{"code":"PCC","codeName":"Public Contract Code","section":"22172.3","citation":"Pub. Contract Code, § 22172.3","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 2. GENERAL PROVISIONS [1100. - 22355.]","url":"https://blackletter.si/public-contract-code/division-2"},{"name":"PART 3. CONTRACTING BY LOCAL AGENCIES [20100. - 22199.6.]","url":"https://blackletter.si/public-contract-code/division-2/part-3"},{"name":"CHAPTER 4.1. Local Agency Progressive Design-Build Contracting [22170. - 22174.]","url":"https://blackletter.si/public-contract-code/division-2/part-3/chapter-4.1"}],"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   Repealed as of January 1, 2029, pursuant to Section 22174.","effective":"2023-01-01","html":"<p>(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 <a href=\"/pcc/4100\">4100</a>) of Part 1.</p><p>(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).</p><p>(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.</p><p>(2) Establish reasonable qualification criteria and standards.</p><p>(3) Award the subcontract on a best value basis. The process may include prequalification or short-listing.</p><p>(c) Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section <a href=\"/pcc/4100\">4100</a>) of Part 1.</p><p>(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.</p>","text":"(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.","otherVersions":[],"url":"https://blackletter.si/public-contract-code/local-agency-progressive-design-build-contracting-22172-3","source":"California Legislative Information bulk export (pubinfo)"}