CALIFORNIA STATUTES AND CODES
SECTIONS 20150-20150.14
PUBLIC CONTRACT CODE
SECTION 20150-20150.14
20150. The provisions of this article shall apply to contracts by
counties of 500,000 or less population as provided for in Part 2
(commencing with Section 25000) of Division 2 of Title 3 of the
Government Code.
20150.1. (a) Notwithstanding any other provision of law, except as
provided in subdivision (b), every county, whether general law or
charter, containing a population of less than 500,000 shall employ
bidding procedures on public projects as provided in this article.
This article shall be liberally construed to effect its purposes. In
the event of conflict with any other provision of law relative to
bidding procedures, the provisions of this article shall apply.
(b) Every county, whether general law or charter, containing a
population of less than 500,000 is authorized to participate in the
Uniform Public Construction Cost Accounting Act under Chapter 2
(commencing with Section 22000) of Part 3 of Division 2.
20150.2. As used in this article, "public project" means:
(a) A project for the erection, improvement, and repair of public
buildings and works.
(b) Work in or about streams, bays, waterfronts, embankments, or
other work for protection against overflow, except maintenance,
repair, or reconstruction work.
(c) Supplies and materials used in maintenance, repair, or
reconstruction work in or about streams, bays, waterfronts,
embankments; or other maintenance, repair, or reconstruction work for
protection against overflow.
The provisions of this article shall not change existing law
regarding inclusion or exclusion of labor or materials used for
completion of the project.
Except for the erection, improvement and repair of public
buildings, the construction of dams, reservoirs, powerplants and
electrical transmission lines of 230,000 volts and higher, nothing in
this article shall apply to a publicly owned water, power or waste
disposal system.
20150.3. Expenditures for public projects shall not include the
costs of:
(a) Equipment, supplies and materials acquired by a public agency
to enable the timely completion of a public project as defined in
subdivision (c) of Section 20150.2 let to a contractor.
(b) Plans, specifications, engineering and advertising required
for public projects.
20150.4. Public projects between four thousand dollars ($4,000) and
ten thousand dollars ($10,000) shall be let to contract by informal
or formal bidding procedures.
Public projects of ten thousand dollars ($10,000) and more shall,
in all instances, be let to contract by formal bidding procedure.
20150.5. Each county shall adopt ordinances or regulations
providing for formal and informal bidding procedures as required by
this article for public projects conducted by such county.
20150.6. Ordinances or regulations establishing informal bidding
procedures shall provide that the county shall, as soon as is
practicable after the time for the renewal of contractors' licenses,
notify each contractor of the county of the opportunity to register
with the county to be subsequently notified of informal bidding
proceedings. The list of such contractors shall be a public record.
20150.7. The notice inviting informal bids shall be by published
notice and may, in addition, be supplemented by mailed notice to
contractors registered pursuant to Section 20150.6. The county may
cause the notice to be printed as display advertising in such form
and style as it deems appropriate. The notice shall describe in
general terms the project to be done and state a closing date for
submission of such informal bids. Publication of notice pursuant to
this section shall be in a newspaper of general circulation printed
and published within the jurisdiction of the county, or, if there is
no such newspaper within the jurisdiction of the county, publication
shall be made in a newspaper of general circulation which is
circulated in the jurisdiction of the county, or, if there is no such
publication, the notice shall be posted in at least three public
places within the jurisdiction of the county as have been designated
by ordinance or regulation of such county as places for the posting
of its notices. Notice shall be published in accordance with Section
6061 of the Government Code and shall be completed at least 24 hours
before the time scheduled for opening of the bids.
In addition to notice published in a newspaper of general
circulation, mailed, or posted, pursuant to this section, the county
may also publish notice inviting bids in a trade publication.
20150.8. The notices inviting formal bids shall state the time and
place for the receiving and opening of sealed bids and distinctly
state the project to be done. The first publication or posting of the
notice shall be at least 10 days before the date of opening the
bids. Notice shall be published at least twice, not less than five
days apart, in a newspaper of general circulation, printed and
published in the jurisdiction of the county, or, if there is no such
newspaper within the jurisdiction of the county, publication shall be
made in a newspaper of general circulation which is circulated in
the jurisdiction of the county, or, if there is no such publication,
the notice shall be posted in at least three public places within the
jurisdiction of the county as have been designated by ordinance or
regulation of such county as places for the posting of its notices.
In addition to notice published in a newspaper of general
circulation, mailed, or posted, pursuant to this section, the county
may also publish notice inviting bids in a trade publication.
20150.9. In its discretion, the county may reject any bids
presented. If, after the first invitation for bids, all bids are
rejected, after reevaluating its cost estimates of the project, the
county shall abandon the project or shall readvertise for bids in the
manner prescribed by this article. If after readvertising, the
county rejects all bids presented, the county may proceed with the
project by use of county personnel or may readvertise. If two or more
bids are the same and the lowest, the county may accept the one it
chooses. If no bids are received, the county may have the project
done without further complying with this article.
20150.10. Notwithstanding the provisions of Section 20150.9, on any
project which is less than seventy-five thousand dollars ($75,000),
if, after the first invitation for bids, all bids are rejected, the
county may, after reevaluating its cost estimates of the project,
pass a resolution by a four-fifths vote of its board of supervisors
declaring that the project can be performed more economically by
county personnel, or that in its opinion a contract to perform the
project can be negotiated with the original bidders at a lower price
than that in any of the bids, or the materials or supplies furnished
at a lower price in the open market. Upon adoption of the resolution,
it may have the project done in the manner stated without further
complying with this article.
20150.11. It shall be unlawful to split or separate into smaller
work orders or projects any public project for the purpose of evading
the provisions of this article requiring public projects to be done
by contract after bidding. Every person who willfully violates this
provision of this section is guilty of a misdemeanor.
20150.12. The board of supervisors of the county shall adopt plans,
specifications, and working details for all public projects the
expenditure for which exceeds ten thousand dollars ($10,000).
20150.13. All bidders on public projects which exceed ten thousand
dollars ($10,000) in cost, shall be afforded the opportunity to
examine the plans, specifications, and working details for the
project.
20150.14. The provisions of this article shall not apply to the
construction of any public building used for facilities of juvenile
forestry camps or juvenile homes, ranches, or camps established under
Article 15 (commencing with Section 880) of Chapter 2, Part 1,
Division 2 of the Welfare and Institutions Code, if a major portion
of the construction work is to be performed by wards of the juvenile
court assigned to such camps, ranches, or homes; or to public
projects employing prisoners pursuant to Section 25359 of the
Government Code and public projects involving persons engaged in
federal, state, or county job or work training programs.