scope, or complexity.
(g) "Financial condition" means the financial resources needed to
perform the contract. The criteria used to evaluate a bidder's
financial condition shall include, at a minimum, capacity to obtain
all required payment bonds and required insurance.
(h) "Governing board" or "governing board of the school district"
means the governing board of the Los Angeles Unified School District.
(i) "Labor compliance" means the ability to comply with, and past
conformance with, contract and statutory requirements for the payment
of wages and qualifications of the workforce. The criteria used to
evaluate a bidder's labor compliance shall include, at a minimum, the
bidder's ability to comply with the apprenticeship requirements of
the California Apprenticeship Council and the Department of
Industrial Relations, its past conformance with such requirements,
and its past conformance with requirements to pay prevailing wages on
public works projects.
(j) "Project" has the same meaning as "public project" as defined
in subdivision (c) of Section 22002.
(k) "Qualifications" means financial condition, relevant
experience, demonstrated management competency, labor compliance, the
safety record of the bidder, and, to the extent relevant, the
preceding qualifications as they pertain to all subcontractors
proposed to be used by the bidder for designated portions of the
work.
(l) "Relevant experience" means the experience, competency,
capability, and capacity to complete projects of similar size, scope,
or complexity.
(m) "Safety record" shall be deemed "acceptable" if a contractor's
experience modification rate for the most recent three-year period
is an average of 1.00 or less, and its average total recordable
injury or illness rate and average lost work rate for the most recent
three-year period do not exceed the applicable statistical standards
for its business category or if the bidder is a party to an
alternative dispute resolution system as provided for in Section
3201.5 of the Labor Code.
(n) "School district" means the Los Angeles Unified School
District.
(o) "Skilled and trained workforce" means a workforce that meets
all of the following conditions:
(1) All the workers are either skilled journeypersons or
apprentices registered in an apprenticeship program approved by the
Chief of the Division of Apprenticeship Standards.
(2) (A) As of January 1, 2016, at least 20 percent of the skilled
journeypersons employed to perform work on the contract or project by
the entity and each of its subcontractors at every tier are
graduates of an apprenticeship program for the applicable occupation
that was either approved by the Chief of the Division of
Apprenticeship Standards pursuant to Section 3075 of the Labor Code
or located outside California and approved for federal purposes
pursuant to the apprenticeship regulations adopted by the United
States Secretary of Labor.
(B) As of January 1, 2017, at least 30 percent of the skilled
journeypersons employed to perform work on the contract or project by
the entity and each of its subcontractors at every tier are
graduates of an apprenticeship program for the applicable occupation
that was either approved by the Chief of the Division of
Apprenticeship Standards pursuant to Section 3075 of the Labor Code
or located outside California and approved for federal purposes
pursuant to the apprenticeship regulations adopted by the United
States Secretary of Labor.
(C) As of January 1, 2018, at least 40 percent of the skilled
journeypersons employed to perform work on the contract or project by
the entity and each of its subcontractors at every tier are
graduates of an apprenticeship program for the applicable occupation
that was either approved by the Chief of the Division of
Apprenticeship Standards pursuant to Section 3075 of the Labor Code
or located outside California and approved for federal purposes
pursuant to the apprenticeship regulations adopted by the United
States Secretary of Labor.
(D) As of January 1, 2019, at least 50 percent of the skilled
journeypersons employed to perform work on the contract or project by
the entity and each of its subcontractors at every tier are
graduates of an apprenticeship program for the applicable occupation
that was either approved by the Chief of the Division of
Apprenticeship Standards pursuant to Section 3075 of the Labor Code
or located outside California and approved for federal purposes
pursuant to the apprenticeship regulations adopted by the United
States Secretary of Labor.
(E) As of January 1, 2020, at least 60 percent of the skilled
journeypersons employed to perform work on the contract or project by
the entity and each of its subcontractors at every tier are
graduates of an apprenticeship program for the applicable occupation
that was either approved by the Chief of the Division of
Apprenticeship Standards pursuant to Section 3075 of the Labor Code
or located outside California and approved for federal purposes
pursuant to the apprenticeship regulations adopted by the United
States Secretary of Labor.
(3) For an apprenticeable occupation in which no apprenticeship
program had been approved by the chief prior to January 1, 1995, up
to one-half of the graduation percentage requirements of paragraph
(2) may be satisfied by skilled journeypersons who commenced working
in the apprenticeable occupation prior to the chief's approval of an
apprenticeship program for that occupation in the county in which the
project is located.
(p) "Skilled journeyperson" means a worker who either:
(1) Graduated from an apprenticeship program for the applicable
occupation that was approved by the chief or located outside
California and approved for federal purposes pursuant to the
apprenticeship regulations adopted by the federal Secretary of Labor.
(2) Has at least as many hours of on-the-job experience in the
applicable occupation as would be required to graduate from an
apprenticeship program for the applicable occupation that is approved
by the chief.