Section 25358.6 Of Article 5. Uses Of The State Account From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 5.
25358.6
. (a) The department may prequalify bidders for remedial or
removal actions taken pursuant to Section 25354 or subdivision (a) of
Section 25358.3. The department may reject the bid of any
prospective bidder that has not been prequalified.
(b) To prequalify bidders, the department shall adopt and apply a
uniform system of rating bidders. In order to obtain information for
such rating, the department may require from prospective bidders
answers to questions, including, but not limited to, questions about
the bidder's financial ability, the bidder's experience in removal
and remedial action involving hazardous substances, the bidder's past
safety record, and the bidder's past performance on federal, state,
or local government projects. The department may also require
prospective bidders to submit financial statements.
(c) The department shall utilize the business financial data and
information submitted by a bidder pursuant to subdivision (b) only
for the purposes of prequalifying bidders pursuant to this section
and shall not otherwise disseminate this data or information.
(d) The system of rating bidders may be adopted by the department
as emergency regulations in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and for purposes of that chapter, when these
regulations are adopted as emergency regulations pursuant to Section
11349.6 of the Government Code, the regulations shall be deemed to be
necessary for the immediate preservation of the public peace, health
and safety, and general welfare. It is the intent of the Legislature
that emergency regulations adopted pursuant to this subdivision
shall remain in effect until the regulations are adopted as final
regulations, pursuant to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.