Today's Law As Amended

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AB-2488 School facilities: task order procurement contracting: Los Angeles Unified School District.(2017-2018)

As Amends the Law Today
As Amends the Law on Nov 08, 2018


 Article 3.1 (commencing with Section 20118.5) is added to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to read:

Article  3.1. Task Order Contracting for School Districts
 (a) It is the intent of the Legislature to enable school districts to use cost-effective options for renovating and repairing school facilities and grounds.
(b) It is the intent of the Legislature to provide an optional alternative procedure for bidding on these projects. It is the intent of the Legislature that the task order procurement method improve contract efficiencies and reduce the general fund impact to school districts by reducing contract delays producing a savings in both contract costs and administration.
(c) It is the intent of the Legislature that task order contracts be competitively bid for and awarded to the bidders providing the most qualified responsive bids.
 (a) Notwithstanding any other provisions of this chapter, the governing board of a school district may award multiple task order procurement contracts for the repair and renovation of school buildings and grounds, each not exceeding three million dollars ($3,000,000) through a single request for bid. For purposes of this article, task order procurement contracts may include, but are not limited to, services, repairs, including maintenance, and construction, as authorized in Section 20111, paid for with moneys from the school district’s general fund. The contracts shall be awarded to the lowest responsible bidder, and shall be based primarily on plans and specifications for typical work.
(b) For purposes of this section, “school district” means the Los Angeles Unified School District.
(c) Prior to entering into a contract under this section, a school district shall ensure that it is in compliance with Section 45103.1 of the Education Code.
(d) Task order procurement contracts may only be awarded to supplement existing personnel and shall not be used to supplant existing personnel.
(e) A school district may utilize task order procurement contracting pursuant to this article only if the school district has entered into a project labor agreement or agreements that meet the requirements of Section 2500 for all its public works projects.
 (a) (1) A school district that uses the task order procurement contracting method pursuant to this article shall, no later than January 15, 2023, submit to the appropriate policy and fiscal committees of the Legislature a report on the use of the task order procurement contracting method. The report shall be prepared by an independent third party and the school district shall pay for the cost of the report.
(2) The report shall include, but is not limited to, the following information:
(A) A description of the projects awarded using the task order procurement contracting method.
(B) The contract award amounts.
(C) The task order contractors awarded the projects.
(D) A description of any written protests concerning any aspect of the solicitation, bid, or award of the task order procurement contracts, including the resolution of the protests.
(E) A description of the prequalification process.
(F) If a project awarded under this article has been completed, an assessment of the project performance, including, but not limited to, a summary of any delays or cost increases.
(b) Pursuant to Section 10231.5 of the Government Code, this section is inoperative on January 1, 2024.
 Except as otherwise provided in this article, the task order procurement contracting method is not intended to change any guideline, criterion, procedure, or requirement of the governing board of the school district to let a contract for a project to the lowest responsible bidder or else reject all bids.
 This article shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.
SEC. 2.
 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to establish a pilot project for the Los Angeles Unified School District to determine the potential benefits and consequences of using task order procurement contracting to facilitate infrastructure improvements and ease fiscal impacts.
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.