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Approve a report on Best Value Project Delivery per section 20155.7 of the Public Contract Code; and Authorize the Director of General Services Department to transmit the report to the California Secretary of State, appropriate policy committees of the State Legislature, and the Joint Legislative Budget Committee
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of General Services recommends that the Board of Supervisors:
1. Approve a report on Best Value Project Delivery (Attachment A) per section 20155.7 of the Public Contract Code (Attachment B); and
2. Authorize the Director of General Services Department to transmit the report to California Secretary of State, appropriate policy committees of the State Legislature, and the Joint Legislative Budget Committee.
SUMMARY/DISCUSSION:
State Public Contract Code (PCC) section 20155.7 requires the Board of Supervisors to submit a report before March 1, 2024, to California Secretary of State, appropriate policy committees of the State Legislature and the Joint Legislative Budget Committee regarding the County’s delivery of projects under Best Value pilot legislation per PCC 20155 et seq.
Solano County sponsored and supported SB762 (Wolk) which was chaptered into law as PCC sections 20155 - 20155.9 on October 8, 2015, to establish a pilot program for the Counties of Alameda, Los Angeles, Riverside, San Bernardino, San Diego, Solano, and Yuba in which the bidder may be selected on the basis of the best value to the County for construction projects in excess of one million dollars ($1,000,000). "Best value" means a procurement process whereby the selected bidder may be selected based on objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications.
In July and August 2019, Solano County staff gave statements in support of SB 128 (Beall) to the State Assembly, Local Government, and Senate Governance and Finance Committees respectively to expand the pilot program to include Monterey County, and extend the original five-year pilot Best Value program for an additional five-year period.
In September 2019, the Board Approved a report on Best Value Project Delivery per Section 20155.7 of the Public Contract Code and authorized the Director of the General Services Department to transmit the report to the California Secretary of State, appropriate policy committees of the State Legislature and the Joint Legislative Budget Committee, relating to the SB1022-funded Rourk Vocational Training Center at the Clay Bank campus.
More recently, on January 14, 2020, the Solano County Board of Supervisors approved use of “Best value” method of procurement for construction services for the Justice Center Detention Facility Plumbing Replacement and Shower Repair Project consistent with PCC section 20155 seq. and on August 8, 2023, the Board approved the corresponding Notice of Completion. A report to the Legislature on the County’s use of Best Value procurement for this project is required before March 1, 2024.
Per section 20155.7 (a) of the PCC:
“Before March 1, 2024, the board of supervisors of a participating county shall submit a report to the appropriate policy committees of the Legislature and the Joint Legislative Budget Committee. The report shall include, but is not limited to, the following information:
1. A description of the projects awarded using the best value procedures.
2. The contract award amounts.
3. The best value contractors awarded the projects.
4. 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.
5. A description of the prequalification process.
6. The criteria used to evaluate the bids, including the weighting of the criteria and an assessment of the effectiveness of the methodology.
7. 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.
a. A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.” (Attachment C)
The legislation was amended January 1, 2020 and will be repealed as of January 1, 2025.
Staff of General Services Department’s Capital Projects Management Division has prepared a report addressed to the California Secretary of State satisfying the requirements of PCC 20155.7, which is now submitted to the Board for approval and transmittal. Copies will also be sent to State Legal Counsel, Joint Legislative Budget Committee, Committee for Local Government Chair Assembly Member Juan Carrillo, Governance and Finance Committee Chair Senator Anna Caballero and the Board of State and Community Corrections.
FINANCIAL IMPACT:
The cost of preparation of the draft Best Value report by staff and associated agenda item are minimal and are absorbed by the department’s FY2023/24 Working Budget.
ALTERNATIVES:
The Board could choose not to approve the report and/or to direct staff to revise the report and return with it again on a later date. This is not recommended because the report is required of California Counties that have used the pilot legislation, which satisfies the requirements of PCC 20155.7 (a) and the report is due before March 1, 2024.
OTHER AGENCY INVOLVEMENT:
County Administrator’s staff and County Counsel have reviewed and commented on the draft report.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION