California Public Contract Code Section 20209.26

Bidding for the project shall progress as follows: (a) (1) The authority, with the approval of the department, shall prepare or cause to be prepared, a set of documents setting forth the scope of the project, as set forth in this subdivision. (2) The department shall prepare documents that may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, and workmanship, preliminary plans, and any other information deemed necessary to describe adequately the authority`s needs. The performance specifications and any plans, preliminary engineering, environmental documents, prebid services, and project reports shall be performed by employees of the department. The preliminary engineering and project reports shall be performed by professional engineers employed by the department. (b) Based on the documents prepared under subdivision (a), the authority shall prepare a request for qualifications that invites interested parties to submit qualifications in the manner prescribed by the authority. The request for qualifications shall include, but need not be limited to, the following elements: (1) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the authority to evaluate qualifications, the process for selecting from among prequalified parties the lowest responsible bidder, and any other information deemed necessary by the authority to inform interested parties of the contracting opportunity. (2) Significant factors that the authority shall consider in evaluating qualifications, including cost or price lifecycle costs over 15 years or more, technical design and construction expertise, skilled labor force availability, and all other nonprice related factors. As used in this paragraph, skilled labor force availability shall be determined by the existence of an agreement with a registered apprenticeship program, approved by the California Apprenticeship Council, that has graduated at least one apprentice in each of the preceding five years. This graduation requirement shall not apply to programs providing apprenticeship training for any craft that was first deemed by the Department of Labor and the Department of Industrial Relations to be an apprenticeable craft within the five years prior to the effective date of this article. (3) The relative importance of the weight assigned to each of the factors identified in the request for qualifications. (4) If the authority reserves the right to hold discussions with prequalified bidders, it shall so specify in the request for qualifications and shall publish separately or incorporate into the request for qualifications applicable rules and procedures to be observed by the authority to ensure that any discussions or negotiations are conducted in good faith. (c) (1) In establishing the procedure to prequalify design-build entities, the authority shall use a standard questionnaire prepared by the authority. In preparing the questionnaire, the authority shall consult with the construction industry, including, but not limited to, representatives of the building trades and surety industry. This questionnaire shall require information including, but not limited to, all of the following: (A) If the design-build entity is a partnership, limited partnership, or other association, a listing of all of the partners, general partners, or association members known at the time of bid submission who will participate in the design-build contract. (B) (i) Evidence that the lead member of the design-build entity has completed a state highway project in California with a value of at least twenty-five million dollars ($25,000,000) in the past 10 years. (ii) Evidence that the members of the design-build entity have completed, or demonstrated the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity, and that proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project, as well as a financial statement that assures the authority that the design-build entity has the capacity to complete the project. (C) The licenses, registration, and credentials required to design and construct the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. (D) Evidence that establishes that the design-build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. (E) Information concerning workers` compensation experience history and a worker safety program. (F) A full disclosure regarding all of the following that are applicable: (i) Any serious or willful violation of Part 1 (commencing with Section 6300) of Division 5 of the Labor Code or the federal Occupational Safety and Health Act of 1970 (Public Law 91-596), settled against any member of the design-build entity. (ii) Any debarment, disqualification, or removal from a federal, state, or local government public works project. (iii) Any instance where the design-build entity, or its owners, officers, or managing employees submitted a bid on a public works project and were found to be nonresponsive, or were found by an awarding body not to be a responsible bidder. (iv) Any instance where the design-build entity, or its owners, officers, or managing employees defaulted on a construction contract. (v) Any violations of the Contractors` State License Law, as described in Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, excluding alleged violations of federal or state law regarding the payment of wages, benefits, apprenticeship requirements, or personal income tax withholding, or Federal Insurance Contribution Act (FICA) withholding requirements settled against any member of the design-build entity. (vi) Any bankruptcy or receivership of any member of the design-build entity, including, but not limited to, information concerning any work completed by a surety. (vii) Any settled adverse claims, disputes, or lawsuits between the owner of a public works project and any member of the design-build entity during the five years preceding submission of a bid under this article, in which the claim, settlement, or judgment exceeds fifty thousand dollars ($50,000). Information shall also be provided concerning any work completed by a surety during this period. (G) In the case of a partnership or any association that is not a legal entity, a copy of the agreement creating the partnership or association and specifying that all partners or association members agree to be fully liable for the performance under the design-build contract. (H) Information regarding the safety record of the design-build entity. 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/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. (2) The information required under this subdivision shall be verified under oath by the entity and its members in the manner in which civil pleadings in civil actions are verified. Information required under this subdivision that is not a public record under the California Public Records Act, as described in Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, shall not be open to public inspection. (d) The authority shall establish a procedure for final selection of the design-build entity in which selection shall be based upon a competitive bidding process resulting in lump-sum bids by the prequalified design-build entities. Awards shall be made to the lowest responsible bidder. (e) (1) Notwithstanding any other provision of this code, upon issuance of a contract award, the authority shall publicly announce the award, identifying the contractor to whom the award is made, along with a written decision supporting the contract award and stating the basis of the award. The notice of award shall also include all prequalified design-build entities. (2) The written decision supporting the authority`s contract award, described in paragraph (1), and the contract file shall provide sufficient information to satisfy an external audit.