reglab/housing_qa huggingface dataset:
CA Pub Cont Code § 20104.50 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 1.7 - Modifications; Performance; Payment|Section 20104.50.

20104.50.  (a) (1) It is the intent of the Legislature in enacting this section to require all local governments to pay their contractors on time so that these contractors can meet their own obligations. In requiring prompt payment by all local governments, the Legislature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern.(2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments’ outstanding receipts. The Legislature finds and declares that all government officials, including those in local government, must set a standard of prompt payment that any business in the private sector which may contract for services should look towards for guidance.(b) Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.(c) Upon receipt of a payment request, each local agency shall act in accordance with both of the following:(1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.(d) The number of days available to a local agency to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (c).(e) For purposes of this article:(1) A “local agency” includes, but is not limited to, a city, including a charter city, a county, and a city and county, and is any public entity subject to this part.(2) A “progress payment” includes all payments due contractors, except that portion of the final payment designated by the contract as retention earnings.(3) A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency.(f) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any contract subject to this article.(Added by Stats. 1992, Ch. 799, Sec. 2. Effective January 1, 1993.)
CA Pub Cont Code § 20104.70 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 1.8 - Damages Related to Competitive Bidding|Section 20104.70.

20104.70.  (a) (1) The second lowest bidder, and any person, firm, association, trust, partnership, labor organization, corporation, or other legal entity which has, prior to the letting of the bids on the public works project in question, entered into a contract with the second lowest bidder, may bring an action in superior court if that entity suffers damages as a result of the bid of the second lowest bidder for any contract subject to this part not being accepted due to the successful bidder’s violation, as evidenced by the conviction of the successful bidder therefor, of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or of both. (2) There shall be a rebuttable presumption that a successful bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or of both, was awarded the bid because that successful bidder was able to lower the bid due to this violation or these violations occurring on the contract for public work awarded by the public agency. (b) In an action brought pursuant to this section, the court may award costs and reasonable attorney’s fees, in an amount to be determined in the court’s discretion, to the prevailing party. (c) For purposes of an action brought pursuant to this section: (1) Employee status shall be determined pursuant to Division 4 (commencing with Section 3200) of the Labor Code with respect to alleged violations of that division, pursuant to the Unemployment Insurance Code with respect to alleged violations of that code, or pursuant to Section 2750.5 of the Labor Code with respect to alleged violations of either Division 4 (commencing with Section 3200) or of the Unemployment Insurance Code, or of both. (2) “Second lowest bidder” means the second lowest qualified bidder deemed responsive by the public agency awarding the contract for public work. (3) The “second lowest bidder” and the “successful bidder” may include any person, firm, association, corporation, or other legal entity. (d) A second lowest bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or both, within one year prior to filing the bid for public work, and who has failed to take affirmative steps to correct that violation or those violations, is prohibited from taking any action authorized by this section.(Added by Stats. 1991, Ch. 906, Sec. 3.)
CA Pub Cont Code § 20105 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 2 - Schools State School Building Aid Law of 1949|Section 20105.

20105.  This article shall apply to contracts subject to the State School Building Aid Law of 1949 provided for in Chapter 4 (commencing with Section 15700) of Part 10 of the Education Code.(Amended by Stats. 2006, Ch. 538, Sec. 539. Effective January 1, 2007.)
CA Pub Cont Code § 20106 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 2 - Schools State School Building Aid Law of 1949|Section 20106.

20106.  A school district shall not expend money apportioned under the State School Building Aid Law unless the contracts under which the funds are expended have been let after competitive bids pursuant to the Education Code.(Added by Stats. 1982, Ch. 465, Sec. 11.)
CA Pub Cont Code § 20107 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 2 - Schools State School Building Aid Law of 1949|Section 20107.

20107.  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:(a) Cash.(b) A cashier’s check made payable to the school district.(c) A certified check made payable to the school district.(d) A bidder’s bond executed by an admitted surety insurer, made payable to the school 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 school district beyond 60 days from the time the award is made.(Amended by Stats. 1990, Ch. 808, Sec. 1.)
CA Pub Cont Code § 20110 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20110.

20110.  The provisions of this part shall apply to contracts awarded by school districts subject to Part 21 (commencing with Section 35000) of Division 3 of Title 2 of the Education Code.(Added by Stats. 1982, Ch. 465, Sec. 11.)
CA Pub Cont Code § 20111.5 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20111.5.

20111.5.  (a) The governing board of the district may require that each prospective bidder for a contract, as described under Section 20111, 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 questionnaires and financial statements shall not be public records and shall not be open to public inspection.(b) Any school 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 qualified to bid.(c) Each prospective bidder on any contract described under Section 20111 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. (d) A proposal form required pursuant to subdivision (c) shall not be accepted from any person or other entity who is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (a), but has not done so at least five days prior to the date fixed for the public opening of sealed bids or has not been prequalified, pursuant to subdivision (b), for at least one day prior to that date.(e) Notwithstanding subdivision (d), any school district may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly basis and may authorize that prequalification to be considered valid for up to one calendar year following the date of initial prequalification.(Amended by Stats. 1997, Ch. 390, Sec. 5. Effective August 27, 1997.)
CA Pub Cont Code § 20112 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20112.

20112.  For the purpose of securing bids the governing board of a school district shall publish at least once a week for two weeks in some newspaper of general circulation published in the district, or if there is no such paper, then in some newspaper of general circulation, circulated in the county, and may post on the district’s Web site or through an electronic portal, a notice calling for bids, stating the work to be done or materials or supplies to be furnished and the time when and the place and the Web site where bids will be opened. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid shall not be received after that time. The governing board of the district may accept a bid that was submitted either electronically or on paper.(Amended by Stats. 2004, Ch. 739, Sec. 1. Effective January 1, 2005.)
CA Pub Cont Code § 20113 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20113.

20113.  (a) In an emergency when any repairs, alterations, work, or improvement is necessary to any facility of public schools to permit the continuance of existing school 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 20114, 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.(Amended by Stats. 1995, Ch. 897, Sec. 2. Effective January 1, 1996.)
CA Pub Cont Code § 20114 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20114.

20114.  (a) In each school 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 20115 by day labor, or by force account, whenever the total number of hours on the job does not exceed 350 hours. Moreover, in any school district having an average daily attendance of 35,000 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 20115, 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 material 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.(Amended by Stats. 1995, Ch. 897, Sec. 3. Effective January 1, 1996.)
CA Pub Cont Code § 20115 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20115.

20115.  For purposes of Section 20114, “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 craftwork 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 20114.(Added by Stats. 1982, Ch. 465, Sec. 11.)
CA Pub Cont Code § 20116 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20116.

20116.  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 School 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 deems appropriate.(Amended by Stats. 1995, Ch. 897, Sec. 4. Effective January 1, 1996.)
CA Pub Cont Code § 20117 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20117.

20117.  Notwithstanding any other provision of law, in the event there are two or more identical lowest or highest bids, as the case may be, submitted to a school district for the purchase, sale, or lease of real property, supplies, materials, equipment, services, bonds, or the awarding of any contract, pursuant to a provision requiring competitive bidding, the governing board of any school district may determine by lot which bid shall be accepted.(Added by Stats. 1987, Ch. 1452, Sec. 527.)
CA Pub Cont Code § 20118 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20118.

20118.  Notwithstanding Sections 20111 and 20112, the governing board of any school district, without advertising for bids, if the 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 from a vendor. Upon receipt of the personal property, if the property complies with the specifications set forth in the contract, lease, requisition, or purchase order, the school 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, or the school district may make payment directly to the vendor. 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 school district may authorize the lease or purchase of 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.(Amended by Stats. 2006, Ch. 730, Sec. 19.75. Effective January 1, 2007.)
CA Pub Cont Code § 20118.1 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20118.1.

20118.1.  The governing board of any school district may contract with an acceptable party who is one of the three lowest responsible bidders for the procurement or maintenance, or both, of electronic data-processing systems and supporting software in any manner the board deems appropriate.(Added by Stats. 1987, Ch. 1452, Sec. 529.)
CA Pub Cont Code § 20118.3 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20118.3.

20118.3.  The governing board of any school district may purchase supplementary textbooks, library books, educational films, audiovisual materials, test materials, workbooks, instructional computer software packages, or periodicals in any amount needed for the operation of the schools of the district without taking estimates or advertising for bids.This section shall become operative January 1, 1989, and is declaratory of existing law and practice.(Amended by Stats. 1990, Ch. 439, Sec. 1.)
CA Pub Cont Code § 20118.4 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 3 - CONTRACTING BY LOCAL AGENCIES|CHAPTER 1 - Local Agency Public Construction Act|ARTICLE 3 - School Districts|Section 20118.4.

20118.4.  (a) If any change or alteration of a contract governed by Article 3 (commencing with Section 17595) of Chapter 5 of Part 10.5 of the Education Code is ordered by the governing board of the district, the 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 the following:(1) The amount specified in Section 20111 or 20114, whichever is applicable to the original contract.(2) Ten percent of the original contract price.(b) The governing board of any school district, or of two or more school districts governed by governing boards of identical personnel, having an average daily attendance of 400,000 or more as shown by the annual report of the county superintendent of schools for the preceding year, may also authorize any change or alteration of a contract for reconstruction or rehabilitation work, other than for the construction of new buildings or other new structures, if the cost of the change or alteration is in excess of the limitations in paragraphs (1) and (2) of subdivision (a) but does not exceed 25 percent of the original contract price, without the formality of securing bids, and the change or alteration is a necessary and integral part of the work under the contract and the taking of bids would delay the completion of the contract. Changes exceeding 15 percent of the original contract price shall be approved by an affirmative vote of not less than 75 percent of the members of the governing board.(Amended by Stats. 2006, Ch. 538, Sec. 540. Effective January 1, 2007.)