California Code
ARTICLE 41.3 - Los Angeles Community College District Best Value Procurement
Section 20663.3.

20663.3. The governing board of the community college district shall proceed in accordance with the following when awarding best value contracts under this article:

(a) The community college district shall prepare a solicitation for bids and give notice pursuant to Section 81641 of the Education Code.

(b) The community college district shall establish a procedure to prequalify bidders as required by this code. Information submitted by the bidder as part of the evaluation process shall not be open to public inspection to the extent that information is exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(c) (1) A bidder shall not be prequalified or short-listed unless the bidder provides an enforceable commitment to the community college district that the bidder and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1.

(2) This subdivision shall not apply if any of the following requirements are met:

(A) The community college district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project to contract to use a skilled and trained workforce, and the bidder agrees to be bound by that project labor agreement.

(B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the community college district prior to January 1, 2020.

(C) The bidder has entered into a project labor agreement that will bind the bidder and all of its subcontractors at every tier performing the project or contract to use a skilled and trained workforce.

(3) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500.

(d) Each solicitation for bids shall do all of the following:

(1) Invite prequalified bidders to submit sealed bids in the manner prescribed by this article.

(2) Include a section identifying and describing the following:

(A) Criteria that the community college district will consider in evaluating the qualifications of the bidders.

(B) The methodology and rating or weighting system that will be used by the community college district in evaluating bids.

(C) The relative importance or weight assigned to the criteria for evaluating the qualifications of bidders identified in the request for bids.

(e) Final evaluation of the bidders shall be done in a manner that prevents the identity of the bidders and the cost or price information from being revealed in evaluating the qualifications of the bidders prior to completion of qualification scoring.

(Amended by Stats. 2021, Ch. 615, Sec. 363. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615. Repealed as of January 1, 2025, pursuant to Section 20663.7.)