Amended in Senate June 30, 2015

Amended in Senate June 15, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 653

Introduced by Assembly Member Levine

February 24, 2015

An act to amend begin delete Sections end delete begin insert Section end insert 81641 begin delete and 81644 end delete of, and to add Section 81646 to, the Education Code, and to add Section 20653.5 to the Public Contract Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 653, as amended, Levine. Postsecondary education: community college contracting practices.

(1) Existing law establishes the California State University, the University of California, and the California Community Colleges as the 3 segments of public postsecondary education in this state.

Existing law requires the governing board of a community college district to publish a notice calling for bids or proposals in a newspaper of general circulation. Existing law requires this notice to state the work proposed to be done or the materials or supplies to be furnished and the time when, and the place where, bids or proposals will be opened.

This bill would begin insert also end insert authorize the governing board of a community college district to begin delete alternatively end delete post the notice described above on its Internet Web begin delete site or its bidding platform, as defined. end delete begin insert site or through an electronic portal. end insert

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(2) Existing law provides that continuing contracts for work to be done or services to be performed for, or for apparatus or equipment to be furnished, sold, built, installed, or repaired for, a community college district, may be made for a period not to exceed 5 years, and that contracts for materials and supplies to be furnished or sold to a district may be made for a period not to exceed 3 years.

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This bill would provide that the contracts for work, services, apparatus or equipment, and materials and supplies for a community college district, as referenced above, may be made for a period not to exceed 7 years.

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(3)

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begin insert ( end insert begin insert 2) end insert  Existing law declares that nothing in the Public Contract Code precludes the governing board of a community college district from purchasing materials, equipment, or supplies through the Department of General begin delete Services pursuant to a specified statute. end delete begin insert Services, as specified. end insert

This bill would declare that nothing in either the Education Code or the Public Contract Code would preclude 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 81641 of the Education Code is amended
to read:

81641.  

begin delete (a) end delete begin delete   end delete For the purpose of securing bids or proposals, the
governing board of the community college district shall begin delete post on
its Internet Web site or bidding platform, or end delete 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, begin insert and
may post on the district’s Web site or through an electronic portal, end insert
a notice calling for bids or proposals, stating the work to be done
or materials or supplies to be furnished and the time when and the
place where bids or proposals will be opened. Whether or not bids
or proposals are opened exactly at the time fixed in the public
notice for opening bids or proposals, a bid or proposal shall not
be received after that time.

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(b) As used in this section, a “bidding platform” is an online
environment that allows users to bid for the provision of goods or
services.

end delete

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SEC. 2.  

Section 81644 of the Education Code is amended to
read:

81644.  

Continuing contracts for work to be done, services to
be performed, or for apparatus or equipment to be furnished, sold,
built, installed, or repaired for the district, or for materials or
supplies to be furnished or sold to the district, may be made with
an accepted vendor for a period not to exceed seven years.

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begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 81646 is added to the Education Code, to read:

81646.  

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.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

Section 20653.5 is added to the Public Contract Code,
to read:

20653.5.  

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.