Proposition 39 Sole Source Requirement

Transcription

1 Proposition 39 Sole Source Requirement Presented by Aaron Jobson, Principal Kevin Wang, Associate Quattrocchi Kwok Architects Best Best & Krieger LLP

2 Getting Started with Prop 39 Set Goals and Process Common District Goals: Develop District Wide Energy Master Plan and implement first projects Specific need upgrades (deferred maintenance) Supplement Existing Building Program funding Establish process for selecting which projects to fund and development schedule Recognize that the SIR requirements for funding will limit available projects for funding

3 Integrate with Master Plan Energy use is a complicated problem that requires holistic solutions Develop Energy Master Plan which includes efficiency, generation and operations Can be stand-alone or part of Facilities Master Plan Determine Delivery Method ANALYSIS + DESIGN + BUILD DESIGN-BUILD PERFORMANCE CONTRACT

4 Analysis + Design + Build Select Consultant team to perform Energy Analysis* Select Architect and Engineer team to Design and perform CA Select Contractor to Build Using hard-bid or Lease-leaseback methods! *When possible use the same team for Analysis and Engineering Pros Utilizes traditional methods of selecting Contractors and Design Consultants Flexibility to use consultants you are familiar with Competitive bidding on Construction work Cons Possibility of disconnect between phases Multiple contracts to manage No potential for savings guarantee Can take advantage of Analysis programs

5 Design-Build Performance Contract Select Design-Build Entity via a competitive Request for Proposal (RFP) Process (non sole source) Design-Build Entity provides analysis, engineering and construction services Pros Cons Single contract and point of responsibility Possibility of financing of projects beyond the scope of Prop 39 Possibility of savings guarantee Less competition in construction pricing Does not integrate with state programs for Energy Analysis Fewer checks and balances with single entity

6 A Case for Commissioning Independent consultant working to ensure the District gets the system you pay for Ensures that systems and equipment are functioning as designed and working together when construction is complete Recommended for HVAC, Energy Management Systems and Lighting Controls Provides training and systems manuals of O&M Staff Select Your team Many available options: California Conservation Corps (CCC) Bright Schools Program Energy Consultants Architects and Engineers Energy Service Companies Utilities Solar Providers Make sure that you select a team that fits your scope of work, goals, and needs Select by best value to the District No Sole Source Selection

7 Overview: Prop 39 & Calif. Clean Energy Jobs Overview Purpose Created funding for eligible energy efficiency and clean energy generation projects. Beneficiaries Benefits county offices of education, school districts, charter schools, and community college districts. Eligible Projects Energy Efficiency and clean energy generation projects. Funds are primarily earmarked for energy planning and energy improvement work. Timing Funds are available for five fiscal years, beginning with fiscal year

8 ! Procurement Related Requirements No sole source procurements allowed Districts should incorporate best value in their selection process unless a low bid award or qualifications based selection is required. Contracts must accurately identify project specifications, costs and projected energy savings. Districts remain obligated to comply with other applicable public contracting laws and regulations and their own procurement regulations that are not in conflict with Proposition 39, e.g., prevailing wage, competitive bidding, etc. What is Sole Source?

9 Sole Sourcing Public Contract Code section 3400 authorizes public agencies to designate specific brand or trade names for particular equipment or services under certain circumstances in order: that a field test or experiment may be made to determine the product's suitability for future use. to match other products in use on a particular public improvement either completed or in the course of completion. to obtain a necessary item that is only available from one source. to respond to an emergency declared by a local agency. Sole Source v. Prop 39 Any component of a project funded by Proposition 39 monies may not be procured utilizing the sole source process. Examples include design components, scoping studies, audits and construction.

10 Prop 39 & Government Code Section Energy Efficiency and Renewable Energy Generation Projects Energy Efficiency and Renewable Energy Generation Projects funded by Prop 39 may continue to be procured under Government Code section et seq. All Section et seq. procurement requirements continue to apply (e.g., public agency findings) Only limitation is that sole source process may not be used to procure Section et seq. projects funded by Prop 39. Where Prop 39 funds are used on projects being procured under Section et seq., districts are recommended to incorporate best value in the procurement process. Incorporation of Best Value Districts may use best value to procure projects funded by Prop 39. Best Value is defined as value determined by objective criteria related to price, features, functions, and life-cycle costs. A standard one-step RFP or RFQ process where the consultant is selected based on best value to the district satisfies Prop 39 s procurement requirement

11 RFP-RFQ Process A two-step RFQ/RFP process is not legally required. Prop 39 only requires districts to abide by state and local procurement regulations and to avoid using the sole source process For Prop 39 funded projects, a one-step RFP or RFQ process incorporating the best value criteria as the basis for selecting the consultant is in compliance with the procurement regulations under Prop 39.!! Questions? Aaron Jobson, Principal Quattrocchi Kwok Architects p e. aaronj@qka.com Kevin Wang, Associate Best Best & Krieger p e. Kevin.wang@bbklaw.com