Public Contract Code

Part 4 of 9 · provisions 601–800

This section says the public contract code is intended to make public contract law clearer, easier to find, and better aligned with competitive bidding rules.

Jurisdiction: United States — California
Instrument: Code
Citation: PCC
Version: Undated source snapshot
Language: en
Official source: View official record ↗
Complete work: View statute overview

IT acquisition IT goods and services IT goods and services procurement IT procurement Iran contracting certification Iran-related contracting Iran-related contracting restrictions Iran-related screening RFQ process Year 2000 compliance accessibility standards accounting act accounting procedures acquisition acquisition lists acquisition procedures acquisition standards administrative costs administrative procedures administrative review advertisement exemption advertising advertising for bids agency approval +1,313 more

Statute overview

About this statute

This section says the public contract code is intended to make public contract law clearer, easier to find, and better aligned with competitive bidding rules. This chapter may be cited as the State Contract Act. Some contracts are exempt from this chapter: contracts to buy supplies or materials under Chapter 2, and contracts needing emergency work or remedial measures to deal with toxic substance releases and protect the public. Certain improvements on state waterfront property in San Francisco, under the San Francisco Port Commission, are excluded from this chapter. Work performed by prisoners under an order from the Secretary of the Department of Corrections and Rehabilitation or the California Correctional Training and Rehabilitation Authority is not subject to this chapter. For prison construction projects or additions, the total cost may not exceed $50,000 unless first approved by the State Public Works Board.

Read the provisions Ask with citations

Search within this statute

Search all stored provisions in this version.

Legal text

Provisions of Public Contract Code

Showing 200 of 1,624

20150.13.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )
Verify source ↗

Bidders on public projects over $10,000 must be allowed to inspect the project plans, specifications, and working details.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 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. (Added by Stats. 1983, Ch. 256, Sec. 82.)
20150.14.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )
Verify source ↗

This section says the article does not apply to certain public construction projects, including juvenile forestry facilities and some projects using prisoners or job/work training program participants.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 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. (Added by Stats. 1983, Ch. 256, Sec. 82.)
20150.2.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )
Verify source ↗

This section defines “public project” and states that the article generally does not apply to publicly owned water, power, or waste disposal systems, with listed building and infrastructure exceptions.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 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. (Added by Stats. 1983, Ch. 256, Sec. 82.)
20150.3.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )
Verify source ↗

For public projects, expenditures may not include the costs of certain items listed in the section.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 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. (Added by Stats. 1983, Ch. 256, Sec. 82.)
20150.4.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )
Verify source ↗

Public projects in the $4,000 to $10,000 range must be let using informal or formal bidding procedures, and projects of $10,000 or more must use formal bidding.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 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. (Added by Stats. 1983, Ch. 256, Sec. 82.)
20150.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )
Verify source ↗

Each county must adopt ordinances or regulations that provide formal and informal bidding procedures for its public projects.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 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. (Added by Stats. 1983, Ch. 256, Sec. 82.)
20150.6.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )
Verify source ↗

Counties using informal bidding procedures must notify county contractors about how to register for future notice of those proceedings, and they must do so as soon as practicable after contractors’ license renewal time.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 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. (Added by Stats. 1983, Ch. 256, Sec. 82.)
20150.7.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )
Verify source ↗

A county must publish notice inviting informal bids, and may also mail or otherwise supplement the notice, follow specified publication rules, and include a closing date.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 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. (Added by Stats. 1983, Ch. 256, Sec. 82.)
20150.8.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )
Verify source ↗

The county must include specific bid-opening details in formal bid notices and publish or post the notice on a required schedule before bids are opened.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 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. (Added by Stats. 1983, Ch. 256, Sec. 82.)
20150.9.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )
Verify source ↗

The county may reject bids, but if all bids are rejected after the first round it must either abandon the project or readvertise; other fallback options apply if no bids are received or if tied low bids exist.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 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. (Added by Stats. 1983, Ch. 256, Sec. 82.)
20155.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. )
Verify source ↗

County supervisors must award covered construction contracts to the best-value bidder or reject all bids, and they must adopt and publish fair selection procedures.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. ) ## 20155. (a) This article provides for a best value procurement program for county construction projects in excess of one million dollars ($1,000,000). (b) The board of supervisors of a county shall let any contract for a construction project pursuant to this article to the bidder representing the best value or else reject all bids. (c) The bidder may be selected on the basis of the best value to the county. In order to implement this method of selection, the board of supervisors shall adopt and publish procedures and required criteria that ensure that all selections are conducted in a fair and impartial manner. These procedures shall conform to Sections 20155.3 to 20155.6, inclusive, and shall be mandatory for a county that chooses to participate in the pilot program. (d) If the board of supervisors of a county deems it to be in the best interest of the county, the board of supervisors, on the refusal or failure of the successful bidder for a project to execute a tendered contract, may award it to the bidder with the second lowest best value score, as determined in accordance with subdivision (c) of Section 20155.5. If the second bidder fails or refuses to execute the contract, the board of supervisors may likewise award it to the bidder with the third lowest best value score, as determined in accordance with subdivision (c) of Section 20155.5. (e) (1) A county may also use the best value construction contracting method set out in this article to award individual annual contracts, which shall not exceed three million dollars ($3,000,000), adjusted annually to reflect the percentage change in the California Consumer Price Index, for repair, remodeling, or other repetitive work to be done according to unit prices. The contracts shall be based on plans and specifications for typical work. No annual contracts may be awarded for any new construction. (2) For purposes of this subdivision, best value criteria shall be applied to the annual contract for construction services, rather than to an individual, specific project. Annual contracts may be extended or renewed for two subsequent annual terms and a maximum of six million dollars ($6,000,000) over the subsequent two terms of the contract. Contract values shall be adjusted annually to reflect the percentage change in the California Consumer Price Index. (3) For purposes of this subdivision, “unit price” means the amount paid for a single unit of an item of work, and “typical work” means a work description applicable universally or applicable to a large number of individual projects, as distinguished from work specifically described with respect to an individual project. For purposes of this section, “repair, remodeling, or other repetitive work to be done according to unit prices” shall not include design or contract drawings. (Amended by Stats. 2024, Ch. 58, Sec. 2. (AB 1957) Effective January 1, 2025. Repealed as of January 1, 2030, pursuant to Section 20155.9.)
20155.1.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. )
Verify source ↗

This section defines terms used for county best value construction contracting and says counties must evaluate bidder qualifications using quantifiable measurements to the extent possible.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. ) ## 20155.1. As used in this article: (a) “Best value” means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. (b) “Best value contract” means a competitively bid contract entered into pursuant to this article. (c) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract. (d) “County” means any chartered or general law county. “County” includes a city and county. (e) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. (f) “Financial condition” means the financial resources needed to perform the contract. The criteria used to evaluate a bidder’s financial condition shall include, at a minimum, capacity to obtain all required payment bonds, performance bonds, and liability insurance. (g) “Labor compliance” means the ability to comply with, and past performance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidder’s labor compliance shall include, as a minimum, the bidder’s ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with those requirements, and its past conformance with requirements to pay prevailing wages on public works projects. (h) “Qualifications” means the financial condition, relevant experience, demonstrated management competency, labor compliance, and safety record of the bidder, and, if required by the bidding documents, some or all of the preceding qualifications as they pertain to subcontractors proposed to be used by the bidder for designated portions of the work. A county shall evaluate financial condition, relevant experience, demonstrated management competency, labor compliance, and safety record, using, to the extent possible, quantifiable measurements. (i) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. (j) “Safety record” means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidder’s safety record shall include, at a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period. (Amended by Stats. 2024, Ch. 58, Sec. 3. (AB 1957) Effective January 1, 2025. Repealed as of January 1, 2030, pursuant to Section 20155.9.)
20155.2.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. )
Verify source ↗

A qualifying county may use the cost-plus-time, or A+B, bidding procedure for certain projects tied to the specified budget item.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. ) ## 20155.2. (a) If a county as defined by Section 20155.1 is also responsible for delivery of a project included in Item 2660-110-0042 of Section 2.00 of the Budget Act of 2016, as amended by Chapter 7 of the Statutes of 2017, that county may utilize the “cost-plus-time” bidding procedure, also known as “A+B Bidding,” under this chapter for any of the projects specified in that budget item. (b) “Cost-plus-time bidding” means a competitive procurement process that uses a cost parameter (A) and a time parameter (B) to determine a bid value. (Added by Stats. 2017, Ch. 20, Sec. 7. (AB 115) Effective June 27, 2017. Repealed as of January 1, 2030, pursuant to Section 20155.9.)
20155.3.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. )
Verify source ↗

Counties must follow specific steps when awarding best value construction contracts, including written findings, bid solicitation, bidder prequalification, and protecting price information during final evaluation.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. ) ## 20155.3. A county shall proceed in accordance with the following when awarding best value contracts under this article: (a) The county shall not select a bidder on the basis of the best value to a county unless, after evaluating at a public meeting the alternative of awarding the contract on the basis of the lowest bid price, the county makes a written finding that awarding the contract on the basis of best value, for the specific project under consideration, will accomplish one or more of the following objectives: reducing project costs, expediting the completion of the project, or providing features not achievable through awarding the contract on the basis of the lowest bid price. (b) The county shall prepare a solicitation for bids and give notice pursuant to Section 20125. A county may identify specific types of subcontractors that are required to be included in the bids. A county shall comply with Chapter 4 (commencing with Section 4100) of Part 1 with regard to construction subcontractors identified in the bid. (c) The county shall establish a procedure to prequalify bidders pursuant to Section 20101. The information required pursuant to this section shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. Information submitted by the bidder as part of the evaluation process shall not be open to public inspection to the extent that information is exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) Each solicitation for bids shall do all of the following: (1) Invite prequalified bidders to submit sealed bids in the manner prescribed by this article. (2) Include a section identifying and describing the following: (A) Criteria that the county will consider in evaluating bids. (B) The methodology and rating or weighting system that will be used by the county in evaluating bids. (C) The relative importance or weight assigned to the criteria identified in the request for bids. (e) Final evaluation of the best value contractor shall be done in a manner that prevents cost or price information from being revealed to the committee evaluating the qualifications of the bidders prior to completion and announcement of that committee’s decision. (Amended by Stats. 2021, Ch. 615, Sec. 362. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615. Repealed as of January 1, 2030, pursuant to Section 20155.9.)
20155.4.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. )
Verify source ↗

A best value contractor cannot be prequalified or shortlisted unless it gives the county an enforceable commitment to use a skilled and trained workforce for covered project work.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. ) ## 20155.4. (a) A best value contractor shall not be prequalified or shortlisted unless the contractor provides an enforceable commitment to the county that the contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1. (b) This section shall not apply if any of the following requirements are met: (1) The county has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the contractor agrees to be bound by that project labor agreement. (2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the county prior to January 1, 2017. (3) The contractor has entered into a project labor agreement that will bind the contractor and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (c) For purposes of this section, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500. (Amended by Stats. 2016, Ch. 774, Sec. 9. (SB 693) Effective January 1, 2017. Repealed as of January 1, 2030, pursuant to Section 20155.9.)
20155.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. )
Verify source ↗

Counties must use a written, best-value process for awarding certain construction contracts, with committee evaluation, public notice, and no award if fewer than three responsive bids are received.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. ) ## 20155.5. Selection of the best value contractor shall be made as follows: (a) (1) An evaluation committee appointed by the county shall evaluate the qualifications of the bidders based solely upon the criteria set forth in the solicitation documents, and shall assign a qualifications score to each bid. (2) A county shall establish written policies and procedures, consistent with applicable law, to ensure that members of an evaluation committee are free from conflicts of interest, if the county has not already established applicable written policies and procedures. (b) A county shall not award a contract for a construction project pursuant to this article if a solicitation for bids for that construction project results in the submission of fewer than three responsive bids to the county for evaluation. (c) Except as provided in subdivision (d) of Section 20155, the award of the contract shall be made to the bidder whose bid is determined by a county, in writing, to be the best value to the county. To determine the best value contractor, the county shall divide each bidder’s price by its qualifications score. The lowest resulting cost per quality point will represent the best value bid. (d) A county shall issue a written decision of its contract award. (e) Upon issuance of a contract award, a county shall publicly announce its award identifying the best value contractor to which the award is made, the project, the project price, and the selected best value contractor’s score based on the evaluation criteria listed in the request for bids. The notice of award shall be made public and include the score of the selected best value contractor in relation to all other responsive bidders and their respective prices. The contract file shall include documentation sufficient to support the decision to award. (Added by Stats. 2015, Ch. 627, Sec. 2. (SB 762) Effective January 1, 2016. Repealed as of January 1, 2030, pursuant to Section 20155.9.)
20155.6.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. )
Verify source ↗

A county using this best-value contracting article generally may not withhold more than 5% retention from the selected best value contractor when a qualifying bond is required.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. ) ## 20155.6. (a) If a county elects to award a project pursuant to this article, retention proceeds withheld by the county from the selected best value contractor shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids. (b) In a contract between the selected best value contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the county and the selected best value contractor. If the selected best value contractor provides written notice to a subcontractor that, prior to or at the time the bid is requested, a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the selected best value contractor, then the selected best value contractor may withhold retention proceeds in excess of the percentage specified in the contract between the county and the selected best value contractor from any payment made by the selected best value contractor to the subcontractor. (Added by Stats. 2015, Ch. 627, Sec. 2. (SB 762) Effective January 1, 2016. Repealed as of January 1, 2030, pursuant to Section 20155.9.)
20155.7.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. )
Verify source ↗

A participating county’s board of supervisors must submit a report to the Legislature’s appropriate policy committees and the Joint Legislative Budget Committee before March 1, 2029.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. ) ## 20155.7. (a) Before March 1, 2029, the board of supervisors of a participating county shall submit a report to the appropriate policy committees of the Legislature and the Joint Legislative Budget Committee. The report shall include, but is not limited to, the following information: (1) A description of the projects awarded using the best value procedures. (2) The contract award amounts. (3) The best value contractors awarded the projects. (4) A description of any written protests concerning any aspect of the solicitation, bid, or award of the best value contracts, including the resolution of the protests. (5) A description of the prequalification process. (6) The criteria used to evaluate the bids, including the weighting of the criteria and an assessment of the effectiveness of the methodology. (7) If a project awarded under this article has been completed, an assessment of the project performance, to include a summary of any delays or cost increases. (b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 58, Sec. 4. (AB 1957) Effective January 1, 2025. Repealed as of January 1, 2030, pursuant to Section 20155.9.)
20155.8.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. )
Verify source ↗

This section says the article does not change a county’s existing rules for letting a project contract to the lowest responsible bidder or rejecting all bids, except as otherwise provided in the article.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. ) ## 20155.8. Except as otherwise provided in this article, this article is not intended to change in any manner any guideline, criteria, procedure, or requirement of a county to let any contract for a project to the lowest responsible bidder or else reject all bids. (Added by Stats. 2015, Ch. 627, Sec. 2. (SB 762) Effective January 1, 2016. Repealed as of January 1, 2030, pursuant to Section 20155.9.)
20155.9.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. )
Verify source ↗

This article stays in effect only until January 1, 2030, and is repealed on that date.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.7. Best Value Construction Contracting for Counties [20155 - 20155.9] ( Heading of Article 3.7 amended by Stats. 2024, Ch. 58, Sec. 1. ) ## 20155.9. This article shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2024, Ch. 58, Sec. 5. (AB 1957) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Article 3.7, commencing with Section 20155.)
20160.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

This article applies to contracts awarded by cities subject to Title 4 of the Government Code.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20160. The provisions of this article shall apply to contracts awarded by cities subject to Title 4 (commencing with Section 34000) of the Government Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20161.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

This section defines “public project” for this chapter.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20161. As used in this chapter, “public project” means: (a) A project for the erection, improvement, painting, or repair of public buildings and works. (b) Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow. (c) Street or sewer work except maintenance or repair. (d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20162.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

If a public project’s required expenditure exceeds $5,000, it must be contracted and awarded to the lowest responsible bidder after notice.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20162. When the expenditure required for a public project exceeds five thousand dollars ($5,000), it shall be contracted for and let to the lowest responsible bidder after notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20163.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

A person may not split a public work project into smaller work orders or projects to avoid the article’s competitive-bidding requirements.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20163. It shall be unlawful to split or separate into smaller work orders or projects any public work project for the purpose of evading the provisions of this article requiring public work to be done by contract after competitive bidding. Every person who willfully violates this provision of this section is guilty of a misdemeanor. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20164.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

The bid notice must set the bid-opening date, be first published or posted at least 10 days before opening, be published at least twice five days apart (or posted in designated public places if no qualifying newspaper exists), and clearly state the project.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20164. The notice inviting bids shall set a date for the opening of bids. 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 city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices. The notice shall distinctly state the project to be done. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20165.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

If a bid notice names possible material locations for a construction project, it must include any conditions or changes required under Fish and Game Code Section 1603.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20165. Any notice inviting bids, which specifies locations of possible materials, such as a borrow pit or gravel bed, for use in the proposed construction project which would be subject to Section 1602 of the Fish and Game Code, shall include any conditions or modifications established pursuant to Section 1603 of the Fish and Game Code. (Amended by Stats. 2005, Ch. 383, Sec. 10. Effective January 1, 2006.)
20166.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

The legislative body may reject bids and readvertise, choose among tied lowest bids, or proceed without further complying with the chapter if no bids are received.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20166. In its discretion, the legislative body may reject any bids presented and readvertise. If two or more bids are the same and the lowest, the legislative body may accept the one it chooses. If no bids are received, the legislative body may have the project done without further complying with this chapter. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20167.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

After rejecting bids, the legislative body may adopt a four-fifths resolution to do the project by day labor or buy materials in the open market, and then proceed without further complying with this chapter.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20167. After rejecting bids, the legislative body may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, 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 chapter. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20168.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

In an emergency, the legislative body may adopt a four-fifths resolution to authorize immediate emergency spending, and if bid notice will not be given, it must comply with Chapter 2.5.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20168. In case of an emergency, the legislative body may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this chapter. If notice for bids to let contracts will not be given, the legislative body shall comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 1.2. Effective January 1, 1995.)
20168.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

In certain cities, the city council may contract to build or expand facilities for prisoner, parole violator, or ward transfers without the usual bidding and planning formalities, but only under the section’s conditions.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20168.5. In any city that has agreed to permit the transfer of prisoners or parole violators under Section 2910 or 2910.5 of the Penal Code, or of wards under Section 1753.3 of the Welfare and Institutions Code, the city council may contract for the construction or expansion of facilities to be used for that purpose without the formality of obtaining bids, adopting plans and specifications, or complying with other requirements of this article, except as required by this section. The person to whom the contract is awarded shall execute a bond for faithful performance. The award of the contract shall be made after a public hearing on the basis of a request for proposals advertised in accordance with Section 6062 or 6062a of the Government Code. The contract may be awarded only to a contractor who has responded to the request for proposals and who is licensed to do the work in accordance with Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. The contract shall be upon terms which the city council determines are necessary for the expeditious completion of the work. A contract shall not be entered into unless at least three proposals to do the work have been evaluated by a competitive process established by the city council and the lowest bid is selected. (Added by Stats. 1987, Ch. 1450, Sec. 10.)
20169.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

A city legislative body must publish a notice inviting bids and contract for legal-notice publication before the fiscal year starts when more than one qualifying newspaper exists; if only one such newspaper exists, it may contract without bidding.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20169. Annually before the beginning of the fiscal year, in cities where there is more than one newspaper of general circulation printed and published, the legislative body shall publish a notice inviting bids and contract for the publication of legal notices required to be published in such a newspaper. The contract shall include the printing and publishing of all such legal notices during the fiscal year. If there is only one such newspaper, the legislative body may contract with it without advertising for bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20170.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

All bids must be submitted under sealed cover and include one approved form of bidder’s security.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20170. All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder’s security: (a) Cash. (b) Cashier’s check made payable to the city. (c) A certified check made payable to the city. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the city. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20171.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

Bidder’s security must equal at least 10% of the bid amount, and a bid will not be considered unless a bidder’s security form is enclosed.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20171. The security shall be in an amount equal to at least 10 percent of the amount bid. A bid shall not be considered unless one of the forms of bidder’s security is enclosed with it. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20172.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

If the successful bidder fails to execute the contract, the bidder’s security is forfeited to the city, unless a later-provided exception applies.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20172. If the successful bidder fails to execute the contract, the amount of the bidder’s security shall be forfeited to the city except as hereinafter provided. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20173.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

Cash or proceeds must be deposited into the fund that pays for preparing and printing plans and specifications, cost estimates, and notice publication.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20173. The cash or proceeds shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimates of cost, and publication of notice are paid. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20174.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

If the successful bidder refuses or fails to sign the contract, the city council may award it to the next lowest responsible bidder.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20174. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the legislative body awards the contract to the second lowest bidder, the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the surety on the bidder’s bond if a bond is used. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20175.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. )
Verify source ↗

The City of Elk Grove may use construction manager at-risk contracts for its zoo project if the city council approves, and the contractor must meet workforce, bonding, notice, and retention rules.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4. Cities [20160 - 20175] ( Heading of Article 4 amended by Stats. 1984, Ch. 1128, Sec. 10. ) ## 20175. (a) Notwithstanding any other law, the City of Elk Grove, with approval of the city council, may utilize construction manager at-risk construction contracts for the city’s zoo project. A construction manager at-risk construction contract may be awarded using either the lowest responsible bidder or best value method to a construction manager at-risk entity that possesses or that obtains sufficient bonding to cover the contract amount for construction services and risk and liability insurance as may be required by the city. Any payment or performance bond written for the purposes of this section shall be written using a bond form developed by the city. (b) (1) A construction manager at-risk entity shall not be prequalified or shortlisted or awarded a contract unless the entity provides an enforceable commitment to the city that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the zoo project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1. (2) This subdivision shall not apply if any of the following conditions are met: (A) The city has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce and the entity agrees to be bound by that project labor agreement. (B) The project or contract is being performed under the City of Elk Grove Community Workforce and Training Agreement executed in January 2023, or an extension or renewal of that agreement. (C) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (c) Subcontractors that were not listed by a construction manager at-risk entity as partners, general partners, or association members in a partnership, limited partnership, or association in the entity’s construction manager at-risk bid submission shall be awarded by the construction manager at-risk entity in accordance with the process set forth by the city. All subcontractors bidding on contracts pursuant to this section shall be afforded the protections contained in Chapter 4 (commencing with Section 4100) of Part 1. The construction manager at-risk entity shall do both of the following: (1) Provide public notice of the availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the city. (2) Provide a fixed date and time on which the subcontracted work will be awarded in accordance with the procedure established pursuant to this section. (d) If the city elects to proceed under this section and uses a construction manager at-risk contract for a construction project, it shall make a copy of the contract available for public inspection on its internet website. (e) (1) If the city elects to award a project pursuant to this section, retention proceeds withheld by the city from the construction manager at-risk entity shall not exceed 5 percent if a performance and payment bond issued by an admitted surety insurer is required in the solicitation of bids. (2) In a contract between the construction manager at-risk entity and any subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the city and the construction manager at-risk entity. If the construction manager at-risk entity provides written notice to any subcontractor that is not a member of the construction manager at-risk entity, before or at the time the bid is requested, that a bond may be required, and the subcontractor subsequently is unable or refuses to furnish a bond to the construction manager at-risk entity, then the construction manager at-risk entity may withhold retention proceeds in excess of the percentage specified in the contract between the city and the construction manager at-risk entity from any payment made by the construction manager at-risk entity to the subcontractor. (f) As used in this section: (1) “Best value” means a value determined by objective criteria related to the experience of the entity and project personnel, project plan, financial strength of the entity, safety record of the entity, and price. (2) “City” means the City of Elk Grove. (3) “Construction manager at-risk contract” means one or a successive combination of competitively procured contracts entered into by the city with an individual, partnership, joint venture, corporation, or other recognized legal entity, that is appropriately licensed in this state, including holding a contractor’s license issued by the Contractors State License Board, and that guarantees the cost of a project and furnishes construction management services, including, but not limited to, preparation and coordination of bid packages, scheduling, cost control, value engineering, evaluation, preconstruction services, and construction administration. (4) “Project labor agreement” means a prehire collective bargaining agreement covering employees in the building and construction industry that establishes terms and conditions of employment for the project or contract. (5) “Zoo project” or “project” means the new zoo proposed to be relocated from the City of Sacramento and constructed over time, with buildings, including repair of structures, landscaping, habitat, site work, and flatwork, in the City of Elk Grove and its associated public infrastructure, including, but not limited to, roadway in the vicinity of the new zoo, excluding any roadway owned and maintained by the State of California through the Department of Transportation, and utility improvements in any way associated with the new zoo. (Added by Stats. 2024, Ch. 593, Sec. 1. (SB 739) Effective September 25, 2024.)
20185.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4.5. Local Agencies—Earthquake Relief [20185 - 20189] ( Heading of Article 4.5 amended by Stats. 1984, Ch. 1128, Sec. 11. )
Verify source ↗

This section says the article applies to local agency contracts for earthquake relief, subject to Government Code Article 5 starting at Section 54125.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4.5. Local Agencies—Earthquake Relief [20185 - 20189] ( Heading of Article 4.5 amended by Stats. 1984, Ch. 1128, Sec. 11. ) ## 20185. The provisions of this article shall apply to contracts awarded by local agencies for earthquake relief subject to Article 5 (commencing with Section 54125) of Chapter 5 of Part 1 of Division 2 of the Government Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20186.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4.5. Local Agencies—Earthquake Relief [20185 - 20189] ( Heading of Article 4.5 amended by Stats. 1984, Ch. 1128, Sec. 11. )
Verify source ↗

A resolution authorizing bonds may state that the bonds are issued under this chapter.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4.5. Local Agencies—Earthquake Relief [20185 - 20189] ( Heading of Article 4.5 amended by Stats. 1984, Ch. 1128, Sec. 11. ) ## 20186. Any resolution authorizing bonds may provide that the bonds may recite that it is issued pursuant to this chapter and bonds containing such recital are conclusively deemed valid and issued in conformity with this chapter. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20187.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4.5. Local Agencies—Earthquake Relief [20185 - 20189] ( Heading of Article 4.5 amended by Stats. 1984, Ch. 1128, Sec. 11. )
Verify source ↗

A bond’s face-reference to a resolution by its adoption date incorporates that resolution, and this chapter also incorporates the bonds and their coupons.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4.5. Local Agencies—Earthquake Relief [20185 - 20189] ( Heading of Article 4.5 amended by Stats. 1984, Ch. 1128, Sec. 11. ) ## 20187. Reference on the face of bonds to the resolution by its date of adoption incorporates the resolution and of this chapter the bonds and their coupons. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20188.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4.5. Local Agencies—Earthquake Relief [20185 - 20189] ( Heading of Article 4.5 amended by Stats. 1984, Ch. 1128, Sec. 11. )
Verify source ↗

People who take the bonds, and later holders of the bonds or coupons, may rely on the resolution and chapter and must follow their terms.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4.5. Local Agencies—Earthquake Relief [20185 - 20189] ( Heading of Article 4.5 amended by Stats. 1984, Ch. 1128, Sec. 11. ) ## 20188. Each taker and subsequent holder of the bonds and attached or detached coupons has recourse to all of the provisions of the resolution and of this chapter and is bound by their terms. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20189.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4.5. Local Agencies—Earthquake Relief [20185 - 20189] ( Heading of Article 4.5 amended by Stats. 1984, Ch. 1128, Sec. 11. )
Verify source ↗

Local agencies must return an unsuccessful bidder’s security after an award to the lowest bidder, and may not keep it for more than 60 days.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 4.5. Local Agencies—Earthquake Relief [20185 - 20189] ( Heading of Article 4.5 amended by Stats. 1984, Ch. 1128, Sec. 11. ) ## 20189. 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: (a) Cash. (b) A cashier’s check made payable to the local agency. (c) A certified check made payable to the local agency. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the local agency. 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 local agency beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 6.)
20190.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 5. Municipal Utility Districts [20190 - 20192] ( Heading of Article 5 amended by Stats. 1984, Ch. 1128, Sec. 12. )
Verify source ↗

This article applies to contracts covered by the Municipal Utility District Act.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 5. Municipal Utility Districts [20190 - 20192] ( Heading of Article 5 amended by Stats. 1984, Ch. 1128, Sec. 12. ) ## 20190. The provisions of this article shall apply to contracts subject to the Municipal Utility District Act provided for in Division 6 (commencing with Section 11501) of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20191.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 5. Municipal Utility Districts [20190 - 20192] ( Heading of Article 5 amended by Stats. 1984, Ch. 1128, Sec. 12. )
Verify source ↗

A district operating utility works may accept loans from any person, firm, or corporation to finance specified district buildings and related sites, and the indebtedness evidence counts as a negotiable instrument.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 5. Municipal Utility Districts [20190 - 20192] ( Heading of Article 5 amended by Stats. 1984, Ch. 1128, Sec. 12. ) ## 20191. Any district operating utility works may accept, without limitation by any other provisions of this division requiring approval of indebtedness, loans from any person, firm, or corporation for the purpose of financing the construction of office buildings, warehouses, and garages for the district, and the acquisition of sites therefor, with appurtenances necessary or convenient thereto. The evidence of the district’s indebtedness shall constitute a negotiable instrument. As used in this section, “construction” includes the meaning of “reconstruction,” “repair,” “improve,” “remodeling,” “rehabilitation,’ ’ and “completion.” (Added by Stats. 1982, Ch. 465, Sec. 11.)
20192.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 5. Municipal Utility Districts [20190 - 20192] ( Heading of Article 5 amended by Stats. 1984, Ch. 1128, Sec. 12. )
Verify source ↗

For qualifying district construction over $2,000, the district must prepare plans, seek bids, and award the contract to the lowest responsible bidder, with sealed bids and bidder security required.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 5. Municipal Utility Districts [20190 - 20192] ( Heading of Article 5 amended by Stats. 1984, Ch. 1128, Sec. 12. ) ## 20192. (a) Whenever the cost of construction of any office building, warehouse, or garage of the district constructed under Section 20191 exceeds the sum of two thousand dollars ($2,000), the district shall adopt plans and specifications and working details, as may be proper, and shall advertise for bids for the work in accordance with the plans and specifications so adopted. All bidders shall be afforded an opportunity to examine the plans and specifications and the district shall award the contract to the lowest responsible bidder. (b) 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 district. (3) A certified check made payable to the district. (4) A bidder’s bond executed by an admitted surety insurer, made payable to the 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) The person or corporation to whom the contract is awarded shall be required to execute a bond for the faithful performance of the contract. The form of the bond shall be approved by the board of directors. In cases of great emergency and when necessary to protect life and property, the board of directors, by unanimous vote of all members present, may without advertising for bids therefor, have the work done by day labor. (Amended by Stats. 1990, Ch. 808, Sec. 7.)
20200.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6. Public Utility Districts [20200 - 20201.5] ( Heading of Article 6 amended by Stats. 1984, Ch. 1128, Sec. 13. )
Verify source ↗

This article applies to contracts that are subject to the Public Utility District Act.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6. Public Utility Districts [20200 - 20201.5] ( Heading of Article 6 amended by Stats. 1984, Ch. 1128, Sec. 13. ) ## 20200. The provisions of this article shall apply to contracts subject to the Public Utility District Act provided for in Division 7 (commencing with Section 15501) of the Public Utilities Code. (Amended by Stats. 2015, Ch. 269, Sec. 23. (SB 184) Effective January 1, 2016.)
20201.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6. Public Utility Districts [20200 - 20201.5] ( Heading of Article 6 amended by Stats. 1984, Ch. 1128, Sec. 13. )
Verify source ↗

Projects over $15,000 in materials, supplies, and labor must be awarded to the lowest responsible bidder, and the board must adopt project documents and advertise for bids.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6. Public Utility Districts [20200 - 20201.5] ( Heading of Article 6 amended by Stats. 1984, Ch. 1128, Sec. 13. ) ## 20201. Every complete project for new construction or project for any alteration, maintenance, or repair, if the costs of materials, supplies and labor exceed fifteen thousand dollars ($15,000), shall be let to the lowest responsible bidder. The board shall adopt plans and specifications, strain sheets, and working details and shall advertise for bids for the project in accordance with the plans and specifications so adopted. Notice inviting bids for all projects shall be published in a newspaper in the district at least one week prior to the time specified for receiving bids. (Amended by Stats. 1998, Ch. 142, Sec. 1. Effective January 1, 1999.)
20201.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6. Public Utility Districts [20200 - 20201.5] ( Heading of Article 6 amended by Stats. 1984, Ch. 1128, Sec. 13. )
Verify source ↗

Construction bids must be submitted in sealed cover and include one of the listed bidder security forms. If the award goes to the lowest bidder, the district must return an unsuccessful bidder’s security within a reasonable time and cannot hold it longer than 60 days after the award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6. Public Utility Districts [20200 - 20201.5] ( Heading of Article 6 amended by Stats. 1984, Ch. 1128, Sec. 13. ) ## 20201.5. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 8.)
20202.1.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

This article applies to contracts made by public utility districts.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20202.1. The provisions of this article shall apply to contracts by public utility districts as provided for in the Public Utility District Act pursuant to Division 7 (commencing with Section 15501) of the Public Utilities Code. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20202.2.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

A district may make contracts, employ labor, and do other acts necessary to carry out its powers.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20202.2. A district may make contracts, employ labor, and do all acts necessary and convenient for the full exercise of its powers. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20204.1.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

Bidders must be allowed to examine the plans and specifications, and the board must award the contract to the lowest responsible bidder.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20204.1. All bidders shall be afforded an opportunity to examine such plans and specifications, and the board shall award the contract to the lowest responsible bidder. The plans and specifications adopted shall be attached to and become part of the contract. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20204.2.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

The awarded contractor must execute a performance bond, and the board must approve it.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20204.2. The person or corporation to whom the contract is awarded shall execute a bond, to be approved by the board, for the faithful performance of the contract. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20204.3.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

Construction bids under this article must be sealed and include one of the listed security forms; unsuccessful bidders’ security must be returned within a reasonable time and not held beyond 60 days after award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20204.3. All bids for construction work submitted pursuant to this article shall be presented under sealed cover and shall be accompanied by one of the following forms of security: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 9.)
20205.1.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

If there is an emergency and no bid notice will be given, the board must respond under Chapter 2.5.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20205.1. In case of an emergency, the board shall respond to the emergency pursuant to Chapter 2.5 (commencing with Section 22050) if notice for bids to let contracts will not be given. (Repealed and added by Stats. 1994, Ch. 803, Sec. 1.4. Effective January 1, 1995.)
20205.2.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

The board may have the district do ordinary repairs, upkeep, or maintenance directly, without using a contract.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20205.2. Nothing in this article prohibits the board from doing or causing to be done directly by the district, and without any contract, any or all work necessary or proper in or about the making of all current and ordinary repairs or in or about current and ordinary upkeep or maintenance. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20206.1.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

If the board decides by a two-thirds vote that all bids are unsatisfactory or excessive, the district may do the work itself and spend what is necessary instead of contracting.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20206.1. Upon the determination of the board by an affirmative vote of two-thirds of its members that all bids submitted are unsatisfactory or are excessive, the district may do any necessary and proper work and make any necessary and proper expenditures in lieu of contracting for the performance of such proposed work. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20206.2.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

Once adopted, plans and specifications cannot be changed in a way that increases the project cost unless the board approves the change by majority vote.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20206.2. Plans and specifications when once adopted shall not be altered or changed in any manner whereby the cost of the proposed work is increased, except by a majority vote of the board. (Amended by Stats. 1991, Ch. 1226, Sec. 16.)
20206.3.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

Contracts under this article cannot be changed unless the board first approves the change by a two-thirds vote and the contractor consents.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20206.3. A contract made under this article shall not be altered or changed in any manner, except when first ordered by a vote of two-thirds of the board, and with the consent of the contractor. The particular change or alteration shall be specified in writing and its cost agreed upon between the board and the contractor. In no case shall the board pay or become liable to pay for any extra work done or extra material furnished. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20206.4.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

The board may annually advertise for sealed bids to furnish the district with listed supplies, and any advertisement must be published in the county where most of the district is located, following Government Code Section 6062.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20206.4. Except as otherwise provided in this article, the board may annually advertise for sealed bids for furnishing the district with goods, merchandise, stores, subsistence, printing, materials, and all other supplies, and advertising. The advertisement shall be published pursuant to Section 6062 of the Government Code in the county in which the greater part of the district is situated. (Amended by Stats. 1998, Ch. 142, Sec. 2. Effective January 1, 1999.)
20206.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

Bids must use a clerk-prepared schedule, and any person may bid on an article separately.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20206.5. All bids shall be upon a schedule prepared by the clerk, showing all articles needed by the district and its several offices and stating separately the price of each article to be furnished. Any person may bid upon any article separately. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20206.6.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

Notices of proposals for furnishing articles must mention the articles generally, say where the conditions and schedule can be found, and allow delivery only at the times, quantities, and manner the board designates.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20206.6. Notices of proposals for furnishing articles shall mention the articles in general and shall state that the conditions and schedule may be found in the office of the clerk of the district and that the articles are to be delivered at such times, in such quantities, and in such manner as the board may designate. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20206.9.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

The clerk must provide printed blanks for all proposals and contracts.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20206.9. The clerk shall furnish printed blanks for all proposals and contracts. (Amended by Stats. 1993, Ch. 1195, Sec. 25. Effective January 1, 1994.)
20207.1.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

The board may accept or reject bids, but each article must be awarded to the lowest bidder for that article.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20207.1. In considering bids the board may accept or reject all or any of them, or may accept or reject part of a bid, preference being given to the lowest responsible bidder. The award as to each article shall in all cases be made to the lowest bidder for such article. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20207.2.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

Supplies furnished to the district or its officers must not cost more than the price stated in the accepted bid.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20207.2. All supplies furnished the district or its officers shall be furnished at a price no greater than is specified in the bid accepted by the board. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20207.3.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

The board must open all bids at the stated hour and place, with attending bidders present, and attending bidders may inspect the bids.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20207.3. All bids shall be opened by the board at an hour and place to be stated in the advertisements for proposals, in the presence of all bidders who attend, and the bidders may inspect the bids. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20207.4.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

Construction-contract bidders must provide performance bonds, and contracts must be awarded to the lowest responsible bidder.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20207.4. All contracts shall be made with the lowest responsible bidder. Bidders for construction contracts shall give bonds for the faithful performance of the construction contract. (Amended by Stats. 1991, Ch. 1226, Sec. 17.)
20207.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

This section defines “advertising” for the district and sets rules for how district advertising is handled and measured.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20207.5. “Advertising” means the advertising and publication of all official reports, orders, ordinances, resolutions, notices inviting proposals, and all notices of every nature relating to work or business of the district. Advertising shall not be classified. No part or kind of advertising shall be charged or contracted for at a higher rate than any other part or kind is charged or contracted for, except in the case of the delinquent tax list. The advertising of the delinquent tax list shall be let to the lowest responsible bidder on a separate bidding from all other advertising. A square of advertising shall be 234 ems nonpareil. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20207.6.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

District officers and employees may not order any article or make any publication unless it is expressly authorized by the division or the board.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20207.6. No officer or employee of the district shall order any article or make any publication which is not expressly authorized by this division or by the board. (Added by Stats. 1983, Ch. 256, Sec. 83.)
20207.7.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. )
Verify source ↗

The board may buy articles without advertising or letting contracts if the purchase is $10,000 or less; if the cost is more than $10,000, it must advertise for sealed bids.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.5. Public Utility Districts [20202.1 - 20207.7] ( Heading of Article 6.5 renumbered from Article 6 (as added by Stats. 1983, Ch. 256) by Stats. 1984, Ch. 1128, Sec. 14. ) ## 20207.7. Unless the amount involved in the purchase at any one time of any articles for which no contract has been entered into exceeds ten thousand dollars ($10,000), the board may purchase the articles without the necessity of advertising or letting contracts. Where the cost of any articles for which no contract has been entered into exceeds ten thousand dollars ($10,000), the board shall advertise for sealed bids for furnishing the district the articles. In the matter of advertising, opening and accepting bids, and the letting of contracts, the board shall proceed in all respects in the manner and form provided in the case of contracts for annual supplies. (Amended by Stats. 1990, Ch. 1414, Sec. 3.)
20209.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.7. Transit Districts [20209- 20209.] ( Heading of Article 6.7 renumbered from Article 6.5 (as added by Stats. 1984, Ch. 1198) by Stats. 1987, Ch. 56, Sec. 148. )
Verify source ↗

A transit district may negotiate buying from or selling to federal, state, or local public agencies for real or personal property.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 6.7. Transit Districts [20209- 20209.] ( Heading of Article 6.7 renumbered from Article 6.5 (as added by Stats. 1984, Ch. 1198) by Stats. 1987, Ch. 56, Sec. 148. ) ## 20209. Notwithstanding any other provision of law, any transit district may negotiate the purchase from, or the sale to, any federal, state, or local public agency of any real or personal property upon terms and conditions agreed to by the district and the public agency. (Added by Stats. 1984, Ch. 1198, Sec. 1.)
20210.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7. Transit Districts—Alameda and Contra Costa Counties [20210 - 20214] ( Heading of Article 7 amended by Stats. 1984, Ch. 1128, Sec. 15. )
Verify source ↗

This section says the article applies to contracts made by transit districts in Alameda or Contra Costa counties.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7. Transit Districts—Alameda and Contra Costa Counties [20210 - 20214] ( Heading of Article 7 amended by Stats. 1984, Ch. 1128, Sec. 15. ) ## 20210. The provisions of this article shall apply to contracts by transit districts in the counties of Alameda or Contra Costa, as provided for in Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20211.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7. Transit Districts—Alameda and Contra Costa Counties [20210 - 20214] ( Heading of Article 7 amended by Stats. 1984, Ch. 1128, Sec. 15. )
Verify source ↗

The district must use competitive contracting rules for purchases, construction, and bid notices above specified dollar amounts.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7. Transit Districts—Alameda and Contra Costa Counties [20210 - 20214] ( Heading of Article 7 amended by Stats. 1984, Ch. 1128, Sec. 15. ) ## 20211. (a) The purchase of all supplies, equipment, and materials, when the expenditure required exceeds one hundred thousand dollars ($100,000), shall be by contract let to the lowest responsible bidder, or, in the district’s discretion, to the responsible bidder who submitted a proposal that provides the best value to the district on the basis of the factors identified in the solicitation. “Best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit in response to the requirements described in the solicitation documents. (b) To the extent practicable, the district shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared whenever the expected expenditure required for the purchase of supplies, equipment, or materials exceeds two thousand five hundred dollars ($2,500), but does not exceed one hundred thousand dollars ($100,000). (c) The construction of facilities and works, when the expenditure exceeds ten thousand dollars ($10,000), shall be by contract let to the lowest responsible bidder. (d) Notice requesting bids shall be published at least once in a newspaper of general circulation and on the district’s procurement Internet Web site, which publication shall be made at least 10 days before bids are received. The board may reject any and all bids and readvertise in its discretion. (Amended by Stats. 2009, Ch. 408, Sec. 1. (AB 116) Effective January 1, 2010.)
20212.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7. Transit Districts—Alameda and Contra Costa Counties [20210 - 20214] ( Heading of Article 7 amended by Stats. 1984, Ch. 1128, Sec. 15. )
Verify source ↗

After rejecting bids and making a four-fifths vote declaration, the board may buy the supplies, equipment, and materials in the open market.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7. Transit Districts—Alameda and Contra Costa Counties [20210 - 20214] ( Heading of Article 7 amended by Stats. 1984, Ch. 1128, Sec. 15. ) ## 20212. If after rejecting bids the board determines and declares by a four-fifths vote of all its members that in its opinion the supplies, equipment and materials may be purchased at a lower price in the open market, the board may proceed to purchase the supplies, equipment and materials in the open market without further observance of the provisions requiring contracts, bids, or notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20213.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7. Transit Districts—Alameda and Contra Costa Counties [20210 - 20214] ( Heading of Article 7 amended by Stats. 1984, Ch. 1128, Sec. 15. )
Verify source ↗

In an emergency, the board may approve urgent spending by a four-fifths vote and can contract or spend without following normal contract, bid, or notice rules.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7. Transit Districts—Alameda and Contra Costa Counties [20210 - 20214] ( Heading of Article 7 amended by Stats. 1984, Ch. 1128, Sec. 15. ) ## 20213. In case of an emergency, the board may, by resolution passed by a four-fifths vote of all its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed in the emergency without observance of the provisions requiring contracts, bids, or notice. If notice for bids to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 1.7. Effective January 1, 1995.)
20214.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7. Transit Districts—Alameda and Contra Costa Counties [20210 - 20214] ( Heading of Article 7 amended by Stats. 1984, Ch. 1128, Sec. 15. )
Verify source ↗

Construction bids must be submitted under sealed cover and include one listed form of bidder’s security. If a lowest-bid award is made, the district must return an unsuccessful bidder’s security within a reasonable time and may not keep it longer than 60 days after the award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7. Transit Districts—Alameda and Contra Costa Counties [20210 - 20214] ( Heading of Article 7 amended by Stats. 1984, Ch. 1128, Sec. 15. ) ## 20214. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 10.)
20216.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7.5. Transportation Agencies [20216 - 20217] ( Article 7.5 added by Stats. 1992, Ch. 1178, Sec. 1. )
Verify source ↗

This section sets rules for certain transportation agency contracts using competitive negotiation, including public disclosure, conflict-of-interest limits, no ex parte communications, a 15-day wait before award, and recordkeeping.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7.5. Transportation Agencies [20216 - 20217] ( Article 7.5 added by Stats. 1992, Ch. 1178, Sec. 1. ) ## 20216. (a) Notwithstanding any other provision of law, any contract by the San Francisco Bay Area Rapid Transit District, the Southern California Rapid Transit District, the Golden Gate Bridge, Highway and Transportation District, the Sonoma-Marin Area Rail Transit District, the San Diego Metropolitan Transit Development Board, the North San Diego County Transit Development Board, a county transportation commission that is subject to the competitive negotiation provisions of Section 20229.1, 20231.5, or 20916.3 of this code, or Section 120224.4, 125228, or 130238 of the Public Utilities Code, a transit district, city, county, city and county, or transportation agency, that is subject to the competitive negotiation provisions of Section 20217, and any other transportation agency that is authorized to use comparable competitive negotiation provisions after July 1, 1992, shall comply with the requirements of this section. (b) Other than proprietary information, the content of any request for proposal, any proposal received, and any other communications between a transportation agency and a potential bidder on a contract that is subject to subdivision (a) shall be made available to the public no later than the same time that a recommendation for awarding a contract is made to the governing board or persons responsible for approving the award of a contract to a bidder, except that the price proposed in any bidder’s initial proposal shall be available upon the opening of the bid by the agency requesting the proposal. (c) No person may participate in the evaluation of any proposal for the award of a contract that is subject to subdivision (a) if any of the following conditions apply: (1) The person has a financial interest in the outcome of the evaluation or the contract. (2) The person has received a gift of over two hundred fifty dollars ($250) during the previous 12 months from a bidder directly, or indirectly through an intermediary, if it is known to the person that the gift was in whole or in part funded by the bidder. (d) The agency board or any person responsible for awarding a contract under this article shall not have any ex parte communication with a bidder or any representative of the bidder except in writing and if the communication is made public. (e) A contract may not be awarded until 15 days after the staff recommendation has been made available to the public. (f) An agency using the competitive negotiation process shall maintain in writing, and make available upon request, a complete description of the process and the policies and procedures used by the agency in doing so, including all standards, criteria, public protest procedures, and method of contract award. The agency shall also keep a complete record of its actions on each procurement. (g) For purposes of this section and Sections 20217, 20229.1, 20231.5, and 20916.3 of this code and Sections 120224.4 and 130238 of the Public Utilities Code, “competitive negotiation” means a procurement process used by an agency in lieu of a competitive sealed bid process when conditions are not appropriate for the use of sealed bids, and that permits the consideration of price, technical experience, past performance, management, or other factors in selecting the most cost-effective proposal for the manufacture and delivery of specified goods, transit vehicles, or equipment. The process includes negotiations with manufacturers or providers after the receipt of initial proposals during which performance or technical standards and other criteria may be revised in order to secure proposals most advantageous to the purchasing agency or to cure any deficiencies contained in the original proposals. (Amended by Stats. 2002, Ch. 341, Sec. 2. Effective January 1, 2003.)
20217.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7.5. Transportation Agencies [20216 - 20217] ( Article 7.5 added by Stats. 1992, Ch. 1178, Sec. 1. )
Verify source ↗

Transit agencies may use competitive negotiation for certain transit-related purchases if the board makes the required finding, and the section sets out notice, evaluation, award, and protest procedures.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 7.5. Transportation Agencies [20216 - 20217] ( Article 7.5 added by Stats. 1992, Ch. 1178, Sec. 1. ) ## 20217. (a) The Legislature finds and declares that the award of purchase contracts by transit agencies under competitive bid procedures may not be feasible for products and materials that are undergoing rapid technological changes or for the introduction of new technologies into agency operations, and that in these circumstances it is in the public interest to consider the broadest possible range of competing products and materials available, fitness of purpose, manufacturer’s warranty, vendor financing, performance reliability, standardization, life cycle costs, delivery timetables, support logistics, and other similar factors in addition to price in the award of these contracts. (b) Notwithstanding any other provision of law, the governing board of a transit district, city, county, city and county, or transportation agency may direct the purchase of (1) computers, telecommunications equipment, fare collection equipment, radio and microwave equipment, and other related electronic equipment and apparatus used in transit operations ; (2) specialized rail transit equipment, including, but not limited to, railcars; (3) buses; and (4) passenger ferries, by competitive negotiation upon a finding by two-thirds vote of all members of the board that the purchase of those products or materials in compliance with provisions of this code generally applicable to the purchase does not constitute a method of procurement adequate for the agency’s needs. This section does not apply to contracts for construction or for the procurement of any product available in substantial quantities to the general public. (c) Competitive negotiation, for the purposes of this section includes, but is not limited to, all of the following requirements: (1) A request for proposals shall be prepared and submitted to an adequate number of qualified sources, as determined by the agency in its discretion, to permit reasonable competition consistent with the nature and requirements of the procurement. In addition, a notice of the request for proposals shall be published at least once in a newspaper of general circulation, which shall be made at least 10 days before the date for receipt of the proposals. The agency shall make reasonable efforts to generate the maximum feasible number of proposals from qualified sources, and shall make a finding to that effect before proceeding to negotiate if only a single response to the request for proposal is received. (2) The request for proposals shall identify all significant evaluation factors, including price, and their relative importance. (3) The agency shall provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for contract award. (4) Prior to making an award, the agency shall prepare a price analysis and shall find that the final negotiated price is fair and reasonable based upon comparable procurement in the marketplace. (5) The award shall be made to the qualified proposer whose proposal will be most advantageous to the agency with price and other factors considered. If the award is not made to the proposer whose proposal contains the lowest price, the agency shall make a finding setting forth the basis for the award. (d) The agency may reject any and all proposals and issue a new request for proposals at its discretion. (e) Upon making an award to a qualified proposer, the agency, upon request, shall make available to all other proposers and to the public, an analysis of the award that provides the basis for the selection of that particular qualified proposal. (f) A person who submits, or who plans to submit, a proposal, may protest any acquisition conducted in accordance with this section pursuant to protest procedures established by the board as follows: (1) Protests based on the content of the request for proposals shall be filed with the agency within 10 calendar days after the request for proposals is first advertised in accordance with subdivision (c). The agency shall issue a written decision on the protest prior to opening of proposals. A protest may be renewed by refiling the protest with the agency within 15 calendar days after the staff recommendation for award has been made available to the public as required by subdivision (e) of Section 20216. (2) Any bidder may protest the recommended award on any ground not based upon the content of the request for proposals by filing a protest with the agency within 15 calendar days after the staff recommendation for award has been made available to the public as required by subdivision (e) of Section 20216. (3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protesters shall have an opportunity to appear and be heard before the agency prior to the opening of proposals in the case of protests based on the content of the request for proposals, or prior to final award in the case of protests based on other grounds or the renewal of protests based on the content of the request for proposals. (g) Provisions in any contract concerning women and minority business enterprises, which are in accordance with the request for proposals, shall not be subject to negotiation with the successful bidder. (h) As used in this section, “agency” includes a transit district, city, county, city and county, or transportation agency when engaged in transit operations. (Added by Stats. 1999, Ch. 101, Sec. 2. Effective January 1, 2000.)
20220.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

This article applies to contracts made by the San Francisco Bay Area Rapid Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20220. The provisions of this article shall apply to contracts by the San Francisco Bay Area Rapid Transit District, as provided for in Part 2 (commencing with Section 28500) of Division 10 of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20221.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

The district must use competitive contract procedures for certain purchases and construction work, with bid, quotation, and notice rules tied to spending thresholds.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20221. (a) The purchase of all supplies, equipment, and materials when the expenditure required exceeds one hundred fifty thousand dollars ($150,000) shall be by contract let to the lowest responsible bidder or, in the district’s discretion, to the responsible bidder who submitted a proposal that provides the best value to the district on the basis of the factors identified in the solicitation. “Best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit in response to requirements described in the solicitation documents. The construction of facilities and works when the expenditure required exceeds ten thousand dollars ($10,000) shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published at least once in a newspaper of general circulation. This publication shall be made at least 10 days before the bids are received. The board may reject any and all bids and readvertise in its discretion. (b) Whenever the expected procurement required exceeds five thousand dollars ($5,000) and, in the case of the construction of facilities and works, does not exceed ten thousand dollars ($10,000) or, in the case of the purchase of supplies, equipment, or materials, does not exceed one hundred fifty thousand dollars ($150,000), the district shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared. (c) Where the expenditure required by the bid price is less than one hundred thousand dollars ($100,000), the general manager may act for the board. When acting pursuant to this subdivision, the general manager shall, in each instance, promptly notify the board of the action taken. (Amended by Stats. 2016, Ch. 143, Sec. 1. (AB 2030) Effective January 1, 2017.)
20221.1.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

The district board may choose to design and build all or part of the airport transit extension, but if it does, it must follow specific procurement steps.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20221.1. Notwithstanding any other provision of law, the governing board of the San Francisco Bay Area Rapid Transit District may, at its discretion, elect to design and construct all or any part of the extension of the district’s transit facilities to the San Francisco International Airport. If the board elects to design and construct the project, it shall comply with all of the following procurement procedures: (a) A request for qualifications shall be prepared and submitted to an adequate number of sources, as determined by the district, in its discretion, to permit reasonable competition consistent with the nature and requirements of that portion of the extension the district has elected to design and construct in accordance with this section. In addition, notice of the request for qualifications shall be published at least once in a newspaper of general circulation, which publication shall be at least 10 days before responses to the request for qualifications are received. The request for qualifications shall identify the minimum standards that the district has determined, in its discretion, shall be met or exceeded by a contractor to successfully design and construct the project described in this section. Those standards may include, but are not limited to, technical experience and capability, financial condition and capacity, organization, and personnel. (b) All respondents determined by the district to meet or exceed the minimum standards set forth in the request for qualifications shall be considered prequalified. The district may, in its discretion, repeat the prequalification process described in subdivision (a). If the district has prequalified at least three respondents, it may invite those prequalified to submit sealed bids for the project based upon plans and specifications prepared by the district. Only those who have been prequalified are eligible for award of a contract. Award shall be made to the prequalified bidder submitting the lowest responsive bid. (c) The board may reject any and all bids and request new bids. (Added by Stats. 1994, Ch. 988, Sec. 1. Effective September 29, 1994.)
20222.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

After rejecting bids, the board may buy supplies, equipment, and materials in the open market if it approves the move by a two-thirds vote of all its members.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20222. If after rejecting bids the board determines and declares by a two-thirds vote of all its members that in its opinion the supplies, equipment and materials may be purchased at a lower price in the open market, the board may proceed to purchase the supplies, equipment and materials in the open market without further observance of the provisions requiring contracts, bids, or notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20223.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

In an emergency, the board may approve immediate spending and contracts by a two-thirds resolution, and it may do so without the usual contract, bid, or notice requirements.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20223. In case of an emergency, the board may, by resolution passed by a two-thirds vote of all its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed in the emergency without observance of the provisions requiring contracts, bids, or notice. If notice for bids to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 1.8. Effective January 1, 1995.)
20224.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

If urgent repair or damage-recovery measures are needed and regular procurement is inadequate, the general manager may authorize spending previously appropriated board money for direct purchases of goods and services.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20224. Upon determining that immediate remedial measures to avert or alleviate damage to property, or to repair or restore damaged or destroyed property, of the district are necessary in order to insure that the facilities of the district are available to serve the transportation needs of the general public, and upon determining that available remedial measures, including procurement in compliance with Sections 20221, 20222, and 20223, are inadequate, the general manager may authorize the expenditure of money previously appropriated specifically by the board for the direct purchases of goods and services, without observance of the provisions of those sections. The general manager shall, after any such expenditure, submit to the board a full report explaining the necessity for the action. (Added by Stats. 1983, Ch. 1131, Sec. 2.)
20224.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

Bids for construction work must be sealed and include one of the listed bidder security forms. The district must return an unsuccessful bidder’s security after award and cannot hold it more than 60 days after the award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20224.5. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 11.)
20225.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

The general manager may establish districtwide purchasing standards.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20225. The general manager may establish districtwide purchasing standards, the purpose of which is to insure the necessary quality of supplies and equipment purchased by, or under the supervision of, the district and to permit the consolidation of purchases in order to effect greater economy in district purchasing. (Added by Stats. 1983, Ch. 1131, Sec. 3.)
20226.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

The board may authorize prototype equipment or modifications for testing, but only after a two-thirds board finding and without following contract, bid, or notice requirements.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20226. Notwithstanding Section 20221, and upon a finding by two-thirds of all members of the board that the proposed purchase in compliance with Sections 20221 and 20222 does not constitute a method of procurement adequate for the operation of district facilities or equipment, the board may direct the procurement of prototype equipment or modifications in an amount sufficient to conduct and evaluate operational testing without further observance of any provisions requiring contracts, bids, or notice. (Added by Stats. 1983, Ch. 1131, Sec. 4.)
20227.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

The board may authorize buying supplies, equipment, or material without contracts, bids, or notice if two-thirds of the board finds there is only one source and the purchase is only to duplicate or replace items already in use.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20227. Notwithstanding Section 20221, the board may direct the purchase of any supply, equipment, or material without observance of any provision requiring contracts, bids, or notice upon a finding by two-thirds of all members of the board that there is only a single source of procurement therefor and that the purchase is for the sole purpose of duplicating or replacing supply, equipment, or material, as the case may be, in use. (Added by Stats. 1983, Ch. 1131, Sec. 5.)
20228.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

The district may use its own personnel for certain interconnection and related work in specified transit projects when track-clearance, system-interference, and safety conditions are met; otherwise the district policy remains to do interconnection work by competitive bidding.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20228. (a) Notwithstanding Section 20221, work on the Oakland Wye complex to the MacArthur Station project and on the Daly City turnback and storage facilities project may be performed by district personnel during periods of operation of the transit system when interconnection work is to be performed within 12 feet of the centerline of the existing track. (b) Notwithstanding Section 20221, interconnection work required for the Dublin-Pleasanton Extension, Warm Springs Extension, Pittsburg-Antioch Extension, Colma-San Francisco Airport Extensions, and work required by Department of Transportation retrofit or replacement projects may be performed by district personnel when the work is to be performed within 12 feet of the centerline of existing track or where the tie-in or startup of the work could affect operating train control, traction power, electrical control, or communications systems and the district has determined that there is a clear risk to safety of personnel or to passenger service which requires that district personnel perform the work. (c) Notwithstanding subdivisions (a) and (b), it shall continue to be the policy of the district to perform all interconnection work by competitive bidding. (Amended by Stats. 1991, Ch. 168, Sec. 1.)
20229.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

The district may set percentage participation goals for minority-owned and women-owned businesses in subcontracts and subsupply contracts for nonfederally funded contracts.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20229. In order to facilitate the participation of minority-owned and women-owned businesses in nonfederally funded contracts consistent with federally funded contracts, the district may establish for nonfederally funded contracts percentage goals for participation of those businesses in subcontracts and subsupply contracts in accordance with the provisions of Part 23 (commencing with Section 23.1) of Title 49 of the Code of Federal Regulations in effect on January 1, 1983. (Added by Stats. 1983, Ch. 731, Sec. 1.)
20229.1.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. )
Verify source ↗

The board may use competitive negotiation to buy certain equipment and related work if two-thirds of the board finds the usual procurement rules are not adequate.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 8. San Francisco Bay Area Rapid Transit District [20220 - 20229.1] ( Heading of Article 8 amended by Stats. 1984, Ch. 1128, Sec. 16. ) ## 20229.1. (a) Notwithstanding any other provision of law, the governing board of the San Francisco Bay Area Rapid Transit District may direct the purchase of (1) electronic equipment, including, but not limited to, computers, telecommunications equipment, fare collection equipment, and microwave equipment and (2) specialized rail transit equipment, including, but not limited to, rail cars, and contracts for work that include, at a minimum, conversion of the rail car motive power system to alternating current or the complete replacement of existing rail car motive power units that utilize direct current, by competitive negotiation upon a finding by two-thirds of all members of the board that the purchase of that equipment in compliance with provisions of this code generally applicable to the purchase does not constitute a method of procurement adequate for the district’s needs. (b) Competitive negotiation, for the purposes of this section, shall include, as a minimum, all of the following elements: (1) A request for proposal shall be prepared and submitted to an adequate number of qualified sources, as determined by the district in its discretion, to permit reasonable competition consistent with the nature and requirements of the procurement. In addition, notice of the request for proposal shall be published at least once in a newspaper of general circulation, which publication shall be made at least 10 days before the proposals are received. The district shall make every effort to generate the maximum feasible number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiate if only a single response to the request for proposal is received. (2) The request for proposal shall identify significant evaluation factors, including price, and their relative importance. (3) The district shall provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for contract award. (4) Award shall be made to the qualified bidder whose proposal will be most advantageous to the district with price and other factors considered. If award is not made to the bidder whose proposal contains the lowest price, the board shall make a finding setting forth the basis for the award. (c) The board may reject any and all proposals and request new proposals at its discretion. (d) A person who submits, or who plans to submit, a proposal may protest any acquisition conducted in accordance with this section as follows: (1) Protests based on the content of the request for proposal shall be filed with the district within 10 calendar days after the request for proposal is first advertised in accordance with subdivision (b). The district shall issue a written decision on the protest prior to opening of proposals. A protest may be renewed by refiling the protest with the district within 15 calendar days after the mailing of the notice of the recommended award. (2) Any bidder may protest the recommended award on any ground not based upon the content of the request for proposals by filing a protest with the district within 15 calendar days after the mailing of the notice of the recommended award. (3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protestors shall have an opportunity to appear and be heard before the board prior to the opening of proposals in the case of protests based on the content of the request for proposals, prior to final award in the case of protests based on other grounds or the renewal of protests based on the content of the request for proposals. (e) Where the district, through competitive negotiation, has entered into lease agreements for equipment of the type specified in subdivision (a) subsequent to December 1, 1980, the district may purchase the equipment directly from the lessor upon a finding by two-thirds of all members of the board that the purchase of that equipment in compliance with provisions of this code generally applicable to the purchase does not constitute a method of procurement adequate for the district’s needs. (f) Provisions in any contract concerning women and minority business enterprises, which provisions are in accordance with the request for proposals, shall not be subject to negotiation with the successful bidder. (Amended by Stats. 1992, Ch. 1178, Sec. 2. Effective January 1, 1993.)
20230.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 9. Southern California Rapid Transit District [20230 - 20234] ( Heading of Article 9 amended by Stats. 1984, Ch. 1128, Sec. 17. )
Verify source ↗

This article applies to contracts made by the Southern California Rapid Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 9. Southern California Rapid Transit District [20230 - 20234] ( Heading of Article 9 amended by Stats. 1984, Ch. 1128, Sec. 17. ) ## 20230. The provisions of this article shall apply to contracts by the Southern California Rapid Transit District, as provided for in Part 3 (commencing with Section 30000) of Division 10 of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20231.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 9. Southern California Rapid Transit District [20230 - 20234] ( Heading of Article 9 amended by Stats. 1984, Ch. 1128, Sec. 17. )
Verify source ↗

This section lets the board use competitive negotiation for certain district purchases instead of competitive bidding, but only after a two-thirds vote and a qualifying finding.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 9. Southern California Rapid Transit District [20230 - 20234] ( Heading of Article 9 amended by Stats. 1984, Ch. 1128, Sec. 17. ) ## 20231.5. (a) The Legislature finds and declares that the award of purchase contracts by the Southern California Rapid Transit District under competitive bid procedures may not be feasible for products and materials which are undergoing rapid technological changes or for the introduction of new technologies into district operations, and that in these circumstances it is in the public interest to consider the broadest possible range of competing products and materials available, fitness of purpose, manufacturer’s warranty, and other similar factors in addition to price in the award of these contracts. (b) This section applies only to the purchase by the district of computers, telecommunications equipment, fare collection equipment, microwave equipment, and other related electronic equipment and apparatus, and of rail cars. This section does not apply to contracts for construction or for the procurement of any product available in substantial quantities to the general public. (c) The board may, after a finding by a two-thirds vote that a particular procurement qualifies under subdivision (b), direct that the procurement be conducted through competitive negotiation under this section. For purposes of this section, competitive negotiation includes, but is not limited to, all of the following requirements: (1) The request for proposals shall be prepared and submitted to an adequate number of qualified sources, as determined by the board, to permit reasonable competition consistent with the nature and requirements of the procurement. In addition, notice of the request for proposals shall be published at least twice in a newspaper of general circulation, at least 10 days before the date for receipt of the proposals. The board shall make every effort to generate the maximum feasible number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiate if only a single response to the request for proposals is received. (2) The request for proposals shall identify all significant evaluation factors, including price, and their relative importance. (3) The board shall provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for contract award. (4) Award shall be made to the qualified proposer whose proposal will be most advantageous to the district, with price and all other factors considered. If award is not made to the bidder whose proposal contains the lowest price, the board shall make a finding setting forth the basis for the award. (d) The board may reject any and all proposals and request new proposals, at its discretion. (e) Upon making an award to a qualified proposer, the board, upon request, shall make available to all other proposers and to the public, an analysis of the award which provides the basis for the selection of that particular qualified proposal. (f) A person who submits, or who plans to submit, a proposal may protest any acquisition conducted in accordance with this section as follows: (1) Protests based on the content of the request for proposals shall be filed with the district within 10 calendar days after the request for proposals is first advertised in accordance with subdivision (c). The district shall issue a written decision on the protest prior to the opening of proposals. A protest may be renewed by refiling the protest with the district within 15 calendar days after the mailing of the notice of the recommended award. (2) Any bidder may protest the recommended award on any ground not based upon the content of the request for proposals by filing a protest with the district within 15 calendar days after the mailing of the notice of the recommended award. (3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protestors shall have an opportunity to appear and be heard before the board prior to the opening of proposals in the case of protests based on the content of the request for proposals, or prior to final award in the case of protests based on other grounds or the renewal of protests based on the content of the request for proposals. (g) Provisions in any contract concerning women and minority business enterprises, which provisions are in accordance with the request for proposals, shall not be subject to negotiation with the successful bidder. (Amended by Stats. 1990, Ch. 591, Sec. 1.)
20232.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 9. Southern California Rapid Transit District [20230 - 20234] ( Heading of Article 9 amended by Stats. 1984, Ch. 1128, Sec. 17. )
Verify source ↗

After rejecting bids, the board may buy supplies, equipment, and materials in the open market if two-thirds of all members determine and declare that the open-market price is lower.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 9. Southern California Rapid Transit District [20230 - 20234] ( Heading of Article 9 amended by Stats. 1984, Ch. 1128, Sec. 17. ) ## 20232. If, after rejecting bids, the board determines and declares by a vote of two-thirds of all its members that in its opinion the supplies, equipment and materials may be purchased at a lower price in the open market, the board may proceed to purchase the supplies, equipment and materials in the open market without further observance of the provisions requiring contracts, bids, or notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20233.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 9. Southern California Rapid Transit District [20230 - 20234] ( Heading of Article 9 amended by Stats. 1984, Ch. 1128, Sec. 17. )
Verify source ↗

In an emergency, the board may approve immediate spending or contracts by a two-thirds resolution, without following the usual contract, bid, or notice rules.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 9. Southern California Rapid Transit District [20230 - 20234] ( Heading of Article 9 amended by Stats. 1984, Ch. 1128, Sec. 17. ) ## 20233. In case of an emergency, the board may, by resolution passed by a vote of two-thirds of all its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, property, or the public welfare, and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed to respond to the emergency without observance of the provisions requiring contracts, bids, or notice. If notice for bids to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 2. Effective January 1, 1995.)
20234.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 9. Southern California Rapid Transit District [20230 - 20234] ( Heading of Article 9 amended by Stats. 1984, Ch. 1128, Sec. 17. )
Verify source ↗

Construction bids must be submitted in sealed cover and include one of the listed bidder security forms. Unsuccessful bidder security must be returned after an award, and the district may not hold it longer than 60 days from the award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 9. Southern California Rapid Transit District [20230 - 20234] ( Heading of Article 9 amended by Stats. 1984, Ch. 1128, Sec. 17. ) ## 20234. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 12.)
20240.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 10. Orange County Transit District [20240 - 20242] ( Heading of Article 10 amended by Stats. 1984, Ch. 1128, Sec. 18. )
Verify source ↗

This section says Article 10 applies to contracts made by the Orange County Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 10. Orange County Transit District [20240 - 20242] ( Heading of Article 10 amended by Stats. 1984, Ch. 1128, Sec. 18. ) ## 20240. The provisions of this article shall apply to contracts by the Orange County Transit District, as provided for in Part 4 (commencing with Section 40000) of Division 10 of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20241.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 10. Orange County Transit District [20240 - 20242] ( Heading of Article 10 amended by Stats. 1984, Ch. 1128, Sec. 18. )
Verify source ↗

The Orange County Transit District must buy services, supplies, equipment, and materials, and build facilities and works, using the same procedure and limits that apply to the County of Orange under state law.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 10. Orange County Transit District [20240 - 20242] ( Heading of Article 10 amended by Stats. 1984, Ch. 1128, Sec. 18. ) ## 20241. The purchase of all services, supplies, equipment, and materials, and construction of facilities and works, shall be done in the same manner, procedure and subject to the same limitations applicable to the County of Orange by the state law, now or as may hereafter be amended. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20242.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 10. Orange County Transit District [20240 - 20242] ( Heading of Article 10 amended by Stats. 1984, Ch. 1128, Sec. 18. )
Verify source ↗

Bids for construction work must be submitted in sealed cover and include one of the listed forms of bidder’s security.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 10. Orange County Transit District [20240 - 20242] ( Heading of Article 10 amended by Stats. 1984, Ch. 1128, Sec. 18. ) ## 20242. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 13.)
20250.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 11. San Joaquin Regional Transit District [20250 - 20253] ( Heading of Article 11 amended by Stats. 1994, Ch. 704, Sec. 6. )
Verify source ↗

This article applies to contracts by the San Joaquin Regional Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 11. San Joaquin Regional Transit District [20250 - 20253] ( Heading of Article 11 amended by Stats. 1994, Ch. 704, Sec. 6. ) ## 20250. This article applies to contracts by the San Joaquin Regional Transit District, as provided for in Part 5 (commencing with Section 50000) of Division 10 of the Public Utilities Code. (Amended by Stats. 1994, Ch. 704, Sec. 7. Effective January 1, 1995.)
20251.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 11. San Joaquin Regional Transit District [20250 - 20253] ( Heading of Article 11 amended by Stats. 1994, Ch. 704, Sec. 6. )
Verify source ↗

The district must use contract bidding rules for certain purchases and construction, with different thresholds and options based on the amount spent.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 11. San Joaquin Regional Transit District [20250 - 20253] ( Heading of Article 11 amended by Stats. 1994, Ch. 704, Sec. 6. ) ## 20251. (a) (1) The purchase of all supplies, equipment, and materials, when the expenditure required exceeds seventy-five thousand dollars ($75,000), shall be by contract let, in the district’s discretion, either to the lowest responsible bidder or to a responsible bidder that submits a proposal that provides the best value to the district. (2) For purposes of this subdivision, “best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit relative to the requirements described in the solicitation requirements. (b) For the purchase of supplies, equipment, or materials that exceeds five thousand dollars ($5,000), but does not exceed seventy-five thousand dollars ($75,000), the district shall obtain, to the extent practicable, a minimum of three written or oral quotes that permit the district to compare the prices and terms for the purchase. (c) The construction of facilities and works, when the expenditure required exceeds three thousand dollars ($3,000), shall be by contract let to the lowest responsible bidder. Notwithstanding the preceding sentence, the district may elect to have this construction be governed by Article 3 (commencing with Section 22030) of Chapter 2. (d) Notice requesting bids shall be published at least once in a newspaper of general circulation, which publication shall be made at least 10 days before bids are received. The board may reject any and all bids and readvertise in its discretion. (Amended by Stats. 2021, Ch. 217, Sec. 1. (SB 333) Effective January 1, 2022.)
20251.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 11. San Joaquin Regional Transit District [20250 - 20253] ( Heading of Article 11 amended by Stats. 1994, Ch. 704, Sec. 6. )
Verify source ↗

Construction bids must be sealed and include bidder’s security. If a low-bid award is made, the district must return an unsuccessful bidder’s security within a reasonable time and may not hold it for more than 60 days after the award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 11. San Joaquin Regional Transit District [20250 - 20253] ( Heading of Article 11 amended by Stats. 1994, Ch. 704, Sec. 6. ) ## 20251.5. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 14.)
20252.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 11. San Joaquin Regional Transit District [20250 - 20253] ( Heading of Article 11 amended by Stats. 1994, Ch. 704, Sec. 6. )
Verify source ↗

After rejecting bids, the board may buy supplies, equipment, and materials in the open market if it votes by four-fifths to declare that this would be cheaper.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 11. San Joaquin Regional Transit District [20250 - 20253] ( Heading of Article 11 amended by Stats. 1994, Ch. 704, Sec. 6. ) ## 20252. If after rejecting bids the board determines and declares by a four-fifths vote of all its members that in its opinion the supplies, equipment and materials may be purchased at a lower price in the open market, the board may proceed to purchase the supplies, equipment and materials in the open market without further observance of the provisions requiring contracts, bids or notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20253.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 11. San Joaquin Regional Transit District [20250 - 20253] ( Heading of Article 11 amended by Stats. 1994, Ch. 704, Sec. 6. )
Verify source ↗

In an emergency, the board may approve immediate spending and contracts by a four-fifths vote, and it may do so without the usual contract, bid, or notice requirements.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 11. San Joaquin Regional Transit District [20250 - 20253] ( Heading of Article 11 amended by Stats. 1994, Ch. 704, Sec. 6. ) ## 20253. In case of an emergency, the board may, by resolution passed by a four-fifths vote of all its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed in the emergency without observance of the provisions requiring contracts, bids, or notice. If notice for bids to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 2.1. Effective January 1, 1995.)
20260.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 12. Marin County Transit District [20260 - 20262] ( Heading of Article 12 amended by Stats. 1984, Ch. 1128, Sec. 20. )
Verify source ↗

This section says the article applies to contracts made by the Marin County Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 12. Marin County Transit District [20260 - 20262] ( Heading of Article 12 amended by Stats. 1984, Ch. 1128, Sec. 20. ) ## 20260. The provisions of this article shall apply to contracts by the Marin County Transit District, as provided for in Part 7 (commencing with Section 70000) of Division 10 of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20261.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 12. Marin County Transit District [20260 - 20262] ( Heading of Article 12 amended by Stats. 1984, Ch. 1128, Sec. 20. )
Verify source ↗

The Marin County Transit District must buy supplies, equipment, and materials, and build facilities and works using the same procedures and limits that apply to the County of Marin under state law and county ordinance, as later amended.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 12. Marin County Transit District [20260 - 20262] ( Heading of Article 12 amended by Stats. 1984, Ch. 1128, Sec. 20. ) ## 20261. The purchase of all supplies, equipment and materials, and construction of facilities and works, shall be done in the same manner, procedure and subject to the same limitations applicable to the County of Marin by state law and by county ordinance, and as the same may hereafter be amended. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20262.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 12. Marin County Transit District [20260 - 20262] ( Heading of Article 12 amended by Stats. 1984, Ch. 1128, Sec. 20. )
Verify source ↗

Bids for construction work must be sealed and include specified bidder’s security; unsuccessful bidders’ security must be returned after award, and not held more than 60 days.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 12. Marin County Transit District [20260 - 20262] ( Heading of Article 12 amended by Stats. 1984, Ch. 1128, Sec. 20. ) ## 20262. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 15.)
20270.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 13. San Diego County Transit District [20270 - 20274] ( Heading of Article 13 amended by Stats. 1984, Ch. 1128, Sec. 21. )
Verify source ↗

This section says the article applies to contracts made by the San Diego County Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 13. San Diego County Transit District [20270 - 20274] ( Heading of Article 13 amended by Stats. 1984, Ch. 1128, Sec. 21. ) ## 20270. The provisions of this article shall apply to contracts by the San Diego County Transit District, as provided for in Part 8 (commencing with Section 90000) of Division 10 of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20271.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 13. San Diego County Transit District [20270 - 20274] ( Heading of Article 13 amended by Stats. 1984, Ch. 1128, Sec. 21. )
Verify source ↗

For covered purchases or construction work over $5,000, the contract must go to the lowest responsible bidder, with bid notice published at least 10 days before bids are received.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 13. San Diego County Transit District [20270 - 20274] ( Heading of Article 13 amended by Stats. 1984, Ch. 1128, Sec. 21. ) ## 20271. The purchase of all supplies, equipment and materials, and the construction of facilities and works, when the expenditure required exceeds five thousand dollars ($5,000), shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published at least once in a newspaper of general circulation, which publication shall be made at least 10 days before bids are received. The board may reject any and all bids and readvertise in its discretion. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20272.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 13. San Diego County Transit District [20270 - 20274] ( Heading of Article 13 amended by Stats. 1984, Ch. 1128, Sec. 21. )
Verify source ↗

After rejecting bids, the board may buy supplies, equipment, and materials in the open market if it declares by a two-thirds vote that the open market price is lower.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 13. San Diego County Transit District [20270 - 20274] ( Heading of Article 13 amended by Stats. 1984, Ch. 1128, Sec. 21. ) ## 20272. If after rejecting bids the board determines and declares by a two-thirds vote of all its members that in its opinion the supplies, equipment and materials may be purchased at a lower price in the open market, the board may proceed to purchase the supplies, equipment and materials in the open market without further observance of the provisions requiring contracts, bids, or notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20273.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 13. San Diego County Transit District [20270 - 20274] ( Heading of Article 13 amended by Stats. 1984, Ch. 1128, Sec. 21. )
Verify source ↗

In an emergency, the board may authorize immediate spending or emergency contracts by a two-thirds resolution, and it may do so without the usual contract, bid, or notice rules.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 13. San Diego County Transit District [20270 - 20274] ( Heading of Article 13 amended by Stats. 1984, Ch. 1128, Sec. 21. ) ## 20273. In case of an emergency, the board may, by resolution passed by a two-thirds vote of all its members, declare and determine that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed in the emergency without observance of the provisions requiring contracts, bids, or notice. If notice for bids to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 2.2. Effective January 1, 1995.)
20274.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 13. San Diego County Transit District [20270 - 20274] ( Heading of Article 13 amended by Stats. 1984, Ch. 1128, Sec. 21. )
Verify source ↗

Construction bids must be submitted under sealed cover and include one approved form of bidder’s security. If a bid is unsuccessful, the district must return that security within a reasonable time and never keep it longer than 60 days after the award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 13. San Diego County Transit District [20270 - 20274] ( Heading of Article 13 amended by Stats. 1984, Ch. 1128, Sec. 21. ) ## 20274. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 16.)
20280.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 14. Santa Barbara Metropolitan Transit District [20280 - 20284] ( Heading of Article 14 amended by Stats. 1984, Ch. 1128, Sec. 22. )
Verify source ↗

This section says the article applies to contracts made by the Santa Barbara Metropolitan Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 14. Santa Barbara Metropolitan Transit District [20280 - 20284] ( Heading of Article 14 amended by Stats. 1984, Ch. 1128, Sec. 22. ) ## 20280. The provisions of this article shall apply to contracts by the Santa Barbara Metropolitan Transit District, as provided for in Part 9 (commencing with Section 95000) of Division 10 of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20281.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 14. Santa Barbara Metropolitan Transit District [20280 - 20284] ( Heading of Article 14 amended by Stats. 1984, Ch. 1128, Sec. 22. )
Verify source ↗

Large purchases and construction must be awarded by contract to the lowest responsible bidder; bid notices must be published at least 10 days before bids are received.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 14. Santa Barbara Metropolitan Transit District [20280 - 20284] ( Heading of Article 14 amended by Stats. 1984, Ch. 1128, Sec. 22. ) ## 20281. The purchase of all supplies, equipment and materials, when the expenditure required exceeds twenty-five thousand dollars ($25,000), and the construction of facilities and works, when the expenditure exceeds three thousand dollars ($3,000), shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published at least once in a newspaper of general circulation, which publication shall be made at least 10 days before bids are received. The board may reject any and all bids and readvertise in its discretion. (Amended by Stats. 1997, Ch. 945, Sec. 6. Effective January 1, 1998.)
20282.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 14. Santa Barbara Metropolitan Transit District [20280 - 20284] ( Heading of Article 14 amended by Stats. 1984, Ch. 1128, Sec. 22. )
Verify source ↗

After rejecting bids, the board may buy supplies, equipment, and materials in the open market if it approves the move by a four-fifths vote and believes the open market price is lower.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 14. Santa Barbara Metropolitan Transit District [20280 - 20284] ( Heading of Article 14 amended by Stats. 1984, Ch. 1128, Sec. 22. ) ## 20282. If after rejecting bids the board determines and declares by a four-fifths vote of all its members that in its opinion the supplies, equipment and materials may be purchased at a lower price in the open market, the board may proceed to purchase the supplies, equipment and materials in the open market without further observance of the provisions requiring contracts, bids or notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20283.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 14. Santa Barbara Metropolitan Transit District [20280 - 20284] ( Heading of Article 14 amended by Stats. 1984, Ch. 1128, Sec. 22. )
Verify source ↗

In an emergency, the board may authorize immediate spending or contracts to protect life, health, or property, and it must follow Chapter 2.5 if it will not give bid notice.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 14. Santa Barbara Metropolitan Transit District [20280 - 20284] ( Heading of Article 14 amended by Stats. 1984, Ch. 1128, Sec. 22. ) ## 20283. In case of an emergency, the board may, by resolution passed by a four-fifths vote of all its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed in the emergency without observance of the provisions requiring contracts, bids, or notice. If notice for bids to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 2.3. Effective January 1, 1995.)
20284.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 14. Santa Barbara Metropolitan Transit District [20280 - 20284] ( Heading of Article 14 amended by Stats. 1984, Ch. 1128, Sec. 22. )
Verify source ↗

Construction bids must be sealed and include bidder’s security; unsuccessful bidders’ security must be returned within 60 days after award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 14. Santa Barbara Metropolitan Transit District [20280 - 20284] ( Heading of Article 14 amended by Stats. 1984, Ch. 1128, Sec. 22. ) ## 20284. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 17.)
20290.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 15. Santa Cruz Metropolitan Transit District [20290 - 20294] ( Heading of Article 15 amended by Stats. 1984, Ch. 1128, Sec. 23. )
Verify source ↗

This section says the article applies to contracts made by the Santa Cruz Metropolitan Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 15. Santa Cruz Metropolitan Transit District [20290 - 20294] ( Heading of Article 15 amended by Stats. 1984, Ch. 1128, Sec. 23. ) ## 20290. The provisions of this article shall apply to contracts by the Santa Cruz Metropolitan Transit District, as provided for in Part 10 (commencing with Section 98000) of Division 10 of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20291.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 15. Santa Cruz Metropolitan Transit District [20290 - 20294] ( Heading of Article 15 amended by Stats. 1984, Ch. 1128, Sec. 23. )
Verify source ↗

This section sets bidding and quotation rules for the district’s purchases and construction contracts above certain dollar amounts.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 15. Santa Cruz Metropolitan Transit District [20290 - 20294] ( Heading of Article 15 amended by Stats. 1984, Ch. 1128, Sec. 23. ) ## 20291. (a) The purchase of supplies, equipment, and materials, when the expenditure required exceeds fifty thousand dollars ($50,000), shall be by contract let, in the district’s discretion, either to the lowest responsible bidder or to the responsible bidder that submits a proposal that provides the best value to the district. “Best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit relative to the requirements described in the solicitation documents. (b) The construction of facilities and works, when the expenditure required exceeds ten thousand dollars ($10,000), shall be by contract let to the lowest responsible bidder. (c) The district shall obtain a minimum of three quotations, either written or oral, that permit the comparison of prices and terms in either of the following circumstances: (1) In the case of the purchase of supplies, equipment, or materials, if the expected cost of procurement required exceeds five thousand dollars ($5,000) and does not exceed fifty thousand dollars ($50,000). (2) In the case of the construction of facilities and works, if the expected cost of procurement required exceeds five thousand dollars ($5,000) and does not exceed ten thousand dollars ($10,000). (d) Notice requesting bids shall be published at least once in a newspaper of general circulation, which publication shall be made at least 10 days before bids are received. (e) The board may reject any and all bids and readvertise in its discretion. (Amended by Stats. 2019, Ch. 107, Sec. 1. (AB 1089) Effective January 1, 2020.)
20292.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 15. Santa Cruz Metropolitan Transit District [20290 - 20294] ( Heading of Article 15 amended by Stats. 1984, Ch. 1128, Sec. 23. )
Verify source ↗

After rejecting bids, the board may buy the supplies, equipment, and materials in the open market if it makes the required four-fifths vote determination.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 15. Santa Cruz Metropolitan Transit District [20290 - 20294] ( Heading of Article 15 amended by Stats. 1984, Ch. 1128, Sec. 23. ) ## 20292. If after rejecting bids the board determines and declares a four-fifths vote of all its members that in its opinion the supplies, equipment and materials may be purchased at a lower price in the open market, the board may proceed to purchase the supplies, equipment and materials in the open market without further observance of the provisions requiring contracts, bids or notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20293.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 15. Santa Cruz Metropolitan Transit District [20290 - 20294] ( Heading of Article 15 amended by Stats. 1984, Ch. 1128, Sec. 23. )
Verify source ↗

In an emergency, the board may vote by resolution to authorize immediate spending for life, health, or property, and may contract or spend without the usual contract, bid, or notice requirements.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 15. Santa Cruz Metropolitan Transit District [20290 - 20294] ( Heading of Article 15 amended by Stats. 1984, Ch. 1128, Sec. 23. ) ## 20293. In case of an emergency, the board may, by resolution passed by a majority vote of all its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed in the emergency without observance of the provisions requiring contracts, bids, or notice. If notice for bids to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 2.4. Effective January 1, 1995.)
20294.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 15. Santa Cruz Metropolitan Transit District [20290 - 20294] ( Heading of Article 15 amended by Stats. 1984, Ch. 1128, Sec. 23. )
Verify source ↗

Construction bids must be sealed and include bidder’s security. If a bidder is unsuccessful, the district must return that security after the award, and it may not hold it more than 60 days from the award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 15. Santa Cruz Metropolitan Transit District [20290 - 20294] ( Heading of Article 15 amended by Stats. 1984, Ch. 1128, Sec. 23. ) ## 20294. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 18.)
20300.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. )
Verify source ↗

This article applies to contracts made by the Santa Clara Valley Transportation Authority.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. ) ## 20300. The provisions of this article apply to contracts by the Santa Clara Valley Transportation Authority, as provided for in Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code. (Amended by Stats. 1999, Ch. 724, Sec. 4. Effective January 1, 2000.)
20301.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. )
Verify source ↗

For purchases of supplies, equipment, and materials above $200,000, the authority must contract with the lowest responsible bidder or may choose the responsible bidder offering the best value. For purchases over $5,000 and up to $200,000, it should get at least three quotations when practicable, and bid notices must be published at least 10 days before bids are received.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. ) ## 20301. (a) The purchase of all supplies, equipment, and materials, when the expenditure required exceeds two hundred thousand dollars ($200,000) shall be by contract let to the lowest responsible bidder, or, in the authority’s discretion, to the responsible bidder who submitted a proposal that provides the best value to the authority on the basis of the factors identified in the solicitation. “Best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit in response to the requirements described in the solicitation documents. (b) To the extent practicable, the authority shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared whenever the expected expenditure required for the purchase of supplies, equipment, or materials exceeds five thousand dollars ($5,000), but does not exceed two hundred thousand dollars ($200,000). (c) Notice requesting bids shall be published at least once in a newspaper of general circulation and on the authority’s procurement internet website, which publication shall be made at least 10 days before the bids are received. The board may reject any and all bids and readvertise at its discretion. (d) This section applies solely to the procurement of supplies, equipment, and materials, and shall not apply to construction contracts. (Amended by Stats. 2024, Ch. 17, Sec. 1. (AB 2812) Effective January 1, 2025.)
20302.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. )
Verify source ↗

After rejecting bids, the board may buy supplies, equipment, and materials in the open market if it votes by two-thirds and finds the open market price is lower.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. ) ## 20302. If after rejecting bids the board determines and declares by two-thirds vote of all its members that in its opinion, the supplies, equipment, and materials may be purchased at a lower price in the open market, the board may proceed to purchase the supplies, equipment, and materials in the open market, if the open market purchase price is lower than the rejected bid, without further observance of the provisions requiring contracts, bids, or notice. (Added by Stats. 1996, Ch. 685, Sec. 4. Effective January 1, 1997.)
20303.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. )
Verify source ↗

In an emergency, the board may spend or contract for needed emergency funds without following the usual contract, bid, or notice rules if it adopts a four-fifths vote resolution; if no bid notice will be given, it must comply with Chapter 2.5.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. ) ## 20303. In case of an emergency, as defined under Section 1102, the board, upon adopting a resolution passed by a four-fifths vote of all its members, declaring and determining that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, may expend, or enter into a contract involving the expenditure of, any sum needed in the emergency without observing the provisions requiring contracts, bids, or notice. If notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1997, Ch. 373, Sec. 1. Effective January 1, 1998.)
20304.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. )
Verify source ↗

The board may authorize buying supplies, equipment, or materials without contracts, bids, or notice if it finds by a two-thirds vote that there is only one source and the purchase is only to duplicate or replace items already in use.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. ) ## 20304. Notwithstanding Section 20301, the board may direct the purchase of any supply, equipment, or material without observance of any provision requiring contracts, bids, or notice upon a finding by a vote of two-thirds of all its members of the board that there is only a single source of procurement therefor and that the purchase is for the sole purpose of duplicating or replacing supply, equipment, or material, as the case may be, in use. (Added by Stats. 1996, Ch. 685, Sec. 6. Effective January 1, 1997.)
20305.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. )
Verify source ↗

Construction bids must be sealed and include bidder security, and the authority must return unsuccessful bidders’ security within a reasonable time and no later than 60 days after award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. ) ## 20305. 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: (a) Cash. (b) A cashier’s check made payable to the authority. (c) A certified check made payable to the authority. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the authority. 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 authority beyond 60 days from the time the award is made. (Added by renumbering Section 20302 by Stats. 1996, Ch. 685, Sec. 3. Effective January 1, 1997.)
20306.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. )
Verify source ↗

This section lets the board use competitive negotiation for certain purchases, but it also sets notice, evaluation, award, and protest procedures the district must follow.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 16. Santa Clara Valley Transportation Authority [20300 - 20306] ( Heading of Article 16 amended by Stats. 1999, Ch. 724, Sec. 3. ) ## 20306. (a) The Legislature finds and declares that the award of purchase contracts by the district under competitive bid procedures may not be feasible for products and materials that are undergoing rapid technological changes or for the introduction of new technologies into district operations, and that in these circumstances it is in the public interest to consider the broadest possible range of competing products and materials available, fitness of purpose, manufacturer’s warranty, vendor financing, performance reliability, standardization, life-cycle costs, delivery timetables, support logistics, and other similar factors in addition to price in the award of these contracts. (b) (1) Notwithstanding any other provision of law, the board may direct the purchase the following: (A) Computers, telecommunications equipment, fare collection equipment, radio and microwave equipment, and other related electronic equipment and apparatus. (B) Specialized rail transit equipment, including, but not limited to, railcars or tunnel boring machines, by competitive negotiation upon a finding by two-thirds vote of all members of the board that the purchase of those products or materials in compliance with provisions of this code generally applicable to the purchase does not constitute a method of procurement adequate for the district’s needs. (2) This section does not apply to contracts for construction or for the procurement of any product available in substantial quantities to the general public. (c) Competitive negotiation, for the purposes of this section includes, but is not limited to, all of the following requirements: (1) A request for proposals shall be prepared and submitted to an adequate number of qualified sources, as determined by the district in its discretion, to permit reasonable competition consistent with the nature and requirements of the procurement. In addition, a notice of the request for proposals shall be published at least once in a newspaper of general circulation, which shall be made at least 10 days before the date for receipt of the proposals. The district shall make reasonable efforts to generate the maximum feasible number of proposals from qualified sources, and shall make a finding to that effect before proceeding to negotiate if only a single response to the request for proposal is received. (2) The request for proposals shall identify all significant evaluation factors, including price, and their relative importance. (3) The district shall provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for contract award. (4) Prior to making an award, the district shall prepare a price analysis and shall find that the final negotiated price is fair and reasonable based upon comparable procurements in the marketplace. (5) Award shall be made to the qualified proposer whose proposal will be most advantageous to the district with price and other factors considered. If award is not made to the proposer whose proposal contains the lowest price, the district shall make a finding setting forth the basis for the award. (d) The district may reject any and all proposals and issue a new request for proposals at its discretion. (e) Upon making an award to a qualified proposer, the district, upon request, shall make available to all other proposers and to the public, an analysis of the award that provides the basis for the selection of that particular qualified proposal. (f) A person who submits, or who plans to submit, a proposal may protest any acquisition conducted in accordance with this section pursuant to protest procedures established by the board as follows: (1) Protests based on the content of the request for proposals shall be filed with the district within 10 calendar days after the request for proposals is first advertised in accordance with subdivision (c). The district shall issue a written decision on the protest prior to opening of proposals. A protest may be renewed by refiling the protest with the district within 15 calendar days after the staff recommendation for award has been made available to the public as required by subdivision (e) of Section 20216. (2) A bidder may protest the recommended award on any ground not based upon the content of the request for proposals by filing a protest with the district within 15 calendar days after the staff recommendation for award has been made available to the public as required by subdivision (e) of Section 20216. (3) A protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protesters shall have an opportunity to appear and be heard before the district prior to the opening of proposals in the case of protests based on the content of the request for proposals, or prior to final award in the case of protests based on other grounds or the renewal of protests based on the content of the request for proposals. (g) Provisions in a contract concerning women and minority business enterprises, that are in accordance with the request for proposals, shall not be subject to negotiation with the successful bidder. (Amended by Stats. 2006, Ch. 574, Sec. 1. Effective January 1, 2007.)
20310.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 17. Golden Empire Transit District [20310 - 20314] ( Heading of Article 17 amended by Stats. 1986, Ch. 195, Sec. 48. )
Verify source ↗

This article applies to contracts made by the Golden Empire Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 17. Golden Empire Transit District [20310 - 20314] ( Heading of Article 17 amended by Stats. 1986, Ch. 195, Sec. 48. ) ## 20310. The provisions of this article shall apply to contracts by the Golden Empire Transit District, as provided for in Part 13 (commencing with Section 101000) of the Public Utilities Code. (Amended by Stats. 1984, Ch. 155, Sec. 2.)
20311.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 17. Golden Empire Transit District [20310 - 20314] ( Heading of Article 17 amended by Stats. 1986, Ch. 195, Sec. 48. )
Verify source ↗

For certain local agency construction and procurement, the board must use competitive procedures above stated dollar thresholds, including lowest responsible bidder rules, bid notice publication, and seeking at least three quotations in some cases.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 17. Golden Empire Transit District [20310 - 20314] ( Heading of Article 17 amended by Stats. 1986, Ch. 195, Sec. 48. ) ## 20311. (a) (1) The construction of facilities and works, when the expenditure required exceeds ten thousand dollars ($10,000), shall be by contract let to the lowest responsible bidder. (2) Notice requesting bids shall be published at least once in a newspaper of general circulation, which publication shall be made at least 10 days before bids are received. The board may reject any and all bids and readvertise in its discretion. (3) When the expected procurement required exceeds one thousand dollars ($1,000), the board shall seek a minimum of three quotations, either written or oral, which permit prices and other terms to be compared. (b) (1) The purchase of all supplies, equipment, and materials, when the expenditure required exceeds one hundred thousand dollars ($100,000), shall be by contract let to the lowest responsible bidder or, in the district’s discretion, to the responsible bidder that submitted a proposal that provides the best value, as defined in paragraph (2), to the district on the basis of the factors identified in the solicitation. (2) For the purposes of this section, “best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit in response to the requirements described in the solicitation documents. (3) Notice requesting bids shall be published at least once in a newspaper of general circulation and on the district’s procurement Internet Web site, which publication shall be made at least 10 days before bids are received. The board may reject any and all bids and readvertise in its discretion. (4) To the extent practicable, when the expected procurement required exceeds two thousand five hundred dollars ($2,500) but does not exceed one hundred thousand dollars ($100,000), the board shall seek a minimum of three quotations, either written or oral, which permit prices and other terms to be compared. (5) This subdivision applies solely to the procurement of supplies, equipment, and materials and shall not apply to construction contracts. (Amended by Stats. 2012, Ch. 220, Sec. 1. (SB 1068) Effective January 1, 2013.)
20312.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 17. Golden Empire Transit District [20310 - 20314] ( Heading of Article 17 amended by Stats. 1986, Ch. 195, Sec. 48. )
Verify source ↗

After rejecting bids, the board may buy supplies, equipment, and materials in the open market if it votes by four-fifths and declares the open market price is lower.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 17. Golden Empire Transit District [20310 - 20314] ( Heading of Article 17 amended by Stats. 1986, Ch. 195, Sec. 48. ) ## 20312. If, after rejecting bids, the board determines and declares by a four-fifths vote of all its members that, in its opinion, the supplies, equipment, and materials may be purchased at a lower price in the open market, the board may proceed to purchase the supplies, equipment, and materials in the open market without further observance of the provisions requiring contracts, bids, or notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20313.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 17. Golden Empire Transit District [20310 - 20314] ( Heading of Article 17 amended by Stats. 1986, Ch. 195, Sec. 48. )
Verify source ↗

In an emergency, the board may approve emergency spending and contracts for needed public money without following contract, bid, or notice requirements, if it votes by four-fifths and finds the emergency protects life, health, or property.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 17. Golden Empire Transit District [20310 - 20314] ( Heading of Article 17 amended by Stats. 1986, Ch. 195, Sec. 48. ) ## 20313. In case of an emergency, the board may, by resolution passed by a four-fifths vote of all its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend, or enter into a contract involving the expenditure of, any sum needed in the emergency without observance of the provisions requiring contracts, bids, or notice. If notice for bids to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 2.5. Effective January 1, 1995.)
20314.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 17. Golden Empire Transit District [20310 - 20314] ( Heading of Article 17 amended by Stats. 1986, Ch. 195, Sec. 48. )
Verify source ↗

Bids for construction work must be submitted in sealed cover and include one approved form of bidder’s security. If a bidder is unsuccessful, its security must be returned after award, and the district may not hold it more than 60 days.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 17. Golden Empire Transit District [20310 - 20314] ( Heading of Article 17 amended by Stats. 1986, Ch. 195, Sec. 48. ) ## 20314. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 20.)
20320.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 18. Sacramento Regional Transit District [20320 - 20324] ( Heading of Article 18 amended by Stats. 1984, Ch. 1128, Sec. 26. )
Verify source ↗

This section says the article applies to contracts made by the Sacramento Regional Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 18. Sacramento Regional Transit District [20320 - 20324] ( Heading of Article 18 amended by Stats. 1984, Ch. 1128, Sec. 26. ) ## 20320. The provisions of this article shall apply to contracts by the Sacramento Regional Transit District, as provided for in Part 14 (commencing with Section 102000) of Division 10 of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20321.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 18. Sacramento Regional Transit District [20320 - 20324] ( Heading of Article 18 amended by Stats. 1984, Ch. 1128, Sec. 26. )
Verify source ↗

Contracts over $5,000 for transit works or transit facilities must be awarded to the lowest responsible bidder after competitive bidding, unless the district board declares an emergency by a four-fifths vote.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 18. Sacramento Regional Transit District [20320 - 20324] ( Heading of Article 18 amended by Stats. 1984, Ch. 1128, Sec. 26. ) ## 20321. Contracts for the construction of transit works or transit facilities in excess of five thousand dollars ($5,000) shall be awarded to the lowest responsible bidder after competitive bidding, except in emergency declared by four-fifths vote of the board of the district. If an emergency is declared and notice for bids to let contracts is not given, the board of the district shall comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 2024, Ch. 111, Sec. 1. (AB 2634) Effective January 1, 2025.)
20322.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 18. Sacramento Regional Transit District [20320 - 20324] ( Heading of Article 18 amended by Stats. 1984, Ch. 1128, Sec. 26. )
Verify source ↗

Construction bids must be sealed and include one approved form of bidder security. If there is an award to the lowest bidder, the district must return an unsuccessful bidder’s security within a reasonable time and not keep it longer than 60 days after the award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 18. Sacramento Regional Transit District [20320 - 20324] ( Heading of Article 18 amended by Stats. 1984, Ch. 1128, Sec. 26. ) ## 20322. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 21.)
20323.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 18. Sacramento Regional Transit District [20320 - 20324] ( Heading of Article 18 amended by Stats. 1984, Ch. 1128, Sec. 26. )
Verify source ↗

The Sacramento Regional Transit District may use competitive negotiation for certain equipment purchases if the board finds ordinary purchasing rules are not adequate, and the section sets required RFP, award, and protest procedures.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 18. Sacramento Regional Transit District [20320 - 20324] ( Heading of Article 18 amended by Stats. 1984, Ch. 1128, Sec. 26. ) ## 20323. (a) The Legislature finds and declares that the award of purchase contracts by the Sacramento Regional Transit District under competitive bid procedures may not be feasible for products and materials which are undergoing rapid technological changes or for the introduction of new technologies into district operations, and that in these circumstances it is in the public interest to consider the broadest possible range of competing products and materials available, fitness of purpose, manufacturer’s warranty, vendor financing, performance reliability, standardization, life-cycle costs, delivery timetables, support logistics, and other similar factors in addition to price in the award of these contracts. (b) Notwithstanding any other provision of law, the Board of Directors of the Sacramento Regional Transit District may direct the purchase of (1) computers, telecommunications equipment, fare collection equipment, microwave equipment, and other related electronic equipment and apparatus; (2) specialized rail transit equipment, including, but not limited to, rail cars; and (3) electric powered transit vehicles, by competitive negotiation upon a finding by two-thirds vote of all members of the board of the district that the purchase of that equipment in compliance with provisions of this code generally applicable to the purchase does not constitute a method of procurement adequate for the district’s needs. Competitive negotiations may also be used for the purchase of replacement radio equipment, if the initial purchase of the radio equipment was done by competitive bidding. This section does not apply to contracts for construction or for the procurement of any product available in substantial quantities to the general public. (c) Competitive negotiation, for the purposes of this section includes, but is not limited to, all of the following requirements: (1) A request for proposal shall be prepared and submitted to an adequate number of qualified sources, as determined by the district in its discretion, to permit reasonable competition consistent with the nature and requirements of the procurement. In addition, notice of the request for proposal shall be published at least once in a newspaper of general circulation, which publication shall be made at least 10 days before the date for receipt of the proposals. The district shall make every effort to generate the maximum feasible number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiate if only a single response to the request for proposal is received. (2) The request for proposal shall identify all significant evaluation factors, including price, and their relative importance. (3) The district shall provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for contract award. (4) Prior to making an award, the district shall prepare a price analysis and shall find that the final negotiated price is fair and reasonable based upon comparable procurements in the marketplace. (5) Award shall be made to the qualified proposer whose proposal will be most advantageous to the district with price and other factors considered. If award is not made to the proposer whose proposal contains the lowest price, the board shall make a finding setting forth the basis for the award. (d) The district may reject any and all proposals and issue a new request for proposals at its discretion. (e) Upon making an award to a qualified proposer, the district, upon request, shall make available to all other proposers and to the public, an analysis of the award which provides the basis for the selection of that particular qualified proposal. (f) A person who submits, or who plans to submit, a proposal may protest any acquisition conducted in accordance with this section as follows: (1) Protests based on the content of the request for proposals shall be filed with the district within 10 calendar days after the request for proposals is first advertised in accordance with subdivision (c). The district shall issue a written decision on the protest prior to opening of proposals. A protest may be renewed by refiling the protest with the district within 15 calendar days after the mailing of the notice of the recommended award. (2) Any bidder may protest the recommended award on any ground not based upon the content of the request for proposals by filing a protest with the district within 15 calendar days after the mailing of the notice of the recommended award. (3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protesters shall have an opportunity to appear and be heard before the board prior to the opening of proposals in the case of protests based on the content of the request for proposals, or prior to final award in the case of protests based on other grounds or the renewal of protests based on the content of the request for proposals. (g) Provisions in any contract concerning women and minority business enterprises, which provisions are in accordance with the request for proposals, shall not be subject to negotiation with the successful bidder. (Amended by Stats. 1993, Ch. 250, Sec. 1. Effective January 1, 1994.)
20324.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 18. Sacramento Regional Transit District [20320 - 20324] ( Heading of Article 18 amended by Stats. 1984, Ch. 1128, Sec. 26. )
Verify source ↗

The Sacramento Regional Transit District board may use a design-build approach for the Folsom Corridor Light Rail Extension and Double Tracking Project, but if it does so, it must follow specified prequalification, notice, bidding, and award procedures and may not give special preference to contractors involved in the initial designs.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 18. Sacramento Regional Transit District [20320 - 20324] ( Heading of Article 18 amended by Stats. 1984, Ch. 1128, Sec. 26. ) ## 20324. Notwithstanding Section 20321, the Board of Directors of the Sacramento Regional Transit District may construct all or any part of the Folsom Corridor Light Rail Extension and Double Tracking Project using a design and construct approach. If the board elects to design and construct the project, it shall comply with all of the following procedures: (a) A request for qualifications shall be prepared and submitted to an adequate number of sources, as determined by the district, to permit reasonable competition consistent with the nature and requirements of that portion of the extension the district elects to design and construct. In addition, notice of the request for qualifications shall be published at least once in a newspaper of general circulation, at least 10 days before the last date on which responses to the request for qualifications may be received. The request for qualifications shall identify the minimum standards that the district has determined shall be met or exceeded by a contractor to successfully design and construct the project described in this section. Those standards may include, but are not limited to, technical experience and capability, financial condition and capacity, organization, and personnel. (b) All respondents determined by the district to meet or exceed the minimum standards set forth in the request for qualifications shall be considered prequalified. The district may repeat the prequalification process described in subdivision (a). If the district has prequalified at least three respondents, it may invite those prequalified to submit sealed bids for the project based upon plans and specifications previously prepared by the district. Only those who have been prequalified are eligible for award of a contract. Award shall be made to the prequalified bidder submitting the lowest responsible bid. (c) The board may reject any and all bids and request new bids. (d) The board shall not give any special preference in the design and construct bidding process authorized by this section to any contractor or consortium of contractors that worked on the initial designs of the Folsom Corridor Light Rail Extension and Double Tracking Project. (Added by Stats. 1998, Ch. 52, Sec. 1. Effective January 1, 1999.)
20330.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 19. San Mateo County Transit District [20330 - 20332] ( Heading of Article 19 amended by Stats. 1984, Ch. 1128, Sec. 27. )
Verify source ↗

This article applies to contracts made by the San Mateo County Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 19. San Mateo County Transit District [20330 - 20332] ( Heading of Article 19 amended by Stats. 1984, Ch. 1128, Sec. 27. ) ## 20330. The provisions of this article shall apply to contracts by the San Mateo County Transit District, as provided for in Part 15 (commencing with Section 103000) of Division 10 of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20331.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 19. San Mateo County Transit District [20330 - 20332] ( Heading of Article 19 amended by Stats. 1984, Ch. 1128, Sec. 27. )
Verify source ↗

Transit construction contracts over $10,000 must be awarded to the lowest responsible bidder after competitive bidding, unless an emergency is declared by seven board members.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 19. San Mateo County Transit District [20330 - 20332] ( Heading of Article 19 amended by Stats. 1984, Ch. 1128, Sec. 27. ) ## 20331. Contracts for the construction of transit works or transit facilities in excess of ten thousand dollars ($10,000) shall be awarded to the lowest responsible bidder after competitive bidding, except in emergency declared by the vote of seven members of the board. In the case of an emergency, if notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). (Amended by Stats. 1994, Ch. 803, Sec. 2.6. Effective January 1, 1995.)
20332.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 19. San Mateo County Transit District [20330 - 20332] ( Heading of Article 19 amended by Stats. 1984, Ch. 1128, Sec. 27. )
Verify source ↗

Construction bids must be submitted in sealed cover with one approved form of bidder security, and an unsuccessful bidder’s security must be returned after award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 19. San Mateo County Transit District [20330 - 20332] ( Heading of Article 19 amended by Stats. 1984, Ch. 1128, Sec. 27. ) ## 20332. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 22.)
20340.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 20. Transit Development Boards [20340 - 20342] ( Heading of Article 20 amended by Stats. 1984, Ch. 1128, Sec. 28. )
Verify source ↗

This section says the article applies to contracts made by the San Diego Metropolitan Transit Development Board.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 20. Transit Development Boards [20340 - 20342] ( Heading of Article 20 amended by Stats. 1984, Ch. 1128, Sec. 28. ) ## 20340. The provisions of this article shall apply to contracts by the San Diego Metropolitan Transit Development Board, as provided for in Division 11 (commencing with Section 120000) of the Public Utilities Code. (Amended by Stats. 2005, Ch. 557, Sec. 1. Effective October 5, 2005.)
20341.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 20. Transit Development Boards [20340 - 20342] ( Heading of Article 20 amended by Stats. 1984, Ch. 1128, Sec. 28. )
Verify source ↗

Transit Development Board construction contracts over $50,000 must go to the lowest responsible bidder after competitive bidding, unless a two-thirds board vote declares an emergency.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 20. Transit Development Boards [20340 - 20342] ( Heading of Article 20 amended by Stats. 1984, Ch. 1128, Sec. 28. ) ## 20341. (a) Contracts for construction in excess of fifty thousand dollars ($50,000) shall be awarded to the lowest responsible bidder submitting a responsive bid after competitive bidding, except in emergency declared by the vote of two-thirds of the membership of the board. If the expected construction contract exceeds one thousand dollars ($1,000) and does not exceed fifty thousand dollars ($50,000), the board shall seek a minimum of three quotations, either written or oral, that permit prices and other terms to be compared, and the board shall award the contract to the bidder who submitted the lowest quotation. (b) If no bids are received, the project may be performed by a negotiated contract. (Amended by Stats. 2009, Ch. 536, Sec. 2. (AB 1471) Effective January 1, 2010.)
20342.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 20. Transit Development Boards [20340 - 20342] ( Heading of Article 20 amended by Stats. 1984, Ch. 1128, Sec. 28. )
Verify source ↗

Construction bids must be sealed and include bidder security; unsuccessful bidder security must be returned after award and not kept beyond 60 days.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 20. Transit Development Boards [20340 - 20342] ( Heading of Article 20 amended by Stats. 1984, Ch. 1128, Sec. 28. ) ## 20342. 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: (a) Cash. (b) A cashier’s check made payable to the board. (c) A certified check made payable to the board. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the board. 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 board beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 23.)
20350.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21. North San Diego County Transit Development Board [20350 - 20352] ( Heading of Article 21 amended by Stats. 1984, Ch. 1128, Sec. 29. )
Verify source ↗

This section says Article 21 applies to contracts by the North San Diego County Transit Development Board.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21. North San Diego County Transit Development Board [20350 - 20352] ( Heading of Article 21 amended by Stats. 1984, Ch. 1128, Sec. 29. ) ## 20350. The provisions of this article shall apply to contracts by the North San Diego County Transit Development Board, as provided for in Division 11.5 (commencing with Section 125000) of the Public Utilities Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20351.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21. North San Diego County Transit Development Board [20350 - 20352] ( Heading of Article 21 amended by Stats. 1984, Ch. 1128, Sec. 29. )
Verify source ↗

Construction contracts over $10,000 must be awarded through competitive bidding to the lowest responsible bidder, unless there is an emergency declared by a two-thirds board vote. The North County Transit District may choose to opt in to the Uniform Public Construction Cost Accounting Act.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21. North San Diego County Transit Development Board [20350 - 20352] ( Heading of Article 21 amended by Stats. 1984, Ch. 1128, Sec. 29. ) ## 20351. (a) Contracts for construction in excess of ten thousand dollars ($10,000) shall be awarded to the lowest responsible bidder after competitive bidding, except in an emergency declared by the vote of two-thirds of the membership of the board. (b) Notwithstanding any other law, the North County Transit District may opt in to the Uniform Public Construction Cost Accounting Act (Chapter 2 (commencing with Section 22000)). (Amended by Stats. 2018, Ch. 554, Sec. 1. (AB 3177) Effective January 1, 2019.)
20352.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21. North San Diego County Transit Development Board [20350 - 20352] ( Heading of Article 21 amended by Stats. 1984, Ch. 1128, Sec. 29. )
Verify source ↗

Construction bids must be sealed and include one approved form of bidder security. If the award goes to the lowest bidder, an unsuccessful bidder’s security must be returned within a reasonable time and may not be held by the board for more than 60 days after the award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21. North San Diego County Transit Development Board [20350 - 20352] ( Heading of Article 21 amended by Stats. 1984, Ch. 1128, Sec. 29. ) ## 20352. 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: (a) Cash. (b) A cashier’s check made payable to the board. (c) A certified check made payable to the board. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the board. 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 board beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 24.)
20355.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. )
Verify source ↗

This article applies to contracts made by the Sonoma-Marin Area Rail Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. ) ## 20355. The provisions of this article shall apply to contracts by the Sonoma-Marin Area Rail Transit District, as provided for in Part 16 (commencing with Section 105000) of Division 10 of the Public Utilities Code. (Added by Stats. 2002, Ch. 341, Sec. 3. Effective January 1, 2003.)
20355.1.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. )
Verify source ↗

The district must use competitive contracting rules for purchases and construction over specified dollar thresholds, including lowest responsible bidder or best value for larger purchases, at least three quotations for mid-range purchases, public bid notice, and the ability to reject bids.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. ) ## 20355.1. (a) The purchase of all supplies, equipment, and materials, when the expenditure required exceeds seventy-five thousand dollars ($75,000), shall be by contract let to the lowest responsible bidder, or, in the district’s discretion, to the responsible bidder who submitted a proposal that provides the best value to the district on the basis of the factors identified in the solicitation. “Best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit in response to the requirements described in the solicitation documents. (b) To the extent practicable, the district shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared whenever the expected expenditure required for the purchase of supplies, equipment, or materials exceeds ten thousand dollars ($10,000), but does not exceed seventy-five thousand dollars ($75,000). (c) The construction of facilities and works when the expenditure required exceeds ten thousand dollars ($10,000) shall be by contract let to the lowest responsible bidder. (d) Notice requesting bids shall be published at least once in a newspaper of general circulation. This publication shall be made at least 10 days before the bids are received. The district may reject any and all bids and readvertise in its discretion. (Amended by Stats. 2024, Ch. 866, Sec. 1. (SB 904) Effective January 1, 2025.)
20355.2.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. )
Verify source ↗

If the district rejects bids and decides the items can be bought for less in the open market, it may buy the supplies, equipment, and materials there without following the contract, bid, or notice requirements.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. ) ## 20355.2. If after rejecting bids the district determines that the supplies, equipment, and materials may be purchased at a lower price in the open market, the district may proceed to purchase the supplies, equipment, and materials in the open market without further observance of the provisions requiring contracts, bids, or notice. (Added by Stats. 2002, Ch. 341, Sec. 3. Effective January 1, 2003.)
20355.3.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. )
Verify source ↗

In an emergency, the board may declare an emergency by a two-thirds vote and spend or contract for needed emergency expenditures without following contract, bid, or notice rules, but it must also follow Chapter 2.5 if bid notice will not be given.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. ) ## 20355.3. In case of an emergency, the board may, by resolution passed by a two-thirds vote of all its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed in the emergency without observance of the provisions requiring contracts, bids, or notice. If notice for bids to let contracts will not be given, the board shall also comply with Chapter 2.5 (commencing with Section 22050). (Added by Stats. 2002, Ch. 341, Sec. 3. Effective January 1, 2003.)
20355.4.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. )
Verify source ↗

The general manager may authorize emergency spending for direct purchases of goods and services if certain damage and inadequacy findings are made, and must later report to the board.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. ) ## 20355.4. (a) Upon determining that immediate remedial measures are necessary to avert or alleviate damage to property of the district or to repair or restore damaged or destroyed property of the district in order to ensure that the facilities of the district are available to serve the transportation needs of the general public, and upon determining that available remedial measures, including procurement in compliance with Sections 20355, 20355.1, 20355.2, and 20355.3 are inadequate, the general manager may authorize the expenditure of money previously appropriated specifically by the board for the direct purchases of goods and services, without observance of the provisions of those sections. (b) The general manager shall, after any such expenditure, submit to the board a full report explaining the necessity for the action. (Added by Stats. 2002, Ch. 341, Sec. 3. Effective January 1, 2003.)
20355.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. )
Verify source ↗

Construction bids must be submitted in sealed cover and include one approved form of bidder’s security.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. ) ## 20355.5. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Added by Stats. 2002, Ch. 341, Sec. 3. Effective January 1, 2003.)
20355.6.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. )
Verify source ↗

The board may approve procurement of prototype equipment or modifications for operational testing if two-thirds of all board members find the proposed purchase is not an adequate procurement method for district facilities or equipment.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. ) ## 20355.6. Notwithstanding Section 20355.1, and upon a finding by two-thirds of all members of the board that the proposed purchase in compliance with Sections 20355.1 and 20355.2 does not constitute a method of procurement adequate for the operation of district facilities or equipment, the board may direct the procurement of prototype equipment or modifications in an amount sufficient to conduct and evaluate operational testing without further observance of any provisions requiring contracts, bids, or notice. (Added by Stats. 2002, Ch. 341, Sec. 3. Effective January 1, 2003.)
20355.7.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. )
Verify source ↗

The district may use competitive negotiation to buy certain rail transit and electronic equipment if the board makes the required finding, and it must follow specified request-for-proposal, notice, award, and protest procedures.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 21.5. Sonoma-Marin Area Rail Transit District [20355 - 20355.7] ( Article 21.5 added by Stats. 2002, Ch. 341, Sec. 3. ) ## 20355.7. (a) Notwithstanding any other provision of law, the governing board of the Sonoma-Marin Area Rail Transit District may direct the purchase of (1) electronic equipment, including, but not limited to, computers, telecommunications equipment, fare collection equipment, radio and microwave equipment, and other related electronic equipment and apparatus used in rail transit operations; and (2) specialized rail transit equipment, including, but not limited to, rail cars, by competitive negotiation upon a finding by two-thirds of all members of the board that the purchase of that equipment in compliance with provisions of this code generally applicable to the purchase does not constitute a method of procurement adequate for the district’s needs. This section does not apply to contracts for construction or for the procurement of any product available in substantial quantities to the general public. (b) Competitive negotiation, for the purposes of this section, shall include, as a minimum, all of the following elements: (1) A request for proposal shall be prepared and submitted to an adequate number of qualified sources, as determined by the district in its discretion, to permit reasonable competition consistent with the nature and requirements of the procurement. In addition, notice of the request for proposal shall be published at least once in a newspaper of general circulation, which publication shall be made at least 10 days before the proposals are received. The district shall make reasonable efforts to generate the maximum feasible number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiate if only a single response to the request for proposal is received. (2) The request for proposal shall identify significant evaluation factors, including price, and their relative importance. (3) The district shall provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for contract award. (4) The award shall be made to the qualified bidder whose proposal will be most advantageous to the district with price and other factors considered. If the award is not made to the bidder whose proposal contains the lowest price, the board shall make a finding setting forth the basis for the award. (c) The board may reject any and all proposals and request new proposals at its discretion. (d) A person who submits, or who plans to submit, a proposal may protest any acquisition conducted in accordance with this section as follows: (1) Protests based on the content of the request for proposal shall be filed with the district within 10 calendar days after the request for proposal is first advertised in accordance with subdivision (b). The district shall issue a written decision on the protest prior to the opening of proposals. A protest may be renewed by refiling the protest with the district within 15 calendar days after the mailing of the notice of the recommended award. (2) Any bidder may protest the recommended award on any ground not based upon the content of the request for proposals by filing a protest with the district within 15 calendar days after the mailing of the notice of the recommended award. (3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protestors shall have an opportunity to appear and be heard before the board prior to the opening of proposals in the case of protests based on the content of the request for proposals, prior to final award in the case of protests based on other grounds or the renewal of protests based on the content of the request for proposals. (e) Provisions in any contract concerning women and minority business enterprises, which provisions are in accordance with the request for proposals, shall not be subject to negotiation with the successful bidder. (Added by Stats. 2002, Ch. 341, Sec. 3. Effective January 1, 2003.)
20370.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 23. Fresno Metropolitan Transit District [20370 - 20374] ( Heading of Article 23 amended by Stats. 1984, Ch. 1128, Sec. 31. )
Verify source ↗

This article applies to contracts made by the Fresno Metropolitan Transit District.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 23. Fresno Metropolitan Transit District [20370 - 20374] ( Heading of Article 23 amended by Stats. 1984, Ch. 1128, Sec. 31. ) ## 20370. The provisions of this article shall apply to contracts by the Fresno Metropolitan Transit District, as provided for in Chapter 1932 of the Statutes of 1961. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20371.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 23. Fresno Metropolitan Transit District [20370 - 20374] ( Heading of Article 23 amended by Stats. 1984, Ch. 1128, Sec. 31. )
Verify source ↗

Purchases and construction over $3,000 must be awarded by contract to the lowest responsible bidder, with notice published at least 10 days before bids are received.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 23. Fresno Metropolitan Transit District [20370 - 20374] ( Heading of Article 23 amended by Stats. 1984, Ch. 1128, Sec. 31. ) ## 20371. The purchase of all supplies, equipment and materials, and the construction of facilities and works, when the expenditure required exceeds three thousand dollars ($3,000), shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published at least once in a newspaper of general circulation, which publication shall be made at least 10 days before bids are received. The board may reject any and all bids and readvertise in its discretion. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20372.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 23. Fresno Metropolitan Transit District [20370 - 20374] ( Heading of Article 23 amended by Stats. 1984, Ch. 1128, Sec. 31. )
Verify source ↗

After rejecting bids, the board may buy supplies, equipment, and materials in the open market if it declares by a four-fifths vote that the open-market price would be lower.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 23. Fresno Metropolitan Transit District [20370 - 20374] ( Heading of Article 23 amended by Stats. 1984, Ch. 1128, Sec. 31. ) ## 20372. If after rejecting bids the board determines and declares by a four-fifths vote of all its members that in its opinion the supplies, equipment and materials may be purchased at a lower price in the open market, the board may proceed to purchase the supplies, equipment and materials in the open market without further observance of the provisions requiring contracts, bids, or notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20373.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 23. Fresno Metropolitan Transit District [20370 - 20374] ( Heading of Article 23 amended by Stats. 1984, Ch. 1128, Sec. 31. )
Verify source ↗

In a great public calamity, the board may declare an emergency by a four-fifths vote and spend or contract for needed sums without following contract, bid, or notice requirements.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 23. Fresno Metropolitan Transit District [20370 - 20374] ( Heading of Article 23 amended by Stats. 1984, Ch. 1128, Sec. 31. ) ## 20373. In case of any great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, the board may, by resolution passed by a four-fifths vote of all its members declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed in such emergency without observance of the provisions requiring contracts, bids, or notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20374.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 23. Fresno Metropolitan Transit District [20370 - 20374] ( Heading of Article 23 amended by Stats. 1984, Ch. 1128, Sec. 31. )
Verify source ↗

Construction bids must be sealed and include bidder security; unsuccessful bidder security must be returned after award and not held more than 60 days.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 23. Fresno Metropolitan Transit District [20370 - 20374] ( Heading of Article 23 amended by Stats. 1984, Ch. 1128, Sec. 31. ) ## 20374. 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: (a) Cash. (b) A cashier’s check made payable to the district. (c) A certified check made payable to the district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the 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. (Amended by Stats. 1990, Ch. 808, Sec. 25.)
20380.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24. West Bay Rapid Transit Authority [20380 - 20381] ( Heading of Article 24 amended by Stats. 1984, Ch. 1128, Sec. 32. )
Verify source ↗

This section says the article applies to contracts made by the West Bay Rapid Transit Authority.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24. West Bay Rapid Transit Authority [20380 - 20381] ( Heading of Article 24 amended by Stats. 1984, Ch. 1128, Sec. 32. ) ## 20380. The provisions of this article shall apply to contracts by the West Bay Rapid Transit Authority, as provided for in Chapter 104 of the Statutes of 1964, First Extraordinary Session. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20381.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24. West Bay Rapid Transit Authority [20380 - 20381] ( Heading of Article 24 amended by Stats. 1984, Ch. 1128, Sec. 32. )
Verify source ↗

The authority may build the system, buy needed property, do the work itself, and make construction contracts on terms it considers advisable.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24. West Bay Rapid Transit Authority [20380 - 20381] ( Heading of Article 24 amended by Stats. 1984, Ch. 1128, Sec. 32. ) ## 20381. The authority may construct the system or any part thereof, and acquire all property necessary therefor on terms and conditions that it deems advisable. The authority, without awarding a contract for the construction of the system, or any part thereof, may do the work directly and may purchase materials, hire labor, and do all other things necessary for the doing of the work. When any part of the work is to be done or performed by any public body or by the United States jointly or in conjunction with the authority, the portion of the cost thereof to be borne by the authority may be turned over to the government of the United States or to any other public body to be expended by it in the acquisition, construction or completion of the system or any part thereof. Construction contracts entered into by the authority are not subject to the State Contract Act pursuant to Chapter 11 (commencing with Section 10100) and shall be governed solely by this act, except that Chapter 3 (commencing with Section 4200) of Division 5 of Title 1 of the Government Code is hereby expressly made applicable to the system, or any part thereof, under this act. Construction contracts may be entered into in the manner and upon terms that the authority deems advisable. (Amended by Stats. 1986, Ch. 195, Sec. 50.)
20385.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. )
Verify source ↗

This section says the Los Angeles County Metropolitan Transportation Authority may use a job order contracting procurement method for public works projects, and the article applies only to that authority.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. ) ## 20385. The Legislature finds and declares all of the following: (a) It is the intent of the Legislature, in enacting this article, to authorize an alternative and optional procedure for bidding of public works projects that is applicable only to the Los Angeles County Metropolitan Transportation Authority to utilize job order contracts as a delivery method. (b) The availability of job order contracting as a delivery method for the Los Angeles County Metropolitan Transportation Authority will not preclude the use of traditional delivery methods. (c) It is the intent of the Legislature that job order contracts of the Los Angeles County Metropolitan Transportation Authority be competitively bid and awarded to bidders providing qualified responsive bids. (d) The Los Angeles County Metropolitan Transportation Authority should have the authority to use the procurement method outlined in this article for job order contracts, notwithstanding any other applicable procurement requirements. (e) This article will not affect work that is protected by the Los Angeles County Metropolitan Transportation Authority’s collective bargaining agreements. (Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 20389.)
20385.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. )
Verify source ↗

This section defines “Los Angeles County Metropolitan Transportation Authority” or “authority” for this article.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. ) ## 20385.5. As used in this article, “Los Angeles County Metropolitan Transportation Authority” or “authority” means the Los Angeles County Metropolitan Transportation Authority created by Section 130050.2 of the Public Utilities Code. (Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 20389.)
20386.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. )
Verify source ↗

The authority may use job order contracting, but it must follow specified bidding, labor, and solicitation rules.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. ) ## 20386. (a) (1) The authority may use the procurement method outlined in this article for job order contracts. (2) The authority shall not contract for work that is protected by applicable collective bargaining agreements. All job order contracts shall comply with all authority collective bargaining agreements. (3) Job order contracts of the authority shall be competitively bid and awarded to bidders providing qualified responsive bids. (4) Job order contracts shall be for repair, remodeling, or other repetitive work to be done according to unit prices. No annual contracts may be awarded for any new construction. (5) A job order contract shall be subject to the project labor agreement between the authority and the Los Angeles/Orange Counties Building and Construction Trades Council, or an amendment or extension of that agreement. (b) Solicitations for job order contracts shall progress as follows: (1) The authority shall prepare a set of solicitation documents for job order contracts. The documents shall include a unit price catalog or other established unit prices, job order contract terms, job order contract technical specifications, and any other information the authority deems necessary to adequately describe the authority’s needs. (2) An architect, engineer, consultant, or contractor retained by the authority to assist in the development of the job order contract solicitation documents shall not be eligible to bid or to participate in the preparation of a job order contract bid. (3) The authority may award multiple job order contracts in response to a single job order contract solicitation. (c) The authority shall develop a system for evaluating job order contract bids for award of job order contracts. (d) The award of a job order contract shall progress as follows: (1) The authority shall prepare a request for bids for job order contracts based on the documents prepared under paragraph (1) of subdivision (b) that invites job order contractors to submit sealed bids in the manner prescribed by the authority. (2) Each bidding job order contractor shall include in its bid one or more adjustment factors to the established unit prices provided in the request for bids based on the contract technical specifications. (3) Each bidding job order contractor shall agree to identify any subcontractors to be used for the job orders performed pursuant to the job order contract. (4) The award of job order contracts, if any, shall be made to a job order contractor or to job order contractors that the authority determines to be qualified and responsive based upon preestablished criteria to be determined by the authority. (5) The job order contractors shall comply with the authority’s project labor agreement, as applicable. (6) Notwithstanding paragraph (4), the authority, by a process determined by the authority, may award any job order for repair or renovation work with a value equal to or less than two hundred fifty thousand dollars ($250,000) to a job order contractor that is also a certified small business enterprise, as established by the authority’s small business enterprise certification process or any similar certification process acceptable to the authority, or to a job order contractor that is also a disabled veterans business enterprise, as certified by the Department of General Services. (Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 20389.)
20386.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. )
Verify source ↗

This section limits job order contract amounts and time periods, and bars splitting work to avoid the cost limits.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. ) ## 20386.5. (a) The maximum total dollar amount that may be awarded under a single job order contract shall not exceed five million dollars ($5,000,000) in the initial contract term of the job order contract. No single job order may exceed one million dollars ($1,000,000). (b) Job order contracts may be executed for an initial contract term of no more than 12 months and may be extended or renewed for two subsequent annual terms and a maximum of ten million dollars ($10,000,000) over the subsequent two terms of the contract. (c) Work shall not be split or separated into smaller job orders for the purpose of evading the cost limitation provisions of this article. (d) Dollar amounts specified in this section may be adjusted annually to reflect the percentage change in the California Consumer Price Index. (Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 20389.)
20387.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. )
Verify source ↗

Job order contractors who use subcontractors must verify the subcontractor’s licenses and credentials; the authority can take enforcement action if a violation is found after due process review.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. ) ## 20387. (a) All work bid under job order contracts shall comply with Chapter 4 (commencing with Section 4100) of Part 1 and is subject to all of the penalties and provisions set forth in that chapter. (b) For purposes of this article, if a job order contractor chooses to use a subcontractor, the job order contractor shall verify that the subcontractor possesses and maintains the appropriate licenses and credentials required. (c) If the authority, after conducting an administrative due process review, determines that there has been a violation of Chapter 4 (commencing with Section 4100) of Part 1, including, but not limited to, bid shopping by the job order contractor, the authority may terminate the job order contract, declare the contractor ineligible for future job order contracts for a period of time to be determined by the authority, or withdraw authorization for the contractor to proceed with awarded work. (Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 20389.)
20387.3.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. )
Verify source ↗

Job order contracts must identify who ensures Labor Code compliance, job order contractors must pay prevailing wages for all ordered work, and the authority must name one monitor on request.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. ) ## 20387.3. (a) A job order contract shall set forth in the general conditions of the job order contract the party or parties responsible for seeing that Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code is complied with. (b) For purposes of job order contracting, prevailing wages shall apply to all work ordered under the job order contract regardless of thresholds set forth in Section 1771.5 of the Labor Code. (c) The job order contractor shall pay the prevailing wage in effect at the time the job order contract is issued by the authority and all increases as published by the Department of Industrial Relations for the term of the job order contract, including all overtime, holiday, and shift provisions published by the Department of Industrial Relations. (d) The authority shall designate one individual to act as a monitor to inspect job sites for labor compliance violations at the request of the designated labor representative in its project labor agreement. (Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 20389.)
20387.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. )
Verify source ↗

The authority must prepare an independent cost estimate for each job order, compare it with the contractor’s estimate before issuing the job order, and may decline to issue the job order if the contractor’s estimate is unreasonable, not cost effective, or undesirable.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. ) ## 20387.5. In order to prevent fraud, waste, and abuse, the authority shall prepare for each individual job order developed under a job order contract an independent cost estimate. The estimate shall be prepared prior to the receipt of any job order contractor’s estimate for the work and shall be compared to the job order contractor’s estimate to determine the reasonableness of that estimate before issuance of any job order. If the authority finds the job order contractor’s estimate to perform work for a given job order to be unreasonable, not cost effective, or undesirable, the authority may elect not to issue the job order to the job order contractor, and may, instead, utilize any other available procurement procedures or choose not to move forward with the work. (Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 20389.)
20388.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. )
Verify source ↗

The authority must submit a report on job order contracting to the Legislature’s appropriate policy and fiscal committees by January 1, 2028.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. ) ## 20388. (a) The authority shall submit to the appropriate policy and fiscal committees of the Legislature, on or before January 1, 2028, a report on the use of job order contracting under this article. The report shall include, but shall not be limited to, all of the following information: (1) A description of the authority’s system for evaluating job order contract bids for award of job order contracts, including, but not limited to, the criteria used by the authority to determine a qualified and responsive job order contractor. (2) A description of each job order contract awarded and the contractor awarded the contract. (3) An assessment of the use of job order contracting under this article. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 20389.)
20389.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. )
Verify source ↗

This article expires and is repealed on January 1, 2029.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 24.5. Job Order Contracting Procurement by the Los Angeles County Metropolitan Transportation Authority [20385 - 20389] ( Article 24.5 added by Stats. 2023, Ch. 87, Sec. 1. ) ## 20389. This article shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2023, Ch. 87, Sec. 1. (AB 499) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Article 24.5, commencing with Section 20385.)
20390.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. )
Verify source ↗

This article applies to contracts made by boards of supervisors for county highway construction, repair, or maintenance.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. ) ## 20390. The provisions of this article shall apply to contracts by boards of supervisors for the construction, repair, or maintenance of a county highway, as provided for in Chapter 4 (commencing with Section 1070) of Division 2 of the Streets and Highways Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20392.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. )
Verify source ↗

The board must publish a sealed-bid notice, refer to the project documents in the notice, set a bid-opening time, and publish the notice in a qualifying county newspaper the required number of times.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. ) ## 20392. Upon receipt of such profiles, cross sections, plans, and specifications, the board shall publish a notice calling for sealed bids for the performance of the work specified. The notice shall refer to said profiles, cross sections, plans, and specifications, and shall set a time at which bids will be opened. The board shall cause this notice to be published for at least 10 consecutive times, prior to the date set for opening bids, in a daily newspaper of general circulation printed and published in the county and designated by the board, or for at least two consecutive times prior to such date in a weekly newspaper printed and published in the county and designated by the board. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20392.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. )
Verify source ↗

Construction bids must be submitted in sealed cover with bidder’s security, and an unsuccessful bidder’s security must be returned within a reasonable time and no later than 60 days after the award.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. ) ## 20392.5. 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: (a) Cash. (b) A cashier’s check made payable to the county. (c) A certified check made payable to the county. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the county. 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 county beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 26.)
20393.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. )
Verify source ↗

The board must open bids at the time stated in the notice and award the contract to the lowest responsible bidder, unless it finds the bids are too high and day labor would be cheaper.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. ) ## 20393. At the time specified in the notice, the board shall publicly open all bids received and shall award the contract for the work to the lowest responsible bidder, unless the board finds that the bids are too high, and that the work can be done more cheaply by day labor. In such case, the board shall reject the bids and order the work to be done by the road commissioners in whose districts the work is situated. In any case, the board may reject all bids and advertise for new bids in the manner specified in this article. The board may provide, by resolution, that the bids be opened, examined, and declared by an officer designated in the resolution. Any such resolution shall require that the bids be opened at a public meeting called by the officer and that the results of the bidding be reported to the board at a subsequent regular board meeting. The notice inviting bids shall state the time and place of the public meeting and the name of the designated officer. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20394.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. )
Verify source ↗

If the board finds county highway work will cost $25,000 or less, the board or the purchasing agent may handle the work without calling for bids.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. ) ## 20394. Whenever the board finds that the estimated expense of any work to be done upon any county highway is twenty-five thousand dollars ($25,000) or less, the board or the purchasing agent may let a contract covering both work and material, or purchase the material and let a contract for doing the work, or purchase the materials and do the work by day labor, without calling for bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20394.5.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. )
Verify source ↗

For county highway work estimated at $50,000 or less, the board or purchasing agent may contract for the work if notice is published on time, and the successful bidder must provide a bond.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. ) ## 20394.5. Notwithstanding any other provision of this article, whenever the board of supervisors finds that the estimated expense of any work to be done upon any county highway is fifty thousand dollars ($50,000) or less, the board or the purchasing agent may have the work done by contract upon notice describing the work in general terms and stating a closing date for submission of bids. Notice shall be published in a newspaper of general circulation printed and published within the jurisdiction of the county. Notice shall be published in accordance with Section 6066 of the Government Code and shall be completed at least 48 hours before the time scheduled for opening of the bids. Notice inviting bids may also be published in a trade publication. The successful bidder shall give a bond in the amount the board requires, conditioned on the faithful performance of the contract, and on the payment of all labor employed and material used in the work. The board may delegate its authority under this section to the county road commissioner. (Amended by Stats. 1985, Ch. 365, Sec. 1.)
20396.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. )
Verify source ↗

In a county with a competent engineer serving as road commissioner, the board of supervisors may choose to do the work itself or award contracts for the work under the State Contract Act.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. ) ## 20396. Notwithstanding any other provision of law, in any county employing a competent engineer as road commissioner, the board of supervisors may elect to perform work or projects or let contracts for the performance of work or projects under the provisions of the State Contract Act pursuant to Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code; and when such election is made, references in said act to state shall mean county, and references to any state agency shall mean county board of supervisors, or such county agency as the board of supervisors may designate, and the provisions of said act shall be fully applicable to work or projects so to be performed by the county. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20397.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. )
Verify source ↗

In certain large counties with a registered engineer serving as road commissioner, the board of supervisors may authorize moving, relocating, or reestablishing detention camps by force account or day labor if the board finds it is more economical and satisfactory than contracting and the materials cost does not exceed $5,000.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 25. Boards of Supervisors—County Highways [20390 - 20397] ( Heading of Article 25 amended by Stats. 1984, Ch. 1128, Sec. 33. ) ## 20397. In counties containing a population of two million or over and employing a registered engineer as road commissioner, the board of supervisors may authorize the moving, relocation, or reestablishment of detention camps by force account or day labor where such camps are used in connection with county highway construction or maintenance work, if the board determines that such work of moving, relocation, or reestablishment can be done more economically and satisfactorily by force account or day labor than by contract, and that the total estimated cost of new or additional building structural materials necessary to be purchased in order to perform such work does not exceed five thousand dollars ($5,000). (Added by Stats. 1982, Ch. 465, Sec. 11.)
20400.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. )
Verify source ↗

This article applies to contracts made by boards of supervisors for constructing, maintaining, or repairing a county bridge or subway.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. ) ## 20400. The provisions of this article shall apply to contracts by boards of supervisors for the construction, maintenance and repair of a county bridge or subway, as provided for in Chapter 5 (commencing with Section 1300) of Division 2 of the Streets and Highways Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20402.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. )
Verify source ↗

If a bridge construction or repair project will cost more than $2,000, it must be done by contract, unless Sections 20406 to 20408 apply.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. ) ## 20402. Except as provided in Sections 20406 to 20408, inclusive, whenever the cost of construction or repair of any bridge will exceed the sum of two thousand dollars ($2,000), such construction or repair shall be done by contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20403.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. )
Verify source ↗

If the board of supervisors finds county bridge work will cost $10,000 or less, the board or purchasing agent may award the work without bids.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. ) ## 20403. Whenever the board of supervisors finds that the estimated expense of any work to be done on any county bridge is ten thousand dollars ($10,000) or less, the board or the purchasing agent may let a contract covering both work and material, or purchase the materials and let a contract for doing the work, without calling for bids. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20406.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. )
Verify source ↗

If advised that the work can be done for less than the lowest responsible bid, the board of supervisors may reject all bids and order the work done by day labor.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. ) ## 20406. If the board of supervisors is advised by the county surveyor or, in a county not having a county surveyor, by the officer having similar duties and authority, that the work can be done for a sum less than the lowest responsible bid, the board may reject all bids and order the work done by day labor, under the supervision and direction of the county surveyor or officer having similar duties and authority. In such case, the road commissioners in their respective districts shall employ all labor required, and direct the conduct of the work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20407.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. )
Verify source ↗

In a great emergency, the board may immediately replace or repair bridges without plans, specifications, strain sheets, working details, contracts, or bids.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. ) ## 20407. In the event of great emergency, including, but not limited to, states of disaster defined in Section 8558 of the Government Code, upon the majority vote of the board, the board may proceed at once to replace or repair any and all bridges without adopting plans, specifications, strain sheets, or working details and without letting contracts or calling for bids. The work may be done by day labor under the direction of the board or by contract, or by a combination of the two. If done wholly or in part by contract, the contractor shall be paid the actual cost of the use of machinery and tools and of material and labor expended by him or her in doing the work, plus not more than 15 percent to cover all profits, supervision, and any other expense. No more than the lowest current market prices shall be paid for materials. (Amended by Stats. 2006, Ch. 538, Sec. 542. Effective January 1, 2007.)
20409.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. )
Verify source ↗

The board of supervisors may let the road commissioner hire workers, buy materials and equipment, and do bridge construction or repair work, without plans, working details, or bidding, when necessary.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 26. Boards of Supervisors—County Bridges or Subways [20400 - 20409] ( Heading of Article 26 amended by Stats. 1984, Ch. 1128, Sec. 34. ) ## 20409. The board of supervisors may authorize such road commissioner to employ such workmen and purchase such materials, equipment, tools, and appliances and cause such work to be done as is necessary to construct or maintain such bridges and to keep them in repair without adopting plans and specifications, or working details and without advertising for bids as required in Sections 20402, 20403, and 20404. The cost of such construction, maintenance or repair shall be paid out of the county road funds or out of the county general fund. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20410.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

This article applies to contracts made by legislative bodies for work, materials, supplies, and equipment under the Improvement Act of 1911.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20410. The provisions of this article shall apply to contracts by legislative bodies for the doing of work or the furnishing of materials, supplies and equipment, as provided for in the Improvement Act of 1911, Division 7 (commencing with Section 5000) of the Streets and Highways Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20411.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

Before awarding certain authorized contracts, the legislative body must first pass a resolution ordering the work.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20411. Before the legislative body awards any contract for doing any work or for furnishing materials, supplies and equipment or any portion thereof, authorized by this division, the legislative body shall pass a resolution ordering the work. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20412.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

A notice must be posted and published inviting sealed bids or proposals for the work or supplies, and the bid opening date must be at least 10 days after the first publication or posting.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20412. Notice shall be posted inviting sealed proposals or bids for doing such work, or for furnishing materials, supplies and equipment or any portion thereof. Notice inviting such proposals, and referring to the specifications on file, shall be published, but if there is no newspaper published in the city, then it shall only be posted. The time fixed for the opening of the bids shall be not less than 10 days from the time of the first publication or posting of the notice. Said notices shall state the estimated cost of any acquisition, which estimated cost is required to be advanced as a part of the incidental expenses referred to in Section 5256 of the Streets and Highways Code, at the time of entering into the contract. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20413.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

Construction bids must be sealed and include bidder’s security, and the security must be at least 10% of the bid.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20413. 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: (a) Cash. (b) A cashier’s check made payable to the city. (c) A certified check made payable to the city. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the city. The security shall be in an amount equal to at least 10 percent of the amount of the bid. No bid shall be considered unless one of the forms of bidder’s security is enclosed with it. 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 city beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 28.)
20414.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

Bids must be delivered to the clerk or designated officer, opened and examined publicly, and may not be considered unless they include a satisfactory check or bond.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20414. The proposals or bids shall be delivered to the clerk, or any other officer designated by the legislative body, and the legislative body shall, in open session publicly open, examine and declare the same. If the legislative body by resolution so provides the proposals or bids may be opened, examined and declared by an officer designated in the resolution. Any such resolution shall require that the proposals or bids be opened at a public meeting called by the officer designated who shall report the results of the bidding to the legislative body at the next regular meeting after the opening of the bids. In the event of such resolution the notice inviting bids shall state the time and place of said public meeting and the officer so designated. No proposal or bid shall be considered unless accompanied by the check or bond satisfactory to the legislative body. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20415.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

The legislative body may reject bids or proposals in the public interest, must reject bids other than the lowest regular proposal or bid of a responsible bidder, may award the contract to the lowest responsible bidder, and must return the bidder’s check or bond if bids are rejected.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20415. The legislative body may reject any and all proposals or bids should it deem this for the public good, and also the bid of any party who has been delinquent or unfaithful in any former contract with the city, and shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder, and may award the contract for said work or improvement to the lowest responsible bidder at the prices named in his bid. If the bids are rejected the legislative body shall thereupon return to each bidder the check or bond which accompanied his bid. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20416.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

If assessed costs would be more than 15% above the engineer’s estimate, the legislative body must direct the clerk to send notice by mail of the increase.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20416. Whenever the total amount bid by the lowest responsible bidder plus the estimated amount of incidental costs would result in assessments under this division which exceed by more than 15 percent the engineer’s estimate of cost of the proposed work to be assessed, as stated in the “Notice of Improvement” referred to in Section 5193 of the Streets and Highways Code, the legislative body shall direct the clerk to give notice by mail of such increase over the estimated cost. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20417.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

If bids are rejected or none are received, the legislative body may readvertise for proposals or bids and then continue under the chapter.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20417. If the bids are rejected or no bids are received the legislative body may readvertise for proposals or bids for the performance of the work as in the first instance, without further proceedings, and thereafter proceed in the manner provided in this chapter. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20418.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

The clerk must hold the bidder’s check or bond after an accepted bid, then return it when the contract is entered into; if the bidder does not sign the contract, the security is forfeited to the city.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20418. The check or bond accompanying any proposal or bid which is accepted shall be held by the clerk until the contract for doing the work has been entered into, either by the lowest bidder or by the owners of three-fourths part of the frontage, whereupon the certified check or bond shall be returned to the bidder. If the bidder fails, neglects or refuses to enter into the contract to perform the work, the certified check accompanying his bid and the amount therein mentioned, shall be declared to be forfeited to the city and shall be collected by it and paid into the general fund, and any bond forfeited may be prosecuted, and the amount due thereon collected and paid into the general fund. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20419.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

If a public agency contributes labor or materials to a construction project, the contract covers only the items not contributed. If the order is cancelled with 24 hours’ notice, the successful bidder is paid only for used items at the contract’s unit rates, and the contractor must take back unused materials.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20419. If any local, state or national agency or authority contributes the labor, or labor and any portion of the materials, supplies or equipment necessary for the construction of any improvement authorized under this division, the contract shall be for only those items which are not contributed by any such agency or authority. If proposals or bids are invited only for the furnishing of materials, supplies and equipment or any portion thereof not furnished by such agency or authority, the notice shall contain a statement to the effect that the legislative body may cancel the order for any undelivered materials, supplies or equipment by giving the successful bidder 24 hours notice of the cancellation, in which event the successful bidder will be entitled to compensation for only so much of the material, supplies and equipment as has been used prior to the giving of such notice of cancellation at the prescribed unit rates stated in the contract, and that the contractor shall agree to accept the return of any and all materials and supplies not used prior to the giving of such notice. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20420.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

The clerk must publish notice of the contract award and, after the statutory fee is paid, record that notice with the county recorder.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20420. Notice of the award of the contract shall be published by the clerk. The clerk shall, upon payment of the statutory fee prescribed therefor, record a notice of the award of contract in the office of the county recorder. Said recordation shall constitute notice to all persons that all property within the boundaries of the proposed assessment district shall be assessed at the time of the confirmation of the assessment under Chapter 16 (commencing at Section 5360) of Part 3 of Division 7 of the Streets and Highways Code to pay the costs of the improvement in proportion to the benefits which the property receives from the improvement, notwithstanding the acquisition of the property by the state or any of its agencies, or by any county, city, municipality or other public or municipal corporation. Said notice shall be substantially as follows: NOTICE OF AWARD OF CONTRACT IN PROPOSED ASSESSMENT DISTRICT Pursuant to the requirements of Section 5248 of the Streets and Highways Code, notice is hereby given that a contract has been awarded by (Legislative body) to (Contractor) for (Nature of improvement) in District No. (Improvement or assessment) and relating to the following described real property: (The real property in the assessment district may be described by: a. Stating its exterior boundaries; or b. Giving a description thereof according to any official or recorded map; or c. Referring to a plat or map filed with the clerk of the legislative body, which shall indicate by a boundary line the extent of the territory included in the assessment district, and shall govern for all details as to the extent of the assessment district.) This shall constitute notice to all persons that all property within the boundaries of the proposed assessment district shall be assessed at the time of the confirmation of the assessment under Chapter 16 (commencing at Section 5360) of Part 3 of Division 7 of the Streets and Highways Code to pay the costs of the improvement in proportion to the benefits which said property receives from the improvement, notwithstanding the acquisition of any such property by the state or any of its agencies, or by any county, city, municipality or other public or municipal corporation. Reference is made to the minutes of the action taken by (Legislative body) on file in my office for full particulars. Dated: (Clerk of ) (Added by Stats. 1982, Ch. 465, Sec. 11.)
20421.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

Some qualifying landowners, or their agents, do not have to submit sealed bids and may elect to take the work by written contract within 10 days after notice of award is published or posted.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20421. The owners of three-fourths of the area of lands liable to be assessed, or their agents (who shall make oath that they are the owners or agents) are not required to present sealed proposals or bids, but may within 10 days after the first publication, or first posting if there is no publication, of the notice of the award of the contract, elect to take the work and enter into a written contract to do the whole work at the price at which the contract has been awarded. All work done under the written contract is subject to regulations which may be prescribed by ordinance of the legislative body. (Amended by Stats. 1986, Ch. 195, Sec. 53.)
20422.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

If the owners do not elect to take the work, sign a written contract within 10 days, or start and diligently complete the work within the required time, the superintendent of streets must contract with the original bidder at the bid prices.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20422. If the owners fail to elect to take the work, and to enter into a written contract therefor within 10 days, or to commence the work within 15 days after the date of the written contract, and to prosecute the work with diligence to completion, the superintendent of streets shall enter into a contract with the original bidder to whom the contract was awarded, and at the prices specified in his or her bid. (Amended by Stats. 1986, Ch. 195, Sec. 54.)
20423.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

If the original bidder does not sign the contract within 25 days after notice of award, the legislative body must re-advertise and award the work to the lowest regular bidder.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20423. If the original bidder neglects, fails or refuses, for 25 days after the first publication of the notice of the award of the contract, to enter into the contract, the legislative body, without further proceedings, shall again advertise for and receive proposals or bids, as in the first instance, and award the contract for the work to the then lowest regular bidder. (Added by Stats. 1982, Ch. 465, Sec. 11.)
20424.
## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. )
Verify source ↗

If no bids come in after a second call for bids, the legislative body may advertise again, receive bids, and award the contract to the lowest bidder.

## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 27. Legislative Bodies—Improvement Act of 1911 [20410 - 20464] ( Heading of Article 27 amended by Stats. 1984, Ch. 1128, Sec. 35. ) ## 20424. If no bids are received in response to this second call for bids, the legislative body may again advertise for and receive bids under the same proceedings at any time and let the contract to the then lowest bidder, and such delay shall in no way affect the validity of any of the proceedings or assessments levied thereunder. (Added by Stats. 1982, Ch. 465, Sec. 11.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.