BILL ANALYSIS SB 1215 Page 1 Date of Hearing: June 28, 2010 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair SB 1215 (Price) - As Amended: April 28, 2010 SENATE VOTE : 28-2 SUBJECT : California Department of Transportation: prequalified architectural and engineering firms SUMMARY : Sets forth provisions by which the Department of Transportation (Caltrans) may establish prequalified lists for architectural and engineering (A&E) services. Specifically, this bill : 1)Authorizes Caltrans to award A&E contracts using prequalified lists. 2)Defines key terms, including: a) "Prequalified list" to mean a ranked list of A&E services firms that possess qualifications established by Caltrans; b) "Price schedule" to mean an agreement between Caltrans and an A&E firm in which the firm accepts an order from Caltrans for a service at a set price for a specified period of time; these agreements do not oblige Caltrans to purchase the services from the firm. 3)Sets forth procedures to govern Caltrans' establishment of prequalified A&E lists, as follows: a) For each type of A&E service Caltrans elects to use this process, the department will announce a request for statements of qualifications from firms statewide and may also request price schedules; b) The announcement will describe the general scope of services to be provided within each project category; c) Categories will be defined such that each specific project will be substantially similar to any other project in the category, including similar size, range, and SB 1215 Page 2 geographic area, and will require substantially similar skills and magnitude of professional effort; d) For each category of A&E service, Caltrans will establish separate lists for small contracts (between $5,000 and $500,000), medium contracts (between $500,000 and $5 million), and large contracts (over $5 million) for each of Caltrans' 12 districts; e) A firm can only be on one list for each category for each district; f) Caltrans will evaluate the statements of qualifications and performance data and develop a ranked list of qualified firms; g) Prequalified lists will be maintained for no more than two years and each list must have at least three firms on it; h) The number of firms place on any one list will be based on the anticipated workload during the life of the list; i) Caltrans would be prohibited from creating a subsequent list for the same category, size, and district until 90% of the anticipated workload has been contracted or two years has expired; j) As work is needed, Caltrans will contact the top three firms on the appropriate list to see if they are available to work; aa) Caltrans will then negotiate a contract with the top-ranked firm at an amount that is fair and reasonable. If an agreement cannot be reached, Caltrans will contact the next highest ranked firm on the list and proceed to negotiate a contract; bb) Once a firm has been awarded a contract, it will be moved to the bottom of the list; and cc) Failure to negotiate a satisfactory agreement with Caltrans on two separate occasions will result in the firm being removed from the list. SB 1215 Page 3 4)Provides that, notwithstanding these procedures, Caltrans may award A&E contracts valued at between $5,000 and $250,000 to certified small businesses or disabled veteran business enterprises based on receiving informal price quotes. 5)Requires on or before January 1, 2014, Caltrans to report to the Legislature on an assessment of the prequalification process and criteria. 6)Sunsets the prequalification authority and procedures on January 1, 2014. EXISTING LAW: 1)Defines "architectural and engineering services" to include all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services. 2)Explicitly requires, notwithstanding any other provision of law, that selection by a state or local agency for A&E services must be based on demonstrated competence and on professional qualifications. 3)Requires, in the procurement of A&E services, state agencies to encourage A&E firms to submit annual statements of qualifications and performance data. 4)When selecting an A&E firm, requires a state agency to review these statements, along with any others that may be submitted, to discuss the services needed with at least three firms, and to enter into negotiations with the firm deemed most qualified. FISCAL EFFECT : Unknown COMMENTS : According to the author, the purpose of the bill is to increase small business participation on state-funded A&E contracts through the use of prequalification lists. Potential benefits of developing a prequalified list include: SB 1215 Page 4 1)Allowing work to be spread among a greater number of A&E firms. 2)Minimizing the number of times firms have to enter into redundant negotiations with Caltrans for substantially similar A&E contracts. 3)Accelerating the award of A&E contracts by allowing Caltrans to avoid having to go through the entire solicitation and qualification evaluation process for each A&E contract. Developing prequalified lists has potential downfalls as well. Writing in opposition to SB 1215, the American Council of Engineering Companies (ACEC) argues that: 1)Creating three separate silos (based on size, range, and location) and limiting a firm to being on one list at a time will prohibit free market competition. 2)The requirement to exclude firms from the list if they fail to reach an agreement with Caltrans inappropriately gives the department significant leverage. 3)Managing prequalified lists could become an onerous and time-consuming process for Caltrans. REGISTERED SUPPORT / OPPOSITION : Support None on file Opposition American Council of Engineering Companies Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093