Article 2. Plans And Specifications of California Public Contract Code >> Division 2. >> Part 2. >> Chapter 2.5. >> Article 2.
Before entering into any contract for a project, the
trustees, pursuant to the powers invested in them by Chapter 8
(commencing with Section 66600) of Part 40 of Division 5 of Title 3
of the Education Code, shall cause to be prepared full, complete, and
accurate plans and specifications and estimates of cost, giving such
directions as will enable any competent mechanic or other builder to
carry them out.
The plans, specifications, and estimates of cost shall be
approved by the trustees, and the original draft or a certified copy
filed permanently in the office of the trustees before further action
Work on all projects shall be done under contract awarded to
the lowest responsible bidder pursuant to this chapter, except that
it may be done by day's labor under the direction of the trustees, by
contract upon informal bids, or by a combination thereof:
(a) When the trustees determine that an emergency exists due to
an act of God, earthquake, flood, storm, fire, landslide, public
disturbance, vandalism, or other unexpected cause which results in
damage to a state-owned building, state-owned real property, or any
improvements thereon, for work and remedial measures which are
required immediately and which are necessary to protect the public
health, safety, and welfare.
The trustees shall annually, on or before December 31, report to
the Department of Finance and the Joint Legislative Budget Committee
the instances in which an exemption from the bidding process was
allowed due to "unexpected causes."
(b) At any time after the approval of plans, specifications, and
estimates of cost, if the trustees deem the advertising or award of a
contract, the acceptance of any bid, or the acceptance of any
further bids after the rejection of all submitted bids, is not in the
best interests of the state.
Upon the approval of the trustees the authorized employees
of the trustees may, when proceeding upon the basis of day's labor,
let any subdivision or unit of the work by contract upon informal
bids; but such work shall be let only to a holder of a valid state
contractor's license unless such work is exempt from such licensing
requirement by any other provision of law.
Bids may be received and contracts awarded on a unit basis,
that is, the bids compared upon the basis of estimates of the
quantities of the work to be done.
Except in unit basis contracts, contracts shall not be made
exceeding in amount the estimates of costs approved by the trustees.
Plans and specifications and estimates of costs, including expense of
advertising and inspection, shall not be approved by the trustees
requiring a greater expenditure of money than is appropriated for the
specific purpose in the law authorizing the expenditure.
The trustees may receive bids for the construction of
several public works projects at the California State University as a
single project. Where more than one appropriation has been made for
the several projects united as a single project under the provisions
of this section, payments for the single project shall be made from
the separate appropriations on such proportional basis as may be
determined by the trustees and approved by the Department of Finance.