Bill Text: CA SB600 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public contracts: school districts: bidding requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-08-25 - Set, second hearing. Held in committee and under submission. [SB600 Detail]

Download: California-2011-SB600-Amended.html

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BILL NUMBER: SB 600	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 11, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Rubio

                        FEBRUARY 17, 2011

   An act to amend Section 20111.5 of, and to add Section 20111.6 to,
the Public Contract Code, relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 600, as amended, Rubio. Public contracts: school districts:
bidding requirements.
   Under existing law, the governing board of a school district may
require each prospective bidder for specified contracts to submit a
standardized questionnaire and financial statement, including
information relating to financial ability and experience in
performing public works, which is required to be verified under oath.
Existing law further requires a school district requiring the above
information to adopt and apply a uniform system of rating bidders on
the basis of the completed questionnaires and financial statements,
as specified.
   This bill would require the questionnaire and uniform system of
rating bidders described above to contain, at a minimum,
substantially similar information, questions, and requirements as
that of the standardized questionnaire and model guidelines for
rating bidders developed by the Department of Industrial Relations,
as specified. This bill would provide that the questionnaire and
uniform system of rating bidders described above shall not preclude
the governing board of the district from prequalifying or
disqualifying a subcontractor.  This bill would provide that
these provisions shall not apply to school districts with an average
daily attendance of less than 2,500. 
   This bill would also require the governing board of the district,
 except for school districts with an average daily attendance of
less than 2,500,  for certain public projects, if the governing
board of the district chooses not to follow the uniform system of
rating bidders described above, to use other procedures, which
require a standardized questionnaire and financial statement to be
verified under oath, for bidding applicable to public entities, as
prescribed. By expanding the scope of an existing crime and by
imposing new duties on local officials, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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
contain, at a minimum, substantially similar information, questions,
and requirements as that of the standardized questionnaire and model
guidelines for rating bidders developed by the Department of
Industrial Relations pursuant to subdivision (a) of Section 20101.
   (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.
   (e) A proposal form required pursuant to subdivision (d) 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.
   (f) Notwithstanding subdivision (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) Nothing in this section shall 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. 
  SEC. 2.  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 required to be listed in a bid pursuant to Section
4104. 
   (d) This section shall not apply to a school district with an
average daily attendance of less than 2,500. 
  SEC. 3.  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.