Article 41. Community College Districts of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 41.
The provisions of this article shall apply to contracts by
community college districts as provided for in Part 49 (commencing
with Section 81000) of the Education Code.
(a) The governing board of any community college district
shall let any contracts involving an expenditure of more than fifty
thousand dollars ($50,000) for any of the following:
(1) The purchase of equipment, materials, or supplies to be
furnished, sold, or leased to the district.
(2) Services, except construction services.
(3) Repairs, including maintenance as defined in Section 20656,
that are not a public project as defined in subdivision (c) of
The contract shall be let to the lowest responsible bidder who
shall give security as the board requires, or else reject all bids.
(b) The governing board shall let any contract for a public
project, as defined in subdivision (c) of Section 22002, involving an
expenditure of fifteen thousand dollars ($15,000) or more to the
lowest responsible bidder who shall give security as the board
requires, or else reject all bids. 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:
(2) A cashier's check made payable to the community college
(3) A certified check made payable to the community college
(4) A bidder's bond executed by an admitted surety insurer, made
payable to the community college 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) This section applies to all equipment, materials, or supplies,
whether patented or otherwise. This section shall not apply to
professional services or advice, insurance services, or any other
purchase or service otherwise exempt from this section, or to any
works done by day labor or by force account pursuant to Section
(d) Commencing January 1, 1997, the Board of Governors of the
California Community Colleges shall annually adjust the dollar
amounts specified in subdivision (a) to reflect the percentage change
in the annual average value of the Implicit Price Deflator for State
and Local Government Purchases of Goods and Services for the United
States, as published by the United States Department of Commerce for
the 12-month period ending in the prior fiscal year. The annual
adjustments shall be rounded to the nearest one hundred dollars
(a) Notwithstanding any other law, including, but not
limited to, the advertising, bidding, and protest provisions of this
article and Division 7 (commencing with Section 70900) of Title 3 of
the Education Code, but subject to Section 88003.1, the governing
board of a community college district may award a contract for the
acquisition of goods, services, or information technology that has an
estimated value of greater than five thousand dollars ($5,000), but
less than two hundred fifty thousand dollars ($250,000), to a
certified small business, including a microbusiness, or to a disabled
veteran business enterprise, if the community college district
obtains price quotations from two or more certified small businesses,
including microbusinesses, or from two or more disabled veteran
(b) In carrying out subdivision (a), a community college district
shall consider a responsive offer timely received from a responsible
certified small business, including a microbusiness, or from a
disabled veteran business enterprise.
(c) The definitions set forth in Section 14837 of the Government
Code apply to this section.
(a) The governing board of any community college district
may require each prospective bidder for a contract, as described
under Section 20651, to complete and submit to the district a
standardized questionnaire and financial statement in a form
specified by the district, including a complete statement of the
prospective bidder's financial ability and experience in performing
public works. 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 questionnaire responses
of prospective bidders and their financial statements shall not be
deemed public records and shall not be open to public inspection.
(b) Any community college district requiring prospective bidders
to complete and submit questionnaires and financial statements, as
described in subdivision (a), shall adopt and apply a uniform system
of rating bidders on the basis of the completed questionnaires and
financial statements, in order to determine the size of the contracts
upon which each bidder shall be deemed financially qualified to bid.
The prequalification of a prospective bidder shall neither limit nor
preclude a district's subsequent consideration of a prequalified
bidder's responsibility on factors other than the prospective bidder'
s financial qualifications.
(c) Each prospective bidder on any contract described under
Section 20651 that is subject to this section shall be furnished, by
the community college 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 deemed nonresponsive and shall be rejected. A
proposal form shall not be accepted from any person who, or other
entity which, is required to submit a completed questionnaire and
financial statement for prequalification pursuant to subdivision (a),
but who or which has not done so at least five days prior to the
date fixed for the public opening of sealed bids and has not been
prequalified, pursuant to subdivision (b), at least one day prior to
(a) For the purposes of bid evaluation and selection
pursuant to subdivision (a) of Section 20651, when a community
college district determines that it can expect long-term savings
through the use of life-cycle cost methodology, the use of more
sustainable goods and materials, and reduced administrative costs,
the community college district may provide for the selection of the
lowest responsible bidder on the basis of best value pursuant to
policies and procedures adopted by the governing board in accordance
with this section.
(b) For purposes of this section, "best value" means the most
advantageous balance of price, quality, service, performance, and
other elements, as defined by the governing board, achieved through
methods in accordance with this section and determined by objective
performance criteria that may include price, features, long-term
functionality, life-cycle costs, overall sustainability, and required
(c) A community college district shall consider all of the
following when adopting best value policies pursuant to subdivision
(1) Price and service level proposals that reduce the district's
overall operating costs, including end-of-life expenditures and
(2) Equipment, services, supplies, and materials standards that
support the community college district's strategic acquisition and
management program direction.
(3) A procedure for protest and resolution.
(d) A community college district may consider any of the following
factors if adopting policies and procedures pursuant to subdivision
(1) The total cost to the community college district of its
purchase, use, and consumption of equipment, supplies, and materials.
(2) The operational cost or benefit incurred by the community
college district as a result of a contract award.
(3) The added value to the community college district, as defined
in the request for proposal, of vendor-added services.
(4) The quality and effectiveness of equipment, supplies,
materials, and services.
(5) The reliability of delivery and installation schedules.
(6) The terms and conditions of product warranties and vendor
(7) The financial stability of the vendor.
(8) The vendor's quality assurance program.
(9) The vendor's experience with the provisions of equipment,
supplies, materials, and services within the institutional
(10) The consistency of the vendor's proposed equipment, supplies,
materials, and services with the district's overall supplies and
materials procurement program.
(11) The economic benefits to the local community, including, but
not limited to, job creation and retention.
(12) The environmental benefits to the local community.
(e) A community college district awarding a contract under this
section shall award a contract to the lowest responsible bidder whose
proposal is determined, in writing by the community college
district, to be the best value to the community college district
based solely on the criteria set forth in the request for proposal.
(f) The governing board of a community college district shall
issue a written notice of intent to award supporting its contract
award and stating in detail the basis of the award. The notice of the
intent to award and the contract file must be sufficient to satisfy
an external audit.
(g) The governing board of a community college district shall
publicly announce its award, identifying the bidder to which the
award is made, the price proposal of the contractor awarded the
contract, and the overall combined rating on the request for proposal
evaluation factors. The announcement shall also include the ranking
of the contractor awarded the contract in relation to all other
responsive bidders and their respective price proposals and summary
of the rationale for the contract award.
(h) The community college district shall ensure that all
businesses have a fair and equitable opportunity to compete for, and
participate in, district contracts and shall also ensure that
discrimination, as described in subdivision (e) of Section 12751.3 of
the Public Utilities Code, in the award and performance of contracts
does not occur.
(i) (1) If a community college district elects to purchase
equipment, materials, supplies, and services by contract, let in
accordance with this section, the community college district shall
submit the following information to the Chancellor of the California
Community Colleges on or before January 1, 2016:
(A) The community college district's policies adopted pursuant to
(B) An annual list of district procurements for contracts with a
brief description of the contract, the winning bid, the cost, and if
the contract was done under best value acquisition policies.
(C) For a contract awarded under the best value acquisition
policies, the bid announcement announcing the bidder to which the
award was made, including that bidder's scoring rating compared to
other bidders, the winning contractor's price proposal, the overall
combined rating on the request for proposal evaluation factors, a
description of the products, commodities, or services sought, and a
summary of the rationale for the contract award.
(D) For each contract awarded using the best value acquisition
policies at least one bid award announcement for a comparably priced
contract using the traditional lowest responsible bidder process that
specifies the bidder to which the contract was awarded, the amount
of the award, and the request for bid for that contract that includes
a description of the products, commodities, or services sought for
at least one comparably sized contract, to the best value contract
being let, awarded pursuant to the traditional lowest responsible
bidder process including contracts awarded by the district in the
three years prior to the adoption of best value acquisition policies
by the district.
(E) For contracts awarded using best value, a summary of any
additional economic benefit other than the price of the contract
obtained, including an explanation of whether these benefits were
realized as expected.
(F) The total number of bid protests or protests concerning an
aspect of the solicitation, bid, or award of the agreement since the
district adopted policies pursuant to subdivision (a) and the number
of those protests that occurred under best value.
(G) A description of any written bid protest or protests
concerning an aspect of the solicitation, bid, or award of the
agreement including the resolution of the protest for any contract
submitted pursuant to this section.
(2) The Legislative Analyst shall request the chancellor to
provide the information specified in paragraph (1) to the Legislative
Analyst on or before July 1, 2016. On or before February 1, 2017,
the Legislative Analyst shall report to the Legislature on the use of
competitive means for obtaining best value procurement by community
college districts. The Legislative Analyst shall use the information
provided by the chancellor to report all of the following:
(A) A summary of the overall benefits of best value acquisition.
(B) A comparison of the overall cost of contracts let under best
value acquisition pursuant to this section to similar contracts let
under traditional low bid procurement practices.
(C) An assessment of any benefits or disadvantages of best value
procurement practices as compared to bids awarded to the lowest
(D) An assessment of whether the use of best value procurement has
led to a difference in the number of disputes as compared to
contracts awarded using the traditional lowest responsible bidder
(E) An assessment of the policies adopted by the community college
districts pursuant to subdivision (a) as well as an assessment of
the overall performance criteria used to evaluate the bids and the
effectiveness of the methodology.
(F) Recommendations as to whether the best value at lowest cost
acquisition procurement authority should be continued.
(j) This section shall remain in effect only until January 1,
2018, and as of that date is repealed.
Notwithstanding any other provisions of Sections 81640 to
81654, inclusive, of the Education Code, or of Sections 20651 to
20659, inclusive, of this code, the governing board of any community
college district without advertising for bids, and when that board
has determined it to be in the best interests of the district, may
authorize by contract, lease, requisition, or purchase order, any
public corporation or agency, including any county, city, town, or
district, to lease data-processing equipment, purchase materials,
supplies, equipment, automotive vehicles, tractors, and other
personal property for the district in the manner in which the public
corporation or agency is authorized by law to make the leases or
purchases. Upon receipt of any such personal property, provided the
property complies with the specifications set forth in the contract,
lease, requisition, or purchase order, the community college district
may draw a warrant in favor of the public corporation or agency for
the amount of the approved invoice, including the reasonable costs to
the public corporation or agency for furnishing the services
incidental to the lease or purchase of the personal property.
Alternatively, if there is an existing contract between a public
corporation or agency and a vendor for the lease or purchase of the
personal property, a community college district may authorize the
lease or purchase of the personal property directly from the vendor
by contract, lease, requisition, or purchase order and make payment
to the vendor under the same terms that are available to the public
corporation or agency under the contract.
Nothing in this code shall preclude the governing board of
any community college district from purchasing materials, equipment
or supplies through the Department of General Services pursuant to
Section 14814 of the Government Code.
Nothing in this code shall preclude the governing board of
a community college district from purchasing materials, equipment,
supplies, or services under the same terms and conditions as are
specified in a contract lawfully awarded by the University of
California or the California State University.
(a) In an emergency when any repairs, alterations, work, or
improvement is necessary to any facility of the college, or to permit
the continuance of existing college classes, or to avoid danger to
life or property, the board may by unanimous vote, with the approval
of the county superintendent of schools, do either of the following:
(1) Make a contract in writing or otherwise on behalf of the
district for the performance of labor and furnishing of materials or
supplies for the purpose without advertising for or inviting bids.
(2) Notwithstanding Section 20655, authorize the use of day labor
or force account for the purpose.
(b) Nothing in this section shall eliminate the need for any bonds
or security otherwise required by law.
(a) In each community college district, the governing board
may make repairs, alterations, additions, or painting, repainting, or
decorating upon school buildings, repair or build apparatus or
equipment, make improvements on the school grounds, erect new
buildings, and perform maintenance as defined in Section 20656 by day
labor, or by force account, whenever the total number of hours on
the job does not exceed 350 hours. Moreover, in any district whose
number of full-time equivalent students is 15,000 or greater, the
governing board may, in addition, make repairs to school buildings,
grounds, apparatus, or equipment, including painting or repainting,
and perform maintenance, as defined in Section 20656, by day labor or
by force account whenever the total number of hours on the job does
not exceed 750 hours, or when the cost of materials does not exceed
twenty-one thousand dollars ($21,000).
(b) For purposes of this section, day labor shall include the use
of maintenance personnel employed on a permanent or temporary basis.
For purposes of Section 20655, "maintenance" means routine,
recurring, and usual work for the preservation, protection and
keeping of any publicly owned or publicly operated facility for its
intended purposes in a safe and continually usable condition for
which it was designed, improved, constructed, altered or repaired.
"Facility" means any plant, building, structure, ground facility,
utility system, or real property.
This definition of "maintenance" expressly includes, but is not
limited to: carpentry, electrical, plumbing, glazing, and other craft
work designed consistent with the definition set forth above to
preserve the facility in a safe, efficient, and continually usable
condition for which it was intended, including repairs, cleaning, and
other operations on machinery and other equipment permanently
attached to the building or realty as fixtures.
This definition does not include, among other types of work,
janitorial or custodial services and protection of the sort provided
by guards or other security forces.
It is the intent of the Legislature that this definition does not
include painting, repainting, or decorating other than touchup, but
instead it is the intent of the Legislature that such activities be
controlled directly by the provisions of Section 20655.
It shall be unlawful to split or separate into smaller work
orders or projects any work, project, service, or purchase for the
purpose of evading the provisions of this article requiring
contracting after competitive bidding.
The district shall maintain job orders or similar records
indicating the total cost expended on each project in accordance with
the procedures established in the most recent edition of the
California Community College Budget and Accounting Manual for a
period of not less than three years after completion of the project.
Informal bidding may be used on work, projects, services, or
purchases that cost up to the limits set forth in this article. For
the purpose of securing informal bids, the board shall publish
annually in a newspaper of general circulation published in the
district, or if there is no such newspaper, then in some newspaper in
general circulation in the county, a notice inviting contractors to
register to be notified of future informal bidding projects. All
contractors included on the informal bidding list shall be given
notice of all informal bid projects, in any manner as the district
The governing board of any community college district may by
majority vote authorize its district superintendent, or such person
as he or she may designate, to expend up to two hundred fifty dollars
($250) per transaction for work done, compensation for employees or
consultants, and purchases of equipment, supplies, or materials.
Ratification by the governing board shall not be required with
respect to transactions entered into pursuant to this section. In the
event of malfeasance in office, the district official invested by
the governing board with authority to act under this section shall be
personally liable for any and all moneys of the district paid out as
a result of such malfeasance.
If any change or alteration of a contract governed by the
provisions of this article is ordered by the governing board of the
community college district, such change or alteration shall be
specified in writing and the cost agreed upon between the governing
board and the contractor. The board may authorize the contractor to
proceed with performance of the change or alteration without the
formality of securing bids, if the cost so agreed upon does not
exceed the greater of:
(a) The amount specified in Section 20651 or 20655, whichever is
applicable to the original contract; or
(b) Ten percent of the original contract price.
Perishable food stuffs and seasonal commodities needed in
the operation of cafeterias and food services may be purchased by a
community college district in accordance with rules and regulations
for the purchase adopted by the governing board of that district,
notwithstanding any provisions of this code in conflict with the
rules and regulations.
(a) The Chancellor of the California Community Colleges is
authorized to enter into a contract on behalf of one or more
community college districts, subject to the following restrictions:
(1) No district may be required to participate in any contract
entered into pursuant to this section.
(2) The cost to each district that is a party to or a beneficiary
of a contract entered into pursuant to this section must be lower
than the cost the district could obtain through its standard
contracting procedures. No contract for the procurement of goods or
services may be made when a bid has been received by a participating
district for the procurement of the same goods or services unless the
contract would result in a lower price for the goods or services
upon the same terms, conditions, and specifications.
(3) The state shall not incur any financial responsibility in
connection with a contract entered into pursuant to this section.
(b) The Chancellor of the California Community Colleges is
authorized to charge a fee, commission, or other charge to either or
both of the following:
(1) Each provider of goods or services under a contract entered
into pursuant to this section.
(2) Each community college district that the chancellor enters
into a contract on behalf of pursuant to this section.
(c) On or before January 1, 2001, the Chancellor of the California
Community Colleges shall report to the Legislature and the Governor
on contracts entered into pursuant to this section and any resultant
(d) The Board of Governors of the California Community Colleges
shall adopt regulations to implement this section.
The Chancellor of the California Community Colleges is
authorized to enter into a contract or other agreement with the
governing board of any community college district whereby the
district performs services or acts as a fiscal agent on behalf of the
California Community colleges. This section shall apply only when
the funds for the contract or agreement are in satisfaction of the
state obligation to provide funding pursuant to Section 8 of Article
XVI of the California Constitution.