Public Contract Code section 22191
(a)
(1)The city may procure contracts for the project or any part of the project pursuant to this chapter.(2)
The city may enter into an alternative project delivery method contract for any part of the project pursuant to this chapter upon completing both of the following:(A)
An evaluation of the traditional design-bid-build process of construction and of the alternative project delivery method in a public meeting.(B)
Following the evaluation specified in subparagraph (A), a written finding that use of the alternative project delivery method on the project will accomplish one or more of the following objectives:(i)
Reduce project costs.(ii)
Expedite the completion of the project.(b)
Subject to the limitations of this chapter, the city may utilize any of the following alternative project delivery methods, or any combination of the following methods:(1)
Construction manager at-risk.(2)
Construction Manager/General Contractor.(3)
Design-build.(4)
Design sequencing.(5)
Progressive design-build.(c)
The design and construction of the project may occur in sequential or concurrent phases.(d)
This chapter does not allow an alternative project delivery method to include maritime and longshore operations.(e)
Except to the extent otherwise required under applicable law, the city may include in any contract procured pursuant to this chapter any provision that the city determines is necessary or appropriate.(f)
(1)The city shall prepare, publicly advertise, and issue solicitation documents to procure and award any contract pursuant to this chapter, subject to the following:(A)
For Construction Manager/General Contractor contracts, the solicitation documents prepared by the city shall include criteria that are the same as, or substantially similar to, those provided in subparagraphs (A) to (K), inclusive, of paragraph (1) of, and paragraph (2) of, subdivision (a) of Section 6703.(B)
For design-build and progressive design-build contracts, the city shall comply with the same or substantially similar requirements of Section 22185.2 and Section 22185.4 to 22185.7, inclusive, and subdivisions (a), (c), and (d) of Section 22185.3.(2)
The contract solicitation process may include prequalification or short-listing business entities who seek to perform the project or any part of the project.(3)
The city shall review submissions it solicits and receives and may award contracts for the project to one or more responsible business entities whose submissions are determined by the city to be the most advantageous by providing the best value in meeting the best interests of the city.(g)
The city shall retain the right not to award any contract for the project, including if the city determines that the project is not in the best interests of the city or should negotiations with any business entity otherwise fail.
Source:
Section 22191, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC§ionNum=22191. (updated Jan. 1, 2025; accessed Jul. 7, 2025).
