Section 20209.8 Of Article 6.8. Transit Design-build Contracts From California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 6.8.
20209.8
. Criteria used in the evaluation of proposals may include,
but need not be limited to, the proposed design approach, life-cycle
costs, project features, and project functions.
(a) Competitive proposals shall be evaluated by using only the
criteria and source selection procedures specifically identified in
the RFP. Once the evaluation is complete, all responsive bidders
shall be ranked from most advantageous to least advantageous to the
awarding agency.
(b) Any architectural or engineering firm or individual retained
by the governing body to assist in the development criteria or
preparation of the solicitation shall not be eligible to participate
in the competition with any design-build entity.
(c) The award of the contract shall be made to the responsible
bidder whose proposals are determined, in writing, to be the best
value to the awarding body.
(d) Proposals shall be evaluated and scored solely on the basis of
the factors and source selection procedures identified in the RFPs.
However, the following minimum factors shall collectively represent
at least 50 percent of the total weight or consideration given to all
criteria factors: price, technical expertise, life cycle costs over
15 years or more, skilled labor force availability, and acceptable
safety record.
(e) The contracting agency shall issue a written decision
supporting its contract award and stating in detail the basis of the
award. The decision and the contract file shall be sufficient to
satisfy an external audit.
(f) Notwithstanding any provision of the Public Contract Code,
upon issuance of a contract award, the contracting agency shall
publicly announce its award, identifying the contractor to whom the
award is made, the winning contractor's price proposal, and its
overall combined rating on the RFP evaluation factors. The notice of
award shall also include the agency's ranking of all other offerors
and their respective price proposals and a summary of the agency's
rationale for the contract award.
(g) For the purposes of this section, "skilled labor force
availability" shall be determined by the existence of an agreement
with a registered apprenticeship program, approved by the California
Apprenticeship Council, which has graduated apprentices in each of
the preceding five years. This graduation requirement shall not apply
to programs providing apprenticeship training for any craft that has
not been deemed by the Department of Labor and the Department of
Industrial Relations to be an apprenticeable craft in the five years
prior to enactment of this act.
(h) For the purposes of this section, a bidder's "safety record"
shall be deemed "acceptable" if his or her experience modification
rate for the most recent three-year period is an average of 1.0 or
less and his or her average total recordable injury/illness rate and
average lost work rate for the most recent three-year period does 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.