To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Approve revisions to the organizational conflict of interest policy for design-build and progressive design-build projects.
?Recommendation of the County Administrator ? Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE revisions to the organizational conflict of interest policy for design-build and progressive design-build projects
FISCAL IMPACT:
No fiscal impact
BACKGROUND:
Public Contract Code section 22162 requires local agencies to establish an organizational conflict of interest policy for design-build projects if they wish to use this method of procurement. The County established such a policy at the February 13, 2018 board meeting. Since that time several changes have occurred in State legislation and the County needs to revise their policy to accommodate these changes. These changes include recent legislation allowing General Law Counties to use progressive design-build procurement methodology.
The County's current policy needs to be revised to include these projects in addition to the traditional design-build projects the policy was initially adopted to cover. There is also new language in Government Code section 1097.6 that modifies when an organizational conflict of interest exists that conflicts with the language of the County's current policy. In order to bring our policy into conformance with the State language the following language is recommended for addition to sections 3(b) and 3(c) of the County policy:
However, The County may determine there is not an organizational conflict in the below situations (such a determination shall comply with Government Code section 1097.6):
i. If the role of the Proposer was limited to the provision of preliminary or conceptual design, reports or similar "low-level" documents that will be incorporated into the RFP/RFQ and did not include assistance in development of instructions or evaluation criteria for the ...
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