81703
. Design-build projects shall progress as follows:
(a) (1) The community college district governing board shall
prepare a request for proposal setting forth the scope of the project
that may include, but is not limited to, the size, type, and desired
design character of the buildings and site, performance
specifications covering the quality of materials, equipment, and
workmanship, preliminary plans or building layouts, or any other
information deemed necessary to describe adequately the community
college district's needs. The performance specifications and any
plans shall be prepared by a design professional duly licensed or
registered in this state to perform the services required by the
Field Act, as defined in Section 17281. The request for proposal
shall not include a design-build-operate contract for educational
facilities pursuant to this chapter.
(2) Each request for proposal shall do all of the following:
(A) Identify the basic scope and needs of the project or contract,
the expected cost range, and other information deemed necessary by
the community college district to inform interested parties of the
contracting opportunity.
(B) Invite interested parties to submit competitive sealed
proposals in the manner prescribed by the community college district.
(C) Include a section identifying and describing the following:
(i) All significant factors and subfactors that the community
college district reasonably expects to consider in evaluating
proposals, including cost or price and all nonprice related factors
and subfactors.
(ii) The methodology and rating or weighting scheme that will be
used by the community college district governing board in evaluating
competitive proposals and specifically whether proposals will be
rated according to numeric or qualitative values.
(iii) The relative importance or weight assigned to each of the
factors identified in the request for proposal.
(iv) As an alternative to clause (iii), the governing board of a
community college district shall specifically disclose whether all
evaluation factors other than cost or price, when combined, are any
of the following:
(I) Significantly more important than cost or price.
(II) Approximately equal in importance to cost or price.
(III) Significantly less important than cost or price.
(v) If the community college district governing board wishes to
reserve the right to hold discussions or negotiations with responsive
bidders, it shall so specify in the request for proposal and shall
publish separately or incorporate into the request for proposal
applicable rules and procedures to be observed by the community
college district to ensure that any discussions or negotiations are
conducted in a fair and impartial manner.
(3) Notwithstanding Section 4-315 of Title 24 of the California
Code of Regulations, an architect or structural engineer who is party
to a design-build entity may perform the services set forth in
Section 81138.
(b) The community college district shall establish a procedure to
prequalify design-build entities using a standard questionnaire
developed by the Director of the Department of Industrial Relations
pursuant to subdivision (b) of Section 17250.25.
(c) The community college district shall establish a procedure for
final selection of the design-build entity. Selection shall be based
on either of the following criteria:
(1) A competitive bidding process resulting in lump-sum bids by
the prequalified design-build entities. Award shall be made on the
basis of the lowest responsible bid.
(2) Notwithstanding any other provision of this code or of Section
20650 of the Public Contract Code, a community college district may
use a design-build competition based upon performance and other
criteria set forth by the governing board of the community college
district in the solicitation of proposals. Criteria used in this
evaluation of proposals may include, but need not be limited to, the
proposed design approach, life cycle costs, project features, and
project functions. However, competitive proposals shall be evaluated
by using the criteria and source selection procedures specifically
identified in the request for proposal. Once the evaluation is
complete, all responsive bidders shall be ranked from the most
advantageous to least advantageous to the community college district.
A community college district that limits the number of responsible
bidders participating in the design-build competition, at any time
after a request for a proposal has been issued, shall use the source
selection procedures and minimum factors set forth in subparagraph
(C).
(A) An architectural firm, engineering firm, construction manager,
contractor, subcontractor, consultant, or individual retained by the
governing board of the community college district directly or
indirectly before the award of the project to assist in the planning
of the project, including, but not necessarily limited to, the
development criteria or preparation of the request for proposal,
shall not be eligible to participate in the competition with the
design-build entity or to perform work on the project as a
subcontractor.
(B) The award of the contract shall be made to the responsible
bidder whose proposal is determined, in writing by the community
college district, to be the best value to the community college
district.
(C) Proposals shall be evaluated and scored solely on the basis of
the factors and source selection procedures identified in the
request for proposal. However, the following minimum factors shall
each represent at least 10 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.
(D) The community college district governing board shall issue a
written decision supporting its contract award and stating in detail
the basis of the award. The decision and the contract file must be
sufficient to satisfy an external audit.
(E) Notwithstanding any provision of the Public Contract Code,
upon issuance of a contract award, the community college district
governing board shall publicly announce its awards identifying the
contractor to whom the award is made, the winning contractor's price
proposal and its overall combined rating on the request for proposal
evaluation factors. The notice of award shall also include the agency'
s ranking in relation to all other responsive bidders and their
respective price proposals and a summary of the community college
district's rationale for the contract award.
(F) For purposes of this chapter, "skilled labor force
availability" means that an agreement exists with a registered
apprenticeship program, approved by the California Apprenticeship
Council, which has graduated apprentices in each of the immediately
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 apprenticable craft in the five years
before enactment of the act adding this section.
(G) For purposes of this chapter, a bidder's "safety record" shall
be deemed "acceptable" if its 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 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.
(H) For purposes of this chapter, when a community college
district determines a design-build entity's "experience," the
community college district shall give credit only to design-build
experience and to California school design and construction
experience.