AR 3311.3 — DESIGN – BUILD CONTRACTS
Business and Noninstructional Operations AR 3311.3(a)
DESIGN – BUILD CONTRACTS
The Board of Education may approve a contract with a single entity for both design
and construction of any school facility in excess of $1,000,000, awarding the contract
to either the low bid or the best value as determined by evaluation of objective criteria.
(Education Code 17250.20)
Additionally, until January 1, 2029, the Board may approve an alternative design-build
contract with a single entity for both design and construction of any school facility in
excess of $5,000,000. Such contracts may be awarded to the lowest bidder or the
best value, taking into consideration, at a minimum, design cost, general conditions,
overhead, and profit as a component of the project price, technical design and
construction expertise, and life-cycle costs. The District’s determination of price shall
be based on the open book evaluation of construction subcontracts. The contract may
be subject to further negotiations or amendment and may be terminated by the District
if the District and the design-build entity are unable to reach an agreement. (Education
Code 17250.61,17250.62, 17250.65)
(cf. 3311 - Bids)
(cf. 3312 - Contracts)
(cf. 7110 - Facilities Master Plan)
(cf. 7140 - Architectural and Engineering Services)
Design-build documents shall not include provisions for long-term project operations,
but may include operations during a training or transition period. (Education Code
17250.25)
PROCEDURES FOR AWARDING THE CONTRACT
The procurement process for design-build and alternative design-build projects shall
be as follows: (Education Code 17250.25, 17250.35, 17250.62, 17250.65; Public
Contract Code 2600)
1. Performance Specifications: The District shall prepare a set of documents setting
forth the scope and estimated price of the project. The documents may include,
but are not limited to:
a. The size, type, and desired design character of the project.
b. Performance specifications that cover the quality of materials, equipment,
and workmanship.
c. Preliminary plans or building layouts.
AR 3311.3(b)
DESIGN – BUILD CONTRACTS (cont.)
d. Any other information deemed necessary to describe adequately the
District's needs.
The performance specifications and any plans shall be prepared by a design
professional who is duly licensed and registered in California.
2. Qualifications: The District shall prepare and issue a request for qualifications in
order to prequalify, or develop a short list of, the design-build entities whose
proposals shall be evaluated for final selection. The request for qualifications shall
include, but is not limited to, all of the following elements:
a. Identification of the basic scope and needs of the project or contract, the
expected cost range, the methodology that will be used by the District to
evaluate proposals, the procedure for final selection of the design-build entity,
and any other information deemed necessary by the District to inform
interested parties of the contracting opportunity.
b. Significant factors that the District reasonably expects to consider in
evaluating qualifications, including technical design and construction
expertise, acceptable safety record, and all other non-price-related factors.
c. A standard template request for statements of qualifications prepared by
the District, which shall contain all of the information required pursuant to
Education Code 17250.25 or 17250.62.
d. A notice that the project is subject to the skilled and trained workforce
requirements specified in Public Contract Code 2600-2603.
The District also may identify specific types of subcontractors that must be included
in the statement of qualifications and proposal.
3. Request for proposals: The District shall prepare a request for proposals (RFP)
that invites prequalified or short-listed entities to submit competitive sealed
proposals in a manner prescribed by the District. The RFP shall include the
information identified in items #2a and 2b above and the relative importance or
weight assigned to each of the factors. If the District uses a best value selection
method for a project, the District may reserve the right to request proposal
revisions and hold discussions and negotiations with responsive proposers, in
which case the District shall so specify in the request for proposals and shall
publish separately or incorporate into the request for proposals applicable
procedures to be observed by the District to ensure that any discussions or
negotiations are conducted in good faith.
AR 3311.3(c)
DESIGN–BUILD CONTRACTS (cont.)
4. Selection based on low bid: For those projects utilizing low bid as the final
selection method, the bidding process shall result in lump-sum bids by the
prequalified or short-listed design-build entities, and the contract shall be awarded
to the lowest responsible bidder.
5. Selection based on best value: For those projects utilizing best value as a
selection method, the following procedures shall be used:
a. Competitive proposals shall be evaluated using only the criteria and selection
procedures specifically identified in the request for proposals. Criteria shall be
weighted as deemed appropriate by the District and shall, at a minimum,
include price, unless a stipulated sum is specified; technical design and
construction experience; and life-cycle costs over 15 or more years. The
proposal for an alternative design-build project, as specified in 17250.62, shall,
at a minimum, include design cost, general conditions, overhead, and profit as
a component of the project price, unless a stipulated sum for the project is
specified; technical design and construction expertise; and life-cycle costs
over 15 or more years.
b. Following any discussions or negotiations with responsive proposers and
completion of the evaluation process, the responsive proposers shall be
ranked on a determination of value provided, provided that no more than three
proposers are required to be ranked.
c. The contract shall be awarded to the responsible entity whose proposal is
determined by the District to have offered the best value to the public.
d. The District shall publicly announce the contract award, identifying the entity
to which the award is made and the basis of the award. This statement and
the contract file shall provide sufficient information to satisfy an external
audit.
Legal Reference:
EDUCATION CODE
17250.10-17250.55 Design-build contracts
Management Resources:
WEBSITES
California School Boards Association: www.csba.org
California Association of School Business Officials: www.casbo.org
California Department of Education, Facilities: www.cde.ca.gov/ls/fa
AR 3311.3(d)
DESIGN – BUILD CONTRACTS (cont.)
Chino Valley Unified School District
Regulation approved: May 23, 2013
Revised: August 17, 2017
Revised: June 5, 2025