California Public Contract Code § 20119.1

As used in this article: (a) “Best value” means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. (b) “Best value contract” means a competitively bid contract entered into pursuant to this article. (c) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for and is awarded a best value contract. (d) “Best value score” means the resulting score when the school district divides the bidder’s price by the bidder’s qualification score. (e) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. (f) “Financial condition” means the financial resources needed to perform the contract. The criteria used to evaluate a bidder’s financial condition shall include, at a minimum, capacity to obtain all required payment bonds and required insurance. (g) “Governing board” or “governing board of the school district” means the governing board of the Los Angeles Unified School District. (h) “Labor compliance” means the ability to comply with, and past conformance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidder’s labor compliance shall include, at a minimum, the bidder’s ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with such requirements, and its past conformance with requirements to pay prevailing wages on public works projects. (i) “Project” has the same meaning as “public project,” as defined in subdivision (c) of Section 22002. (j) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, to the extent relevant, the preceding qualifications as they pertain to all subcontractors proposed to be used by the bidder for designated portions of the work. (k) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. (l) “Safety record” shall be deemed “acceptable” if a contractor’s experience modification rate for the most recent three-year period is an average of 1.00 or less, and the contractor’s average total recordable injury or illness rate and average lost work rate for the most recent three-year period do not exceed the applicable statistical standards for its business category or if the bidder is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code. (m) “School district” means the Los Angeles Unified School District.

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