§ 22172.3. — 22172.3. (Added by Stats. 2022, Ch. 243, Sec. 1.)

(a)
The local agency, in each design-build request for qualifications, may identify specific types of subcontractors that shall be included in the design-build entity’s statement of qualifications. All construction subcontractors that are identified in the statement of qualifications shall be afforded the protections of Chapter 4 (commencing with Section 4100) of Part 1.
(b)
Following award of the design-build contract, except for those construction subcontractors listed in the statement of qualifications, the design-build entity shall proceed as listed in this subdivision in awarding construction subcontracts with a value exceeding one-half of 1 percent of the
contract price allocable to construction work for projects with a contract value of greater than or equal to ten million dollars ($10,000,000).
(1)
Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the local agency, including a fixed date and time on which qualifications statements, bids, or proposals will be due.
(2)
Establish reasonable qualification criteria and standards.
(3)
Award the subcontract on a best value basis. The process may include prequalification or short-listing.
(c)
Subcontractors awarded construction subcontracts under this
subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1.
(d)
A construction subcontractor licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code that provides design services used on a project authorized by this chapter shall not be subject to any liability arising from their design if the construction subcontract for that design is not performed by that subcontractor.

Legislative History

Added by Stats. 2022, Ch. 243, Sec. 1. (SB 991) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Section 22174.