BILL NUMBER: SB 937	CHAPTERED  08/13/02

	CHAPTER  204
	FILED WITH SECRETARY OF STATE  AUGUST 13, 2002
	APPROVED BY GOVERNOR  AUGUST 12, 2002
	PASSED THE ASSEMBLY  JULY 3, 2002
	PASSED THE SENATE  JANUARY 30, 2002
	AMENDED IN SENATE  JANUARY 17, 2002
	AMENDED IN SENATE  SEPTEMBER 12, 2001

INTRODUCED BY   Senator Margett

                        FEBRUARY 23, 2001

   An act to amend Section 4104.5 of the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 937, Margett.  Public contracts:  bids and disputes.
   The Subletting and Subcontracting Fair Practices Act requires a
public entity taking bids for construction of a public work or
improvement to establish a date for submission of bids by prime
contractors.  Existing law applicable to local agencies requires that
any bids that are submitted after the bid submittal deadline must be
returned unopened to the bidder.
   This bill would recast the provisions governing notice of bid
submittal deadlines, and would also apply to state agencies the
requirement that postdeadline bids be returned unopened.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4104.5 of the Public Contract Code is amended
to read:
   4104.5.  (a) The officer, department, board, or commission taking
bids for construction of any public work or improvement shall specify
in the bid invitation and public notice the place the bids of the
prime contractors are to be received and the time by which they shall
be received.  The date and time shall be extended by no less than 72
hours if the officer, department, board, or commission issues any
material changes, additions, or deletions to the invitation later
than 72 hours prior to the bid closing.  Any bids received after the
time specified in the notice or any extension due to material changes
shall be returned unopened.
   (b) As used in this section, the term "material change" means a
change with a substantial cost impact on the total bid as determined
by the awarding agency.
   (c) As used in this section, the term "bid invitation" shall
include any documents issued to prime contractors that contain
descriptions of the work to be bid or the content, form, or manner of
submission of bids by bidders.