AR 7140


    Architectural and Engineering Services

    Contractors for any architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services shall be selected, at fair and reasonable prices, on the basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required.  (Government Code 4526) 

    The Superintendent or designee shall ensure that the selection process for projects receiving state funding:  (Government Code 4526) 

    1. Assures maximum participation by small business firms as defined pursuant to Government Code 14837 
    1. Prohibits practices which might result in unlawful activity such as rebates, kickbacks, or other unlawful consideration 
    1. Prohibits district employees from participating in the selection process when they have a relationship with a person or business entity seeking a contract which would subject the employee to the prohibition of Government Code 87100 

    (cf. 9270 - Conflict of Interest) 

    The selection process may also include:  (Government Code 4527) 

    1. Evaluation of current statements of qualifications and performance data on file with the district and evaluation of statements that may be submitted by other firms regarding the proposed project 
    1. Discussion with at least three firms regarding anticipated concepts and the relative utility of alternative approaches for furnishing the required services 
    1. Selection, in order of preference, of at least three firms deemed to be the most highly qualified to provide the required services in accordance with established district criteria 

    The district shall negotiate a contract with the best qualified firm at compensation determined by the district to be fair and reasonable.  If the district is unable to negotiate a contract with the most qualified firm, the district shall negotiate a contract with the second most qualified firm and, if unsuccessful, with the third most qualified firm.  If the district is unable to negotiate a satisfactory contract with any of the selected firms, the district shall select additional firms in order of their competence and qualification and continue negotiations until an agreement is reached.  (Government Code 4528) 

    The above procedures shall not apply if the Superintendent or designee determines that the services needed are more of a technical nature and involve little professional judgment and that requiring bids would be in the public interest.  (Government Code 4529) 

    (cf. 3311 - Bids) 

    Contracts shall specify that all plans, including, but not limited to, record drawings, specifications, and estimates prepared by the architect or structural engineer shall become the property of the district.  The contract shall also specify terms and conditions for reuse within the district of any plans prepared by the architect or structural engineer. (Education Code 17316) 

    A contract may be awarded to a single entity for both design and construction of any school facility in excess of $1,000,000 in accordance with AR 3311.3 - Design-Build Contracts.  (Education Code 17250.20) 

    (cf. 3311.3 - Design-Build Contracts) 


    Regulation approved:  09/17/1992
    Renumbered:  08/15/1996
    Amended:  08/15/1996; 08/19/1999; 12/15/2020