SECTIONS 20650-20662 - California Statutes

PUBLIC CONTRACT CODE

SECTION 20650-20662

20650. The provisions of this article shall apply to contracts by
community college districts as provided for in Part 49 (commencing
with Section 81000) of the Education Code.

20651. (a) The governing board of any community college district
shall let any contracts involving an expenditure of more than fifty
thousand dollars ($50,000) for any of the following:
(1) The purchase of equipment, materials, or supplies to be
furnished, sold, or leased to the district.
(2) Services, except construction services.
(3) Repairs, including maintenance as defined in Section 20656,
that are not a public project as defined in subdivision (c) of
Section 22002.
The contract shall be let to the lowest responsible bidder who
shall give security as the board requires, or else reject all bids.
(b) The governing board shall let any contract for a public
project, as defined in subdivision (c) of Section 22002, involving an
expenditure of fifteen thousand dollars ($15,000) or more to the
lowest responsible bidder who shall give security as the board
requires, or else reject all bids. All bids for construction work
shall be presented under sealed cover and shall be accompanied by one
of the following forms of bidder's security:
(1) Cash.
(2) A cashier's check made payable to the community college
district.
(3) A certified check made payable to the community college
district.
(4) A bidder's bond executed by an admitted surety insurer, made
payable to the community college district.
Upon an award to the lowest bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time,
but in no event shall that security be held by the district beyond
60 days from the time the award is made.
(c) This section applies to all equipment, materials, or supplies,
whether patented or otherwise. This section shall not apply to
professional services or advice, insurance services, or any other
purchase or service otherwise exempt from this section, or to any
works done by day labor or by force account pursuant to Section
20655.
(d) Commencing January 1, 1997, the Board of Governors of the
California Community Colleges shall annually adjust the dollar
amounts specified in subdivision (a) to reflect the percentage change
in the annual average value of the Implicit Price Deflator for State
and Local Government Purchases of Goods and Services for the United
States, as published by the United States Department of Commerce for
the 12-month period ending in the prior fiscal year. The annual
adjustments shall be rounded to the nearest one hundred dollars
($100).

20651.5. (a) The governing board of any community college district
may require each prospective bidder for a contract, as described
under Section 20651, to 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 questionnaire responses
of prospective bidders and their financial statements shall not be
deemed public records and shall not be open to public inspection.
(b) Any community college 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 financially qualified to bid.
The prequalification of a prospective bidder shall neither limit nor
preclude a district's subsequent consideration of a prequalified
bidder's responsibility on factors other than the prospective bidder'
s financial qualifications.
(c) Each prospective bidder on any contract described under
Section 20651 that is subject to this section shall be furnished, by
the community college 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 deemed nonresponsive and shall be rejected. A
proposal form shall not be accepted from any person who, or other
entity which, is required to submit a completed questionnaire and
financial statement for prequalification pursuant to subdivision (a),
but who or which has not done so at least five days prior to the
date fixed for the public opening of sealed bids and has not been
prequalified, pursuant to subdivision (b), at least one day prior to
that date.

20652. Notwithstanding any other provisions of Sections 81640 to
81654, inclusive, of the Education Code, or of Sections 20651 to
20659, inclusive, of this code, the governing board of any community
college district without advertising for bids, and when that board
has determined it to be in the best interests of the district, may
authorize by contract, lease, requisition, or purchase order, any
public corporation or agency, including any county, city, town, or
district, to lease data-processing equipment, purchase materials,
supplies, equipment, automotive vehicles, tractors, and other
personal property for the district in the manner in which the public
corporation or agency is authorized by law to make the leases or
purchases. Upon receipt of any such personal property, provided the
property complies with the specifications set forth in the contract,
lease, requisition, or purchase order, the community college district
may draw a warrant in favor of the public corporation or agency for
the amount of the approved invoice, including the reasonable costs to
the public corporation or agency for furnishing the services
incidental to the lease or purchase of the personal property.

20653. Nothing in this code shall preclude the governing board of
any community college district from purchasing materials, equipment
or supplies through the Department of General Services pursuant to
Section 14814 of the Government Code.

20654. (a) In an emergency when any repairs, alterations, work, or
improvement is necessary to any facility of the college, or to permit
the continuance of existing college classes, or to avoid danger to
life or property, the board may by unanimous vote, with the approval
of the county superintendent of schools, do either of the following:
(1) Make a contract in writing or otherwise on behalf of the
district for the performance of labor and furnishing of materials or
supplies for the purpose without advertising for or inviting bids.
(2) Notwithstanding Section 20655, authorize the use of day labor
or force account for the purpose.
(b) Nothing in this section shall eliminate the need for any bonds
or security otherwise required by law.

20655. (a) In each community college district, the governing board
may make repairs, alterations, additions, or painting, repainting, or
decorating upon school buildings, repair or build apparatus or
equipment, make improvements on the school grounds, erect new
buildings, and perform maintenance as defined in Section 20656 by day
labor, or by force account, whenever the total number of hours on
the job does not exceed 350 hours. Moreover, in any district whose
number of full-time equivalent students is 15,000 or greater, the
governing board may, in addition, make repairs to school buildings,
grounds, apparatus, or equipment, including painting or repainting,
and perform maintenance, as defined in Section 20656, by day labor or
by force account whenever the total number of hours on the job does
not exceed 750 hours, or when the cost of materials does not exceed
twenty-one thousand dollars ($21,000).
(b) For purposes of this section, day labor shall include the use
of maintenance personnel employed on a permanent or temporary basis.

20656. For purposes of Section 20655, "maintenance" means routine,
recurring, and usual work for the preservation, protection and
keeping of any publicly owned or publicly operated facility for its
intended purposes in a safe and continually usable condition for
which it was designed, improved, constructed, altered or repaired.
"Facility" means any plant, building, structure, ground facility,
utility system, or real property.
This definition of "maintenance" expressly includes, but is not
limited to: carpentry, electrical, plumbing, glazing, and other craft
work designed consistent with the definition set forth above to
preserve the facility in a safe, efficient, and continually usable
condition for which it was intended, including repairs, cleaning, and
other operations on machinery and other equipment permanently
attached to the building or realty as fixtures.
This definition does not include, among other types of work,
janitorial or custodial services and protection of the sort provided
by guards or other security forces.
It is the intent of the Legislature that this definition does not
include painting, repainting, or decorating other than touchup, but
instead it is the intent of the Legislature that such activities be
controlled directly by the provisions of Section 20655.

20657. It shall be unlawful to split or separate into smaller work
orders or projects any work, project, service, or purchase for the
purpose of evading the provisions of this article requiring
contracting after competitive bidding.
The district shall maintain job orders or similar records
indicating the total cost expended on each project in accordance with
the procedures established in the most recent edition of the
California Community College Budget and Accounting Manual for a
period of not less than three years after completion of the project.
Informal bidding may be used on work, projects, services, or
purchases that cost up to the limits set forth in this article. For
the purpose of securing informal bids, the board shall publish
annually in a newspaper of general circulation published in the
district, or if there is no such newspaper, then in some newspaper in
general circulation in the county, a notice inviting contractors to
register to be notified of future informal bidding projects. All
contractors included on the informal bidding list shall be given
notice of all informal bid projects, in any manner as the district
deems appropriate.

20658. The governing board of any community college district may by
majority vote authorize its district superintendent, or such person
as he or she may designate, to expend up to two hundred fifty dollars
($250) per transaction for work done, compensation for employees or
consultants, and purchases of equipment, supplies, or materials.
Ratification by the governing board shall not be required with
respect to transactions entered into pursuant to this section. In the
event of malfeasance in office, the district official invested by
the governing board with authority to act under this section shall be
personally liable for any and all moneys of the district paid out as
a result of such malfeasance.

20659. If any change or alteration of a contract governed by the
provisions of this article is ordered by the governing board of the
community college district, such change or alteration shall be
specified in writing and the cost agreed upon between the governing
board and the contractor. The board may authorize the contractor to
proceed with performance of the change or alteration without the
formality of securing bids, if the cost so agreed upon does not
exceed the greater of:
(a) The amount specified in Section 20651 or 20655, whichever is
applicable to the original contract; or
(b) Ten percent of the original contract price.

20660. Perishable food stuffs and seasonal commodities needed in
the operation of cafeterias and food services may be purchased by a
community college district in accordance with rules and regulations
for the purchase adopted by the governing board of that district,
notwithstanding any provisions of this code in conflict with the
rules and regulations.

20661. (a) The Chancellor of the California Community Colleges is
authorized to enter into a contract on behalf of one or more
community college districts, subject to the following restrictions:
(1) No district may be required to participate in any contract
entered into pursuant to this section.
(2) The cost to each district that is a party to or a beneficiary
of a contract entered into pursuant to this section must be lower
than the cost the district could obtain through its standard
contracting procedures. No contract for the procurement of goods or
services may be made when a bid has been received by a participating
district for the procurement of the same goods or services unless the
contract would result in a lower price for the goods or services
upon the same terms, conditions, and specifications.
(3) The state shall not incur any financial responsibility in
connection with a contract entered into pursuant to this section.
(b) The Chancellor of the California Community Colleges is
authorized to charge a fee, commission, or other charge to either or
both of the following:
(1) Each provider of goods or services under a contract entered
into pursuant to this section.
(2) Each community college district that the chancellor enters
into a contract on behalf of pursuant to this section.
(c) On or before January 1, 2001, the Chancellor of the California
Community Colleges shall report to the Legislature and the Governor
on contracts entered into pursuant to this section and any resultant
cost savings.
(d) The Board of Governors of the California Community Colleges
shall adopt regulations to implement this section.

20662. The Chancellor of the California Community Colleges is
authorized to enter into a contract or other agreement with the
governing board of any community college district whereby the
district performs services or acts as a fiscal agent on behalf of the
California Community colleges. This section shall apply only when
the funds for the contract or agreement are in satisfaction of the
state obligation to provide funding pursuant to Section 8 of Article
XVI of the California Constitution.