Policy 7003 ReviewBCPS Facilities Task Force – Policy Subcommittee Report

July 16, 2015

What is Policy 7003?

QSEC/Policy 7003 Pre-qualification of contractors and selection of architects,

engineers, design builders, construction managers, and total program managers pursuant to consultants competitive negotiation act. Board established selection committee consisting of district employees and members of the public

Policy 7003 Link to current policy 7003  (11/09/10) Link to current policy 7003.1 (prequalification application)

Past Policies  8/14/01 7000 series policy revisions 6/04/02 7000 series policy revisions 8/05/03 policy 7003 policy revision 1/18/05 rewrite and revision of policy 7003 (consolidated

policies 7003, 7009, 7010, and 7011) 04/08/08 Board retreat discussing QSEC and facilities

department 08/27/08 Public Announcement – Prequalification of

Contractors

Why is the Facilities Task Force reviewing Policy 7003?

General Concerns Ambiguity in language Lacks acknowledgement of and reference to state statutes

Ex. 255.103 Lack of related procedures By-laws last updated 06/06/06 Lack of staff adherence to policy Lack of standardization in RFPs, especially selection criteria and selection procedures

RFPs not being approved by board Ex. Current program manager RFPs Ex. Last three design-build RFPs

Why is the Facilities Task Force reviewing Policy 7003?

Prequalification Process Concerns Reducing the number of meetings Lack of related procedures Strengthening QSEC’s ability to hold contractors accountable

FTF passed motions in support of two motions passed at the April 16, 2014 QSEC meeting. Purpose of the motions is to assist in clarifying and strengthening staff and QSEC’s ability to hold contractors accountable for (1) delinquency and (2) performance):

#1: Follow up on delinquency issue from 2012 with new DOE Chancellor or appropriate person in the DOE – passed unanimous

#2: Seek legal opinion from DOE in response to “is a Board prohibited from reviewing criteria outside the language found in Chapter 4.1, Sub-Section 1.E.” -- passed unanimous

What state statutes are related to Policy 7003?

Related state statutes 1013.45 – Educational facilities contracting and construction techniques

1013.46 – Advertising and awarding contracts; pre-qualification of contractor

255.103 – Construction management or program management entities

287.055 – Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services (CCNA)

SREF (see 4.1)

Initial feedback and input from FTF and Chief Facilities Officer

Separate prequalification process from selection process

Streamline prequalification process/retain oversight

Fewer meetings Shorter process Automate where possible

Add more weight to past performance Provide industry and statutory definitions of terms Nature of services drives applicability of policy

Applicable to all construction-related selections Alignment with related policies Consistency with state statutes and best practices Possible QSEC composition changes

Building Dept Performance management

Research: Prequal and Selection in other Florida School Districts

Miami-Dade – has a contractor prequalification review committee, and a separate selection committee. Committee meets once a month, board approves only new and increases to single project amounts. Renewals and increases in aggregate included for informational purposes only. Members of the selection committee are specified in the procedures. Policy 6330 similar to 7003 and includes program management.

6334 – PREQUALIFICATION OF CONTRACTORS FOR EDUCATIONAL FACILITIES CONSTRUCTION

6330 – ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURAL, LAND SURVEYING, CONSTRUCTION MANAGEMENT, PROGRAM MANAGEMENT AND INSPECTION SERVICE

Procedures for the Selection of Construction Management (CM), CM At‐Risk and Program Management Services

Leon County - April/May 2015 - 11 new construction-related policies to enhance documentation and transparency in the district's Facilities and Construction Department. Addresses audit findings, clarifies requirements and expectations among vendors seeking to do business with the district.

Construction and Facilities website

Leon County Policies (see 6000 series) (Link to policy page)

6321 - CONSTRUCTION OF EDUCATIONAL FACILITIES 05/15 revision

6334 - PREQUALIFICATION OF CONTRACTORS FOR EDUCATIONAL FACILITIES CONSTRUCTION

6330 - SELECTION OF PROFESSIONAL SERVICE PROVIDERS FOR CONSTRUCTION PROJECTS (available from main policy page.

Research: Prequal and Selection in other Florida School Districts

Research: Industry Guides and Definitions

Industry Guides and Definitions

Construction Management Association of America Owner’s Guide to Construction and Program Man

agement (Construction Management and Program Management definitions–see pg. 1, Executive Summary)

Owner’s Guide to Project Delivery Methods (see pg. 23–Contracting and Procurement Methods)

Design-Build Institute of America Design Build – Guaranteed Maximum Price – when

applicable in best practices

Additional Research

Leon County recently developed or revised 11 facilities and construction related policies

Both Miami-Dade and Leon county policies and procedures developed in conjunction with NEOLA.

NEOLA® provides school districts with a complete service for developing and updating Board Bylaws and Policies, Administrative Guidelines/Procedures, Forms, Staff Handbooks and Student/Parent Handbooks in electronic and printed format (from NEOLA website)

Understanding the difference betweenPolicy,Process, andProcedure

Policies are the guidelines or laws that drive the processes and procedures.

Processes are a high level view. The tasks within the overall process are identified.

Procedures are the detailed series of steps required to perform an activity within a process.

Example (see handout)

http://kcggroup.com/PoliciesProcessesProcedureDifferences