Section 20119.2 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.
20119.2
. (a) This article provides for a pilot program for the Los
Angeles Unified School District to use best value procurement for
projects over one million dollars ($1,000,000).
(b) The governing board, for projects over one million dollars
($1,000,000), before December 31, 2020, may use the best value
procurement method in accordance with this article.
(c) The bidder may be selected on the basis of the best value to
the governing board of the school district. In order to implement
this method of selection, the governing board of the school district
shall adopt and publish procedures and required guidelines for
evaluating the qualifications of the bidders that ensure the best
value selections by the school district are conducted in a fair and
impartial manner. These procedures and guidelines shall conform to
this article and shall be mandatory for the school district when
using best value selection.
(d) If the governing board of the school district deems it to be
for the best interest of the school district, the governing board of
the school district, on the refusal or failure of the selected bidder
for a project to execute a tendered contract, may award it to the
bidder with the second lowest best value score. If the second bidder
fails or refuses to execute the contract, the governing board of the
school district may likewise award it to the bidder with the third
lowest best value score.
(e) The governing board of the school district shall let any
contract for a project pursuant to this article to the selected
bidder that represents the best value or else reject all bids.
(f) (1) If the school district elects to award a project pursuant
to this section, retention proceeds withheld by the district from the
selected best value contractor shall not exceed 5 percent if a
performance and payment bond, issued by an admitted surety insurer,
is required in the solicitation of bids.
(2) In a contract between the selected best value contractor and a
subcontractor, and in a contract between a subcontractor and any
subcontractor thereunder, the percentage of the retention proceeds
withheld shall not exceed the percentage specified in the contract
between the district and the selected best value contractor. If the
selected best value contractor provides written notice to a
subcontractor that, prior to or at the time the bid is requested, a
bond may be required and the subcontractor subsequently is unable or
refuses to furnish a bond to the selected best value contractor, then
the selected best value contractor may withhold retention proceeds
in excess of the percentage specified in the contract between the
district and the selected best value contractor from any payment made
by the selected best value contractor to the subcontractor.
(g) All subcontractors bidding on contracts pursuant to this
chapter shall be afforded the protection contained in Chapter 4
(commencing with Section 4100) of Part 1.