Bill Text: CA AB1971 | 2013-2014 | Regular Session | Amended
Bill Title: Los Angeles Unified School District: best value procurement: pilot program.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2014-08-06 - Read second time. Ordered to third reading. [AB1971 Detail]
Download: California-2013-AB1971-Amended.html
BILL NUMBER: AB 1971 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2014
AMENDED IN SENATE JUNE 18, 2014
AMENDED IN ASSEMBLY MAY 14, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Bocanegra
FEBRUARY 19, 2014
An act to add and repeal Article 3.3 (commencing with Section
20119) of Chapter 1 of Part 3 of Division 2 of the Public Contract
Code, relating to best value procurement.
LEGISLATIVE COUNSEL'S DIGEST
AB 1971, as amended, Bocanegra. School districts:
Los Angeles Unified School District: best value
procurement: pilot program.
The Local Agency Public Construction Act requires the governing
board of any school district to let any contract for a public
project, as defined, involving an expenditure of $15,000 or more, to
the lowest responsible bidder that gives security as the board
requires, or else reject all bids.
This bill would establish a pilot program to authorize the Los
Angeles Unified School District and 3 other unspecified
school districts to use, before January 1, 2017, a best
value procurement method for bid evaluation and selection for public
projects that exceed $1,000,000. The bill would establish various
requirements applicable to the use of the best value procurement
method under this authorization. The bill would require a
the school district that uses the best
value procurement method to submit an interim and final
report to the Legislative Analyst, and would require the Legislative
Analyst to submit an interim and final report to the appropriate
policy and fiscal committees of the Legislature on the use of the
procurement method pursuant to the bill, in accordance with a
specified schedule. These provisions would be repealed on January 1,
2020.
This bill would make legislative findings and declarations as to
the necessity of a special statute for a limited number of
school districts of varying sizes, including, but not limited to,
the Los Angeles Unified School District.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 3.3 (commencing with Section 20119) is added to
Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to
read:
Article 3.3. School Districts--Best Value Procurement Pilot
Program
20119. (a) It is the intent of the Legislature to enable school
districts to use cost-effective options for building and modernizing
school facilities. The Legislature has recognized the merits of the
best value procurement method process in the past by authorizing its
use for projects undertaken by the University of California.
(b) The Legislature also finds and declares that school districts
using the best value procurement method require a clear understanding
of the roles and responsibilities of each participant in the best
value process. As reflected in the University of California report to
the Legislature, the benefits of a best value procurement method
include a reduction in contract delays, change orders, and claims
producing a savings in both contract costs and administration.
(c) It is the intent of the Legislature to provide an optional,
alternative procedure for bidding and building school construction
projects.
20119.1. As used in this article:
(a) "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.
(b) "Best value contract" means a competitively bid contract
entered into pursuant to the provisions of this article.
(c) "Best value contractor" means a properly licensed person,
firm, or corporation that submits a bid for, and is awarded, a best
value contract.
(d) "Demonstrated management competency" means the experience,
competency, capability, and capacity of the proposed management
staffing to complete projects of similar size, scope, or complexity.
(e) "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.
(f) "Labor compliance" means the ability to comply with, and past
performance 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.
(g) "Project" has the same meaning as "public project" as defined
in subdivision (c) of Section 22002.
(h) "Qualifications" means financial condition, relevant
experience, demonstrated management competency, labor compliance,
skilled and trained workforce, the safety record of the bidder, and
if required by the bidding document, some or all of the preceding
qualifications as they pertain to subcontractors proposed to be used
by the bidder for designated portions of the work.
(i) "Relevant experience" means the experience, competency,
capability, and capacity to complete projects of similar size, scope,
or complexity.
(j) "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 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.
(k) (1) "Skilled and trained workforce" means a workforce that
meets both of the following criteria, as applicable:
(A) All the workers are either registered apprentices or skilled
journeypersons.
(B) (i) As of January 1, 2015, at least 45 percent of the skilled
journeypersons 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
federal Secretary of Labor.
(ii) As of January 1, 2016, at least 60 percent of the skilled
journeypersons 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
federal Secretary of Labor.
(2) A school district and a contractor are not required to track
the percentage of journeypersons that are graduates of an
apprenticeship program if the governing board of the school district
has entered into a project labor agreement that will bind all
contractors and subcontractors performing work on the project.
(l) "Skilled journeyperson" means a worker who meets either of the
following criteria:
(1) The worker either graduated from an apprenticeship for the
applicable occupation that was approved by the Chief of the Division
of Apprenticeship Standards or adheres to the apprenticeship
regulations adopted by the federal Secretary of Labor.
(2) The worker has at least as many hours of on-the-job experience
in the applicable occupation that would be required to graduate from
an apprenticeship program for the applicable occupation that is
approved by the Chief of the Division of Apprenticeship Standards.
(k) (1) "School district" means the Los Angeles Unified School
District.
(2) "Governing board" or "governing board of the school district"
means the governing board of the Los Angeles Unified School District.
20119.2. (a) This article provides for a pilot program for
four school districts of different sizes the
Los Angeles Unified School District to use best value
procurement for projects over one million dollars ($1,000,000).
(b) The governing boards board,
of the following four school districts, for
projects over one million dollars ($1,000,000), before January 1,
2017, may use the best value procurement method in accordance with
this article: article.
(1) The Los Angeles Unified School District.
(2) ____.
(3) ____.
(4) ____.
(c) The governing board of any 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.
(d) 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.
(e) 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
second lowest scored bidder that represents the best value. If the
second bidder fails or refuses to execute the contract, the governing
board of the school district may likewise award it to the third
lowest scored bidder.
(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).
20119.3. The governing board of the school district shall proceed
in accordance with the following when awarding best value contracts
under this article:
(a) The school district shall prepare a solicitation for bids and
give notice pursuant to Section 20112.
(b) The school district shall establish a procedure to prequalify
bidders as required by this code. Information submitted by the bidder
as part of the evaluation process shall not be open to public
inspection to the extent that information is exempt from disclosure
under the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
(c) Each solicitation for bids shall do all of the following:
(1) Invite prequalified bidders to submit sealed bids in the
manner prescribed by this article.
(2) Include a section identifying and describing the following:
(A) Criteria that the school district will consider in evaluating
the qualifications of the bidders.
(B) The methodology and rating or weighting system that will be
used by the school district in evaluating bids.
(C) The relative importance or weight assigned to the criteria for
evaluating the qualifications of bidders identified in the request
for bids.
(d) Final evaluation of the bidders shall be done in a manner that
prevents the identity of the bidders and the cost or price
information from being revealed in evaluating the qualifications of
the bidders prior to completion of qualification scoring.
20119.4. Selection of the best value contractor shall be made as
follows:
(a) (1) The school district shall evaluate the qualifications of
the bidders based solely upon the criteria set forth in the
solicitation documents, and shall assign a qualification score to
each bid.
(2) Factors in determining a qualification score shall include,
but are not limited to, relevant experience, skilled and trained
workforce, and acceptable safety record and shall be weighted in
accordance with the following:
(A) At least 50 percent of the total weight or consideration shall
be given to the following factors: relevant experience, skilled and
trained workforce, and acceptable safety record. A factor listed
above shall make up at least 15 percent of the total weight or
consideration. Other factors may be included, in addition to relevant
experience, skilled and trained workforce, and acceptable safety
record, in determining a qualification score.
(B) No more than 50 percent of the total weight or consideration
shall be given to price. A bidder that qualifies as a certified small
business shall receive a 5-percent bid preference.
(b) To determine the best value contractor, the school district
shall divide each bidder's price by its qualifications score. A
preference of up to 5 percent shall be applied to the price of a bid
submitted by a small business, as defined by the school district,
before dividing the bidder's price by its qualification score. The
lowest resulting cost per quality point will represent the best value
bid. The award of the contract shall be made to the bidder whose bid
is determined, by the school district in writing, to be the best
value to the school district.
(c) The school district shall issue a written decision of its
contract award or else reject all bids.
(d) Upon issuance of a contract award, the school district shall
publicly announce its award identifying the project, the project
price, the best value contractor to which the award is made, as well
as the prices, qualification scores, and resulting costs per
qualification point for all responsive bidders. The contract file
shall include documentation sufficient to support the decision to
award.
20119.5. (a) (1) A school district that uses the best value
procurement method pursuant to this article shall submit to the
Legislative Analyst the following reports completed by an independent
third party:
(A) An interim report on or before July 1, 2017.
(B) A final report on or before January 1, 2019.
(2) A report shall include, but is not limited to, the following
information:
(A) A description of the projects awarded using the best value
procedures.
(B) The contract award amounts.
(C) The best value contractors awarded the projects.
(D) A description of any written protests concerning any aspect of
the solicitation, bid, or award of the best value contracts,
including the resolution of the protests.
(E) A description of the prequalification process.
(F) The criteria used to evaluate the bids, including the
weighting of the criteria and an assessment of the effectiveness of
the methodology.
(G) If a project awarded under this article has been completed, an
assessment of the project performance, to include a summary of any
delays or cost increases.
(b) (1) The Legislative Analyst shall submit an interim report to
the appropriate policy and fiscal committees of the Legislature on
the use of the best value procurement method by school districts on
or before January 1, 2018, and a final report on or before July 1,
2019. The report may include the information provided from the school
district reports pursuant to subdivision (a) and any pertinent
information that the Legislative Analyst deems instructive in
evaluating whether the best value procurement method should be
continued, expanded, or prohibited.
(2) The requirement for submitting a report imposed pursuant to
this subdivision is inoperative on January 1, 2020, pursuant to
Section 10231.5 of the Government Code.
20119.6. Except as otherwise provided in this article, the best
value procurement method is not intended to change any guideline,
criterion, procedure, or requirement of the governing board of the
school district to let a contract for a project to the lowest
responsible bidder or else reject all bids.
20119.7. This article shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the need to establish a pilot project for a
limited number of school districts of varying sizes, including, but
not limited to, the Los Angeles Unified School
District, District to determine the potential
benefits and consequences of using best value procurement to
facilitate infrastructure improvements and ease fiscal impacts.
