Chapter 27.12 — BEST VALUE

This Chapter 27.12 sets forth the requirements for procuring Major Public Works Contracts by the Best Value method under Section 1217(c)(1) of the Charter of the City of San José.

(Ord. 30308.)

For purposes of this Chapter 27.12, the following phrases have the following meaning:

A.

"Best Value" means a procurement method by which the City selects a Contractor using objective criteria to determine the best combination of price and qualifications.

B.

"Labor Compliance" means a Contractor's ability to comply with, and past performance and compliance with, contract and statutory requirements related to labor, such as laws involving the payment of wages and work hours, qualifications of the workforce and use of apprentices.

(Ord. 30308.)

Except as provided in Sections 27.12.040 through 27.12.080, a Best Value procurement will follow the Public Bidding requirements in Chapter 27.10.

(Ord. 30308.)

The City will award the Major Public Works Contract to the responsible bidder that submits the responsive bid reflecting the best value to the City, determined as follow:

A.

For each bid, the bidder's bid price will be divided by a qualification score assigned to that bidder; and

B.

The bidder with the lowest resulting quotient, or cost per quality point, will be the Best Value bid.

(Ord. 30308.)

A.

A panel of evaluators will assign each bidder a qualification score based on objective criteria.

B.

The objective criteria used to assign each bidder a qualification score must include, at a minimum, the submission of information regarding a bidder's safety record, past performance, Labor Compliance, demonstrated management competence, financial condition and relevant experience.

(Ord. 30308.)

A.

At the Director's discretion, qualification scores will be assigned either during a prequalification done in accordance with Chapter 27.16 or as part of bidding.

B.

If qualification scores are assigned as part of a prequalification, the prequalification documents will set forth the objective criteria, as well as the methodology and rating system, the panel will use to evaluate bidders.

C.

If the qualification scores are part of bidding, the bid solicitation documents will set forth the objective criteria, as well as the methodology and rating system, the panel will use to evaluate bidders.

(Ord. 30308.)

The Director will adopt procedures for the selection of evaluation panel members.

(Ord. 30308.)

Bid prices will remain sealed until after the evaluation panel has assigned a qualification score to each bidder.

(Ord. 30308.)