Lease-Leaseback

Policy 2-305

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Lease-Leaseback

Policy 2-305

 

Scope:

This policy applies to District lease-leaseback procurement for school facilities projects and related preconstruction and construction services authorized by California Education Code section 17406 and other applicable law.

  1. 1. Generally 

 

The Governing Board shall ensure that lease-leaseback procurement is conducted in a manner that:

  1. 2. Compliance with Law 

All lease-leaseback instruments and related procurement activities shall comply with applicable law, including:

  1. 3. Purchasing Authority 

The Governing Board delegates to the Superintendent or designee the authority to administer the lease-leaseback procurement process, including to:

Final approval of any lease-leaseback site lease, facilities lease, construction services agreement, preconstruction services agreement, or related amendment requiring Board action shall remain with the Governing Board.

  1. 4. Competitive Bidding Requirements: 

Lease-leaseback instruments shall be awarded through a competitive solicitation process based on best value to the District, taking into consideration the proposer’s demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required.

Before awarding a lease-leaseback instrument, the Governing Board shall adopt and publish procedures and guidelines for evaluating proposers to ensure that best value selections are conducted in a fair and impartial manner.

The District’s lease-leaseback procurement process shall include, at a minimum:

The District shall publicly announce the selected proposer and make the basis for the best value selection available as required by law.

  1. 5. Contract Approval 

Contracts requiring Governing Board approval shall be reviewed and approved in a public meeting in accordance with applicable laws and Board procedures.

Contracts executed on behalf of the District shall be legally binding only when authorized in accordance with this policy and applicable law.

 

Administrative Regulations

The Superintendent or designee shall develop and implement administrative procedures for lease-leaseback procurement that ensure compliance with Board policy, Education Code section 17406, and other applicable law.

Administrative procedures shall address project planning, use of preconstruction services, coordination of site lease and facilities lease documents, internal review, and documentation of the District’s best value procurement process.

The Superintendent or designee shall establish procedures that define:

All lease-leaseback instruments and related agreements shall be approved and executed only by individuals authorized to do so.

The lease-leaseback procurement process shall utilize a competitive best value solicitation. Requests for sealed proposals shall, at a minimum, include an estimate of project price, a clear description of the facilities to be constructed and any required preconstruction services, the material terms of the proposed instrument, the proposal format, evaluation standards, the due date for proposals, and the anticipated review schedule.

Best value criteria may be tailored to the specific project, but should be objective, published in advance, and reasonably related to the proposer’s ability to successfully deliver the project. Suggested criteria may include:

Procedures shall ensure that:

The District shall not use a lease-leaseback instrument to avoid otherwise applicable legal requirements and shall maintain records sufficient to demonstrate compliance with law and Board policy.