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AB-2987 Local agency public contracts: bidding procedures.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB2987:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2987

Introduced by Assembly Member Flora

February 21, 2020

An act to amend Sections 22037 and 22042.5 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2987, as introduced, Flora. Local agency public contracts: bidding procedures.
The Uniform Public Construction Cost Accounting Act authorizes a public agency to elect to become subject to uniform construction cost accounting procedures. The act authorizes bidding procedures for public projects, as specified. Those bidding procedures include procedures for the publication or posting and electronic transmission of notice inviting formal bids.
This bill would authorize a public agency, as an alternative to the publication or posting requirement, to meet the notice inviting formal bids requirement by transmitting notice electronically, as specified, and publishing the notice electronically in a prescribed manner on the public agency’s internet website at least 14 calendar days before the date of opening the bids.
The act creates the California Uniform Construction Cost Accounting Commission, to fulfill certain duties, including recommending for adoption by the Controller uniform construction cost accounting procedures for implementation by public agencies in the performance of, or in contracting for, construction on public projects. The act authorizes the commission to review practices of any participating public agency where an interested party presents evidence that the public agency is not in compliance with requirements to enact a prescribed informal bidding ordinance to govern the selection of contractors to perform public projects.
This bill would also require the commission to review noncompliance with the notice inviting formal bid requirements described above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 22037 of the Public Contract Code is amended to read:

22037.
 (a) Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The
(b) The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the jurisdiction of the public agency; or, if there is no newspaper printed and published within the jurisdiction of the public agency, in a newspaper of general circulation which is circulated within the jurisdiction of the public agency, or, if there is no newspaper which is circulated within the jurisdiction of the public agency, publication shall be by posting the notice in at least three places within the jurisdiction of the public agency as have been designated by ordinance or regulation of the public agency as places for the posting of its notices. The
(c) The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in Section 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids. In addition to notice required by this section, the public agency may give such other notice as it deems proper.
(d) (1) As an alternative to the public notice requirement described in subdivision (b), the notice inviting formal bids requirement of this section may instead be met by meeting the requirements of subdivision (c) and publishing the notice electronically on the public agency’s internet website at least 14 calendar days before the date of opening the bids.
(2) To be eligible to use the alternative notice procedure provided in paragraph (1), the public agency shall publish a link to the agency’s public notices for invitation to bid on the agency’s primary internet website home page that is accessible through a prominent, direct link that is open to the public.

SEC. 2.

 Section 22042.5 of the Public Contract Code is amended to read:

22042.5.
 The commission shall review practices of any participating public agency where an interested party presents evidence that the public agency is not in compliance with Section 22034. 22034 or 22037.