20111.6
. (a) This section shall apply only to public projects, as
defined in subdivision (c) of Section 22002, for which the governing
board of the district uses funds received pursuant to the Leroy F.
Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with
Section 17070.10) of Part 10 of Division 1 of Title 1 of the
Education Code) or any funds received, including funds reimbursed,
from any future state school bond for a public project that involves
a projected expenditure of one million dollars ($1,000,000) or more.
(b) If the governing board of the school district enters into a
contract meeting the criteria of subdivision (a), then the governing
board of the school district shall require that prospective bidders
for a construction contract complete and submit to the governing
board of the school district a standardized prequalification
questionnaire and financial statement. The questionnaire and
financial statement shall be verified under oath by the bidder in the
manner in which civil pleadings in civil actions are verified. The
questionnaires and financial statements shall not be public records
and shall not be open to public inspection.
(c) The governing board of the school district shall adopt and
apply a uniform system of rating bidders on the basis of the
completed questionnaires and financial statements. This system shall
also apply to a person, firm, or corporation that constructs a
building described in Section 17406 or 17407 of the Education Code.
(d) The questionnaire and financial statement described in
subdivision (b), and the uniform system of rating bidders described
in subdivision (c), shall cover, at a minimum, the issues covered by
the standardized questionnaire and model guidelines for rating
bidders developed by the Department of Industrial Relations pursuant
to subdivision (a) of Section 20101.
(e) Each prospective bidder shall be furnished by the school
district letting the contract with a standardized proposal form that,
when completed and executed, shall be submitted as his or her bid.
Bids not presented on the forms so furnished shall be disregarded.
(f) A proposal form required pursuant to subdivision (e) shall not
be accepted from any person or other entity that is required to
submit a completed questionnaire and financial statement for
prequalification pursuant to subdivision (b) or from any person or
other entity that uses a subcontractor that is required to submit a
completed questionnaire and financial statement for prequalification
pursuant to subdivision (b), but has not done so at least 10 business
days before the date fixed for the public opening of sealed bids or
has not been prequalified for at least five business days before that
date. The school district may require the completed questionnaire
and financial statement for prequalification to be submitted more
than 10 business days before the fixed date for the public opening of
sealed bids. The school district may also require the
prequalification more than five business days before the fixed date.
(g) (1) The governing board of the school district may establish a
process for prequalifying prospective bidders pursuant to this
section on a quarterly or annual basis and a prequalification
pursuant to this process shall be valid for one calendar year
following the date of initial prequalification.
(2) The governing board of the school district shall establish a
process to prequalify a person, firm, or corporation, including, but
not limited to, the prime contractor and, if used, an electrical,
mechanical, and plumbing subcontractor, to construct a building
described in Section 17406 or 17407 of the Education Code on a
quarterly or annual basis. A prequalification pursuant to this
process shall be valid for one calendar year following the date of
initial prequalification.
(h) This section shall not preclude the governing board of the
school district from prequalifying or disqualifying a subcontractor
of any specialty classification described in Section 7058 of the
Business and Professions Code.
(i) For purposes of this section, bidders shall include both of
the following:
(1) A prime contractor, as defined in Section 4113, that is either
of the following:
(A) A general engineering contractor described in Section 7056 of
the Business and Professions Code.
(B) A general building contractor described in Section 7057 of the
Business and Professions Code.
(2) If utilized, each electrical, mechanical, and plumbing
contractor, whether as a prime contractor or as a subcontractor, as
defined in Section 4113.
(j) If a public project covered by this section includes
electrical, mechanical, or plumbing components that will be performed
by electrical, mechanical, or plumbing contractors, a list of
prequalified general contractors and electrical, mechanical, and
plumbing subcontractors shall be made available by the school
district to all bidders at least five business days before the dates
fixed for the public opening of sealed bids. The school district may
require the list to be made available more than five business days
before the fixed dates for the public opening of sealed bids.
(k) For purposes of this section, electrical, mechanical, and
plumbing subcontractors are contractors licensed pursuant to Section
7058 of the Business and Professions Code, specifically contractors
holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and
C-46 licenses, pursuant to regulations of the Contractors' State
License Board.
(l) This section shall not apply to a school district with an
average daily attendance of less than 2,500.
(m) (1) This section shall apply only to contracts awarded on or
after January 1, 2014.
(2) The amendments made to this section by the act adding this
paragraph shall apply only to contracts awarded on or after January
1, 2015.
(n) (1) On or before January 1, 2018, the Director of Industrial
Relations shall (A) submit a report to the Legislature evaluating
whether, during the years this section has applied to contracts,
violations of the Labor Code on school district projects have
decreased as compared to the same number of years immediately
preceding the enactment of this section, and (B) recommend
improvements to the system for prequalifying contractors and
subcontractors on school district projects.
(2) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(o) This section shall become inoperative on January 1, 2019, and,
as of July 1, 2019, is repealed.