Today's Law As Amended


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AB-251 Public contracts: school districts: bidding requirements.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 20111.5 of the Public Contract Code is amended to read:

20111.5.
 (a) The governing board of the district may require that each prospective bidder for a contract, as described under Section 20111, complete and submit to the district a standardized questionnaire and financial statement in a form specified by the district, including a complete statement of the prospective bidder’s financial ability and experience in performing public works. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection.
(b) Any school district requiring prospective bidders to complete and submit questionnaires and financial statements, as described in subdivision (a), shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, in order to determine the size of the contracts upon which each bidder shall be deemed qualified to bid.
(c) The questionnaire described in subdivision (a), and the uniform system of rating bidders described in subdivision (b), shall cover, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations pursuant to subdivision (a) of Section 20101.
(c) (d)  Each prospective bidder on any contract described under Section 20111 shall be furnished by the school district letting the contract with a standardized proposal form that, when completed and executed, shall be submitted as his or her bid. Bids not presented on the forms so furnished shall be disregarded.
(d) (e)  A proposal form required pursuant to subdivision (c) (d)  shall not be accepted from any person or other entity who that  is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (a), but has not done so at least five days prior to the date fixed for the public opening of sealed bids or has not been prequalified, pursuant to subdivision (b), for at least one day prior to that date.
(e) (f)  Notwithstanding subdivision (d), (e),  any school district may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly basis and may authorize that prequalification to be considered valid for up to one calendar year following the date of initial prequalification.
(g) This section shall not preclude the governing board of the district from prequalifying or disqualifying a subcontractor. The disqualification of a subcontractor by the governing board of the district does not disqualify an otherwise prequalified contractor.
(h) The amendments made by the act adding this subdivision shall not apply to a school district with an average daily attendance of less than 2,500.
(i) This section shall become inoperative on January 1, 2018, and, as of July 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before July 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 2.

 Section 20111.5 is added to the Public Contract Code, to read:

20111.5.
 (a) The governing board of the district may require that each prospective bidder for a contract, as described under Section 20111, complete and submit to the district a standardized questionnaire and financial statement in a form specified by the district, including a complete statement of the prospective bidder’s financial ability and experience in performing public works. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection.
(b) Any school district requiring prospective bidders to complete and submit questionnaires and financial statements, as described in subdivision (a), shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, in order to determine the size of the contracts upon which each bidder shall be deemed qualified to bid.
(c) Each prospective bidder on any contract described under Section 20111 shall be furnished by the school district letting the contract with a standardized proposal form that, when completed and executed, shall be submitted as his or her bid. Bids not presented on the forms so furnished shall be disregarded.
(d) A proposal form required pursuant to subdivision (c) shall not be accepted from any person or other entity that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (a), but has not done so at least five days prior to the date fixed for the public opening of sealed bids or has not been prequalified, pursuant to subdivision (b), for at least one day prior to that date.
(e) Notwithstanding subdivision (d), any school district may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly basis and may authorize that prequalification to be considered valid for up to one calendar year following the date of initial prequalification.
(f) This section shall become operative on January 1, 2018.

SEC. 3.

 Section 20111.6 is added to the Public Contract Code, to read:

20111.6.
 (a) This section shall apply only to public projects, as defined in subdivision (c) of Section 22002, for which the governing board of the district uses funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code) for a public project.
(b) If the governing board of the district does not utilize the procedures set forth in Section 20111.5 for a contract meeting the criteria of subdivision (a), then the governing board of the district shall use the procedures for qualification of bidders set forth in Section 20101.
(c) For purposes of this section, bidders shall include all subcontractors performing work in excess of 3 percent of the total cost.
(d) This section shall not apply to a school district with an average daily attendance of less than 2,500.
(e) This section shall apply only to contracts awarded on or after January 1, 2013.
(f) On or before January 1, 2017, the Director of Industrial Relations shall (1) submit a report to the Legislature evaluating whether, during the years this section has applied to contracts, violations of the Labor Code on school district projects have decreased as compared to the same number of years immediately preceding the enactment of this section, and (2) recommend improvements to the system for prequalifying contractors and subcontractors on school district projects.
(g) This section shall become inoperative on January 1, 2018, and, as of July 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before July 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.