Bill Text: CA SB1215 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public contracts: architectural and engineering services

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2010-06-28 - Set, first hearing. Failed passage in committee. [SB1215 Detail]

Download: California-2009-SB1215-Introduced.html

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BILL NUMBER: SB 1215	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Price

                        FEBRUARY 18, 2010

   An act to add Chapter 10.2 (commencing with Section 4529.25) to
Division 5 of the Government Code, relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1215, as introduced, Price. Public contracts: architectural and
engineering services firms: prequalification lists.
   The California Constitution provides that state and other
governmental entities have the choice and authority to contract with
qualified private entities for architectural and engineering
services, as defined. Existing law also requires that the choice and
authority to contract extend to all phases of project development,
including permitting, environmental studies, rights-of-way services,
design phase services, and construction phase services.
   This bill would authorize the Department of Transportation to
establish prequalified lists of architectural and engineering
services firms. The bill would authorize the department, for each
category of architectural and engineering service, to establish
separate lists for small, medium, and large projects by geographical
area. The bill would require the department to comply with certain
requirements relating to the advertisement and award of contracts in
the event the department utilizes the prequalification list.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 10.2 (commencing with Section 4529.25) is added
to Division 5 of the Government Code, to read:
      CHAPTER 10.2.  PREQUALIFICATION LISTS


   4529.25.  At the election of the Department of Transportation,
contracts for engineering, architectural, environmental, landscape
architectural, or land surveying services may be advertised and
awarded in accordance with this chapter.
   4529.26.  For purposes of this chapter, the following terms shall
have the following meanings:
   (a) "Architectural and engineering services" shall have the same
meaning as in Section 4529.10.
   (b) "Prequalified list" means a list of architectural and
engineering services firms that possess the qualifications
established by the Department of Transportation to perform specific
types of architectural and engineering services with each firm ranked
in order of qualifications.
   4529.27.  The Department of Transportation may establish
prequalified lists of architectural and engineering services firms in
accordance with the following process:
   (a) (1) For each type of architectural and engineering service for
which the department elects to use this process for advertising and
awarding contracts, the department shall request statements of
qualifications from interested firms. The request for statements of
qualifications shall be announced statewide throughout the California
State Contracts Register.
   (2) Each announcement shall describe the general scope of services
to be provided within each generic project category, be defined such
that each specific project to be awarded within that generic project
category shall be substantially similar to all other projects within
that generic project category, shall be the same size, range, and
geographical area, and shall require substantially similar skills and
magnitude of professional effort as every other project within that
generic project category.
   (b) For each category for architectural and engineering services,
the department may establish separate lists for small, medium, and
large projects by geographical area to provide opportunities for
various-sized firms. A firm can only be on one list for each category
per geographic area.
   (c) The department shall evaluate the statements of qualifications
and performance data, and a list of the most qualified firms that
meet the criteria established and published by the department shall
be developed. Discussions shall be held regarding each firm's
qualifications with all listed firms. The firms shall then be ranked
according to each firm's qualifications and the evaluation criteria
established and published by the department.
   (d) (1) The department shall maintain prequalified lists for not
more than two years. Each prequalified list shall include no less
than three firms. The number of firms placed on a list shall be based
on the anticipated workload during the life of the list. Once a
contract is awarded, another contract within the same geographic area
may not be let until 90 percent of the current contract dollars have
been expended.
   (2) During the term of the prequalified lists, as specific
services are identified as being eligible for contracting, the
department shall contact the firm on the top of the appropriate
prequalified list to determine if that firm has sufficient staff and
is available for performance of the services. If that firm is not
available, the department shall continue to contact firms on the
prequalified list, in order of rank, until a firm that is available
is identified.
   (e) The department shall negotiate a contract for the project or
services within the identified firm, at an amount that it determines
is fair and reasonable. If the department is unable to negotiate a
satisfactory contract with the identified firm, negotiations with
that firm shall be terminated and negotiations shall be undertaken
with the next ranked firm that is available for performance. If a
satisfactory contract cannot be negotiated with the second identified
firm, negotiations shall be terminated and the negotiation process
shall be continued with the remaining firms, in order of their
qualifications, until a satisfactory contract is negotiated.
   (f) Once a satisfactory contract is negotiated and awarded to a
firm from the prequalified list, that firm shall be moved to the
bottom of the prequalified list. If the department is unable to
negotiate a satisfactory contract with a firm on two separate
occasions, that firm shall be removed from the prequalified list.