Copyright© 2000 by School Services of California, Inc.

October 27, 2000


Bidding for Public Contracts

Existing law generally requires public agencies, including K-14 schools, and contractors to take various actions with regard to bidding for public contracts. Legislation was recently signed into law that would impose a state mandate by requiring that when a public agency invites formal bids for public projects, and requires that there be a mandatory pre-bid site visit, conference, or other mandatory meeting prior to the submission of the bid by a contractor, that the public agency provide a notice of that requirement.

SB 266 (Chesbro, D-Arcata) would require public agencies to include the time, date, and location of the mandatory pre-bid site, conference or meeting, and when and where project documents, including final plans and specifications are available. Further, any mandatory pre-bid site visit, conference or meeting shall not occur within a minimum of five calendar days of the publication of the initial notice.

The measure was sponsored by the Golden State Builders' Exchange and is intended to address what is perceived as a problem of contractors not receiving adequate notice of mandatory pre-bid site visits. The sponsor believes that legislation was needed because notice of such visits is usually disclosed in the project plans and specifications, but cites numerous examples where the site visit information is not available to bidders until after the date of the meeting. Thus, the sponsors contend that qualified contractors who do not attend these meetings and are therefore ineligible to bid on public projects are disadvantaged.

SB 266 was approved by the Legislature without a dissenting vote, signed by the Governor, and becomes effective January 1, 2001.

--Arnold Bray