CMB(LEGAL) - FACILITIES CONSTRUCTION: COMPETITIVE SEALED PROPOSALS
"Competitive sealed proposals" is a procurement method by which a governmental entity, including a college district, requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility. Gov't Code 2269.151
If a governmental entity uses the competitive sealed proposals method as described in this policy, it must comply with applicable legal requirements in this policy as well as other applicable legal requirements [see CM], which include the following steps:
- SELECTING A CONTRACTING METHOD;
- Giving PUBLIC NOTICE of the project;
- Publishing CONTRACT SELECTION CRITERIA;
- MAKING EVALUATIONS PUBLIC after the contract is awarded; and
- Providing for INSPECTION, VERIFICATION, AND TESTING necessary for acceptance of the facility by the governmental entity.
Education Code 44.031(g); Gov't Code 2269.052, .055, .056(a), (c), .058
Note: Terms in all capital letters, above, point to margin notes in the referenced policy.
Request for Proposals
The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria and the weighted value for each criterion, estimated budget, project scope, estimated project completion date, schedule, and other information that a contractor may require to respond to the request. Gov't Code 2269.153
Architect / Engineer
The governmental entity shall select or designate an architect or engineer to prepare construction documents for the project. Gov't Code 2269.152 [See CM]
The governmental entity shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria.
The governmental entity shall select the offeror that submits the proposal that offers the best value for the governmental entity based on the selection criteria in the request for proposals and the weighted value for those criteria in the request for proposal and on its ranking evaluation.
The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.
Gov't Code 2269.154–.155