BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 2075
AUTHOR: Assembly Higher Education Committee
AMENDED: March 24, 2010
FISCAL COMM: Yes HEARING DATE: June 16, 2010
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : California State University Public Contracts
KEY POLICY ISSUE
Should the time-frame for submission of required
pre-qualification documents by contractors for purposes of
bidding on a California State University construction
contract be increased from 5 calendar days to 10 business
days?
SUMMARY
This bill increases the time-frame for submission of
required pre-qualification documents for purposes of
bidding on a California State University (CSU) construction
contract from five calendar days, to ten business days
prior to a bid opening.
BACKGROUND
Current law establishes CSU contract law within the Public
Contract Code and outlines specific requirements for
projects involving the erection, construction, alteration,
painting, repair, or improvement of any state structure,
building,
road, or other state improvement of any kind.
Additionally, CSU contract law outlines requirements for
"service contracts," defined as any contract for services
in connection with a project (other than a project
contract) including but not limited to, contracts for
architectural, engineering, planning, testing, general
studies, or feasibility services. (Government Code
10700-10710)
AB 2075
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Among other things, current public contract law requires
the CSU to furnish to each bidder a standard proposal form,
which, when filled out and executed, may be submitted as
the bid for a project. Current law prohibits the furnishing
of such a form by the CSU unless the potential bidder has
submitted a questionnaire and financial statement for
prequalification at least five days prior to the date fixed
for publicly opening sealed bids. In addition, a
contractor must have been prequalified for at least one day
prior to the opening bid date in order to submit a bid. (GC
10764)
ANALYSIS
This bill changes the time-frame for submission of
prequalification forms for contractors bidding on CSU
construction projects from five calendar days, to ten
business days prior to bid opening.
STAFF COMMENTS
Need for the bill . Under current law, contractors must
submit prequalification applications five calendar days
before the bid opening date and are prohibited from
submitting a bid unless they are prequalified at least one
day prior to the bid opening. According to the CSU, many
campuses are finding it a challenge to meet the current law
requirements which result in only four calendar days to
process a prequalification application, potentially
jeopardizing a contractor's ability to bid for a public
works project within the CSU. This bill increases the time
period for contractors to become prequalified to bid and
allows for greater assurance to a contractor that a
prequalification application will be processed before the
bid date.
SUPPORT
Associated General Contractors of California
California State University
OPPOSITION
None received.
AB 2075
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