An Administrator's Guide to California Private School Law

Chapter 17 – Construction

S ELECTING A C OMPETENT A ND Q UALIFIED C ONTRACTOR

Section 4

Selection of the appropriate contractor to build the project is one of the most important aspects of construction. Schools can only hire contractors that have valid contractor’s licenses. Schools should select a contractor based on its proven experience, qualifications, competency, price, and ability to construct the planned project on time and on budget. A. Q UALIFICATIONS & E XPERIENCE A school should establish a process to review and analyze prospective contractors and determine whether the contractor is the best fit for the project. One option is to issue a request for qualifications to prospective contractors, inviting them to submit their qualifications to construct to the project to the school for review. A request for qualifications also provides the contractor a description of the project and can include the school’s estimated schedules and construction costs. A request for qualifications is not a request for bids or proposals. The School should make clear in the request for qualifications that it has the right to award or not award the contract as it sees fit. Whether using a request for qualifications or directly asking a contractor for qualification and experience information, schools should, at a minimum, obtain and review the following information to determine whether the contractor is qualified:  Name, address, and construction history of the contractor;  Contractor license number and whether the license has been revoked or suspended in the last five years;  Personnel and organizational chart of the contractor;  Relevant experience and references over the last five years;  Financial data to determine whether the contractor is financially stable or is at risk to dissolve or declare bankruptcy during the project;  Bonding capacity and insurance coverage information; 2310 and  All litigation regarding the contractor’s construction projects for the last five years. Schools may also request assurances from the contractor that it is willing and able to perform the particular duties associated with the construction project. School staff or a school review and selection committee should review the contractor’s qualifications to determine whether the school should negotiate a contract with a contractor, or whether the school should request several proposals from different contractors.

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