Summary Outline of Rules Governing Procurement of
Architectural Services by School Districts
Overview. California Senate Bill 50, passed in 1998, defines the rules applicable to California school districts when procuring architectural and engineering services. When State Funds are being used, it requires that school districts require with the provisions of California Government Code Sections 4525, et seq. (See Education Code Sec. 17070.50, attached.)
Even when State funds are not being utilized, school districts may still voluntarily utilize the referenced procurement procedure.
If a school district voluntarily adopts the Government Code procurement procedure in its bid documents, then those procedures must be followed for the procurement in question.
The Government Code Procurement Procedures.
Selection Criteria. The procedure for procuring architectural, engineering, surveying, environmental, and construction management services is distinct from traditional bidding where contracts are awarded to the lowest responsive and responsible bidder. Instead, selection is on "the basis of demonstrated competence and professional qualifications necessary to satisfactorily perform the required services and at fair and reasonable prices to the public agencies" (See Government Code Sec. 4526.)
Selection Process.
Generally. District may maintain and encourage annual submission of statements of qualifications from firms engaged in lawful practice of architecture, engineering, surveying, environmental and construction management which statements can then be consulted for particular procurements. (See Government Code Sec. 4527.)
Advertisement. District announces project through publications of respective professional societies. (See Government Code Sec. 4527(a).) Note: no advertising period is specified, nor is content of RFQ/RFP. Typical advertising provisions include requirement of "newspaper of general circulation," trade publications (e.g. Green Sheet), and period of two to four weeks.
Shortlisting. Conduct discussions with no less than three firms from annual submission file and/or from responses to RFQ/RFP concerning "anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services, then identify in order of preference, based upon criteria established and published by district no less than three of the firms deemed to be the most highly qualified to provide the services required. (See Government Code Sec. 4527(a).)
Special Requirement for RFQ/RFP. Statute requires local agencies to expressly prohibit unlawful activity including rebates, kickbacks or unlawful consideration, and to also prohibit agency employees from participating in selection process when they have a relationship with any bidder. Note: the term "relationship" is not defined. (See Government Code Sec. 4527(b).)
Negotiations. Agency negotiates contract with best-qualified firm 66at compensation that agency head determines to be fair and reasonable". If no agreement, negotiations are terminated and negotiations commenced with second highest-ranked firm, etc. (See Government Code Sec. 4528.)
Note. The Government Code procurement procedures do not specify the contents or nature of the agreement ultimately to be entered into between the local agency and architect.
Proposition 35 (Gov't Code Sec. 4529)
Passed November 2000. It amended the California Constitution to remove restrictions on public agencies contracting for architectural, engineering, surveying, environmental and construction management services.
Requires procurement of such professional services to be by "a fair and competitive process." The statute does not provide further definition as to what "fair and competitive" means.
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