SECTIONS 22030-22045 - California Statutes

PUBLIC CONTRACT CODE

SECTION 22030-22045

22030. This article applies only to a public agency whose governing
board has by resolution elected to become subject to the uniform
construction cost accounting procedures set forth in Article 2
(commencing with Section 22010) and which has notified the Controller
of that election. In the event of a conflict with any other
provision of law relative to bidding procedures, this article shall
apply to any public agency which has adopted a resolution and so
notified the Controller.

22031. Nothing in this article shall prohibit a board of
supervisors or a county road commissioner from utilizing, as an
alternative to the procedures set forth in this article, the
procedures set forth in Article 25 (commencing with Section 20390) of
Chapter 1.

22032. (a) Public projects of thirty thousand dollars ($30,000) or
less may be performed by the employees of a public agency by force
account, by negotiated contract, or by purchase order.
(b) Public projects of one hundred twenty-five thousand dollars
($125,000) or less may be let to contract by informal procedures as
set forth in this article.
(c) Public projects of more than one hundred twenty-five thousand
dollars ($125,000) shall, except as otherwise provided in this
article, be let to contract by formal bidding procedure.

22033. It shall be unlawful to split or separate into smaller work
orders or projects any project for the purpose of evading the
provisions of this article requiring work to be done by contract
after competitive bidding.

22034. Each public agency that elects to become subject to the
uniform construction accounting procedures set forth in Article 2
(commencing with Section 22010) shall enact an informal bidding
ordinance to govern the selection of contractors to perform public
projects pursuant to subdivision (b) of Section 22032. The ordinance
shall include all of the following:
(a) The public agency shall maintain a list of qualified
contractors, identified according to categories of work. Minimum
criteria for development and maintenance of the contractors list
shall be determined by the commission.
(b) All contractors on the list for the category of work being bid
or all construction trade journals specified in Section 22036, or
both all contractors on the list for the category of work being bid
and all construction trade journals specified in Section 22036, shall
be mailed a notice inviting informal bids unless the product or
service is proprietary.
(c) All mailing of notices to contractors and construction trade
journals pursuant to subdivision (b) shall be completed not less than
10 calendar days before bids are due.
(d) The notice inviting informal bids shall describe the project
in general terms and how to obtain more detailed information about
the project, and state the time and place for the submission of bids.
(e) The governing body of the public agency may delegate the
authority to award informal contracts to the public works director,
general manager, purchasing agent, or other appropriate person.
(f) If all bids received are in excess of one hundred twenty-five
thousand dollars ($125,000), the governing body of the public agency
may, by adoption of a resolution by a four-fifths vote, award the
contract, at one hundred thirty-seven thousand five hundred dollars
($137,500) or less, to the lowest responsible bidder, if it
determines the cost estimate of the public agency was reasonable.

22035. (a) In cases of emergency when repair or replacements are
necessary, the governing body may proceed at once to replace or
repair any public facility without adopting plans, specifications,
strain sheets, or working details, or giving notice for bids to let
contracts. The work may be done by day labor under the direction of
the governing body, by contractor, or by a combination of the two.
(b) In case of an emergency, if notice for bids to let contracts
will not be given, the public agency shall comply with Chapter 2.5
(commencing with Section 22050).

22035.5. In counties that are under court order to relieve justice
facility overcrowding, the procedures and restrictions specified in
Section 20134 shall apply to all contracts issued under this chapter.

22036. The commission shall determine, on a county-by-county basis,
the appropriate construction trade journals which shall receive
mailed notice of all informal and formal construction contracts being
bid for work within the specified county.

22037. Notice inviting formal bids shall state the time and place
for the receiving and opening of sealed bids and distinctly describe
the project. 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
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.

22038. (a) In its discretion, the public agency may reject any bids
presented, if the agency, prior to rejecting all bids and declaring
that the project can be more economically performed by employees of
the agency, furnishes a written notice to an apparent low bidder. The
notice shall inform the bidder of the agency's intention to reject
the bid and shall be mailed at least two business days prior to the
hearing at which the agency intends to reject the bid. If after the
first invitation of bids all bids are rejected, after reevaluating
its cost estimates of the project, the public agency shall have the
option of either of the following:
(1) Abandoning the project or readvertising for bids in the manner
described by this article.
(2) By passage of a resolution by a four-fifths vote of its
governing body declaring that the project can be performed more
economically by the employees of the public agency, may have the
project done by force account without further complying with this
article.
(b) If a contract is awarded, it shall be awarded to the lowest
responsible bidder. If two or more bids are the same and the lowest,
the public agency may accept the one it chooses.
(c) If no bids are received through the formal or informal
procedure, the project may be performed by the employees of the
public agency by force account, or negotiated contract without
further complying with this article.

22039. The governing body of the public agency shall adopt plans,
specifications, and working details for all public projects exceeding
the amount specified in subdivision (c) of Section 22032.

22040. Any person may examine the plans, specifications, or working
details, or all of these, adopted by the public agency for any
project.

22041. This article does 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 of Part 1 of 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 those camps, ranches, or homes.

22042. The commission shall review the accounting procedures of any
participating public agency where an interested party presents
evidence that the work undertaken by the public agency falls within
any of the following categories:
(a) Is to be performed by a public agency after rejection of all
bids, claiming work can be done less expensively by the public
agency.
(b) Exceeded the force account limits.
(c) Has been improperly classified as maintenance.

22043. (a) In those circumstances set forth in subdivision (a) of
Section 22042, a request for commission review shall be in writing,
sent by certified or registered mail received by the commission
postmarked not later than eight business days from the date the
public agency has rejected all bids.
(b) In those circumstances set forth in subdivision (b) or (c) of
Section 22042, a request for commission review shall be by letter
received by the commission not later than eight days from the date an
interested party formally complains to the public agency.
(c) The commission review shall commence immediately and conclude
within the following number of days from the receipt of the request
for commission review:
(1) Forty-five days for a review that falls within subdivision (a)
of Section 22042.
(2) Ninety days for a review that falls within subdivision (b) or
(c) of Section 22042.
(d) During the review of a project that falls within subdivision
(a) of Section 22042, the agency shall not proceed on the project
until a final decision is received by the commission.

22044. The commission shall prepare written findings. Should the
commission find that the provisions of this chapter or of the uniform
cost accounting procedures provided for in this chapter were not
complied with by the public agency, the following steps shall be
implemented by that agency:
(a) On those projects set forth in subdivision (a) of Section
22042, the public agency has the option of either (1) abandoning the
project, or (2) awarding the project to the lowest responsible
bidder.
(b) On those projects set forth in subdivision (b) or (c) of
Section 22042, the public agency shall present the commission's
findings to its governing body and that governing body shall conduct
a public hearing with regard to the commission's findings within 30
days of receipt of the findings.

22044.5. If the commission makes a finding, in accordance with
Section 22043, on three separate occasions within a 10-year period,
that the work undertaken by a public agency falls within any of the
categories described in Section 22042, the commission shall notify
the public agency of that finding in writing by certified mail and
the public agency shall not use the bidding procedures provided by
this article for five years from the date of the commission's
findings.

22045. (a) No later than January 1, 1985, the commission shall
recommend, for adoption by the Controller, written procedures
implementing the accounting procedures review provided for in this
article.
(b) The Controller shall, upon receipt of the commission's
recommendation, review and evaluate the recommended procedures and
either formally adopt or reject the recommended procedures within 90
days of submission of the commission.