In 2016, the Legislature established the Best Value Construction Contracting for Counties Pilot Program (Pilot Program) to allow select counties in California to select a bidder for construction projects in excess of $1,000,000 on the basis of best value. Best Value is a procurement process that allows the county to evaluate the qualifications of bidders on objective criteria that results in its selection of a bidder that represents the best combination of price and qualifications. The Pilot Program authorized the select counties to use a best value construction contracting method to award individual annual contracts, not to exceed $3,000,000, for repair, remodeling, or other repetitive work to be done according to unit prices. The Pilot Program also established procedures and criteria for the selection of a best value contractor and requires that bidders verify specified information under oath. The Pilot Program required the board of supervisors of a participating county to submit a report about the projects awarded using the best value procedures to the appropriate policy committees of the Legislature and the Joint Legislative Budget Committee before March 1, 2024.
Assembly Bill 1957 (AB 1957) expands the best value procurement process for construction contracts to all counties in California until January 1, 2030. AB 1957 requires the board of supervisors of a participating county to submit a report with information about the projects, including a description of the projects awarded using the best value procedures, the contract award amounts, the contractors awarded the projects, a description of any written protests concerning any aspect of the solicitation, bid, or award of the best value contracts, including the resolution of the protests, a description of the prequalification process, the criteria used to evaluate the bids, and assessment of the project performance if the project is completed. The board of supervisors must submit the report to the appropriate policy committees of the Legislature and the Joint Legislative Budget Committee before March 1, 2029.
(AB 1957 amends sections 20155, 20155.1, 20155.7, and 20155.9 of the Public Contract Code)