Official Summary Text
AB 1860, as amended, McKinnor.
County offices of education: school
School
facilities: design-build:
public contracts.
alternative design-build: county superintendents of schools.
(1) Existing law authorizes a school district, with the approval of the governing board of the school district, to procure design-build contracts for public works projects in excess of $1,000,000, awarding the contract to either the low bid or the best value, as provided.
Existing law requires specified information relating to design-build bid proposals to be verified under penalty of perjury.
Existing law, until January 1, 2029, authorizes a school district, with the approval of its governing board, to procure alternative design-build contracts for public works projects in excess of $5,000,000, awarding the contract to either the low bid or the best value, as provided.
Existing law authorizes county boards of education that have had all or a portion of certain duties and functions relating to expenses transferred to them by the county board of supervisors to acquire, lease, lease-purchase, hold, and convey real property for purposes of housing the offices and the services of the county superintendent of schools.
This bill would authorize county
offices of education, with the approval of the county board of education,
superintendents of schools
to procure
those
the
same
above-described
design-build and alternative design-build contracts, subject to the same requirements that are applicable to school
districts.
districts, except that the bill would, notwithstanding any other law, require county superintendents of schools to have exclusive authority to award design-build and alternative design-build contracts on behalf of a county office of education and county board of education. The bill would include findings that these
provisions address a matter of statewide concern and, therefore, apply to all counties, including charter counties. By expanding the crime of perjury, the bill would impose a state-mandated local program.
(2)
Existing law, the Leroy F. Greene School Facilities Act of 1998, provides for the adoption of rules, regulations, and procedures, under the administration of the Director of General Services, for the allocation of state funds by the State Allocation Board for the construction and modernization of public school facilities.
The Local Agency Public Construction Act regulates, among other things, the letting of contracts by school district governing boards involving an expenditure of more than $50,000 for specified purposes, including the purchase of equipment, materials, or supplies to be furnished, sold, or leased to the school district, services other than construction services, and repairs, including maintenance, as defined. The act requires school district governing board to let any contract involving an expenditure of $15,000 or more to the lowest responsible bidder, as specified.
The act requires a prospective bidder for a construction contract for certain school facility projects to submit a prequalification questionnaire and financial statement, under oath, as part of the bidding process, and requires each prospective bidder to submit a bid by completing and executing a standardized proposal form. That act applies these requirements only to public projects, as defined, for which the governing board of the school district uses state general funds, the Leroy F. Greene School Facilities Act of 1998, or from future state school bonds, that involves a projected expenditure of $1,000,000 or more, as specified.
This bill, notwithstanding any other law, would apply the Local Agency Public Construction Act to county offices of education in the same manner that it is applied to school districts. By expanding the crime of perjury, this bill would establish a state-mandated local program.
(3)
(2)
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.