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  








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               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.  









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          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:









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          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