California Local Agency Public Construction Act

California’s Public Contract Code, in Division 2, Part 3, Chapter 1, Article 1 sets forth the Local Agency Public Construction Act in California. Section 20100 names this chapter as the Local Agency Public Construction Act.

Section 20101 provides that a public entity subject to this part may require that each prospective bidder for a contract complete and submit to the entity a standardized questionnaire and financial statement in a form specified by the entity, including a complete statement of the prospective bidder’s experience in performing public works.

However, the standardized questionnaire may not require prospective bidders to disclose any violations of specified provisions of the Labor Code if a violation was based on a subcontractor’s failure to comply with these provisions and the bidder had no knowledge of the subcontractor’s violations.

The Department of Industrial Relations, in collaboration with affected agencies and interested parties, is required to develop model guidelines for rating bidders, and draft the standardized questionnaire, that may be used by public entities for the purposes of this part. The questionnaires and financial statements are not public records and are not open to public inspection.

A public entity may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly basis and a prequalification pursuant to this process is valid for one calendar year following the date of initial prequalification. A public entity must establish a process that will allow prospective bidders to dispute their proposed prequalification rating prior to the closing time for receipt of bids. The appeal process must include three specified provisions.

Section 20102 provides that, where plans and specifications have been prepared by a public agency, whose activities are subject to this part, in order for a public project to be put out for formal or informal bid, and, subsequently, the public agency elects to perform the work by day’s labor, the public agency is required to perform the work in strict accordance with these same plans and specifications.

In addition, revisions of the plans and specifications may be made once a justification detailing the specific reasons for the change or changes has been approved by the public agency or its project director and a copy of the change and its justification is placed in the project file.

Section 20103.5 provides that, in all contracts subject to this part where federal funds are involved, no bid submitted can be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor must be properly licensed in accordance with the laws of this state.

Section 20103.6 requires any local agency, in the procurement of architectural design services requiring an expenditure in excess of $10,000 to include in any request for proposals for those services or invitations to bid from a prequalified list for a specific project a disclosure of any contract provision that would require the contracting architect to indemnify and hold harmless the local agency against any and all liability, whether or not caused by the activity of the contracting architect. The disclosure statement is required to be prominently set forth in bold type.

Section 20103.7 requires a local agency taking bids for the construction of a public work or improvement, upon request from a contractor plan room service, to provide an electronic copy of a project’s contract documents at no charge to the contractor plan room.