3311.1 - Uniform Public Construction Cost Accounting

In awarding contracts for public works projects, the San Bernardino County Superintendent of Schools desires to obtain the best value and ensure the qualifications of contractors to complete the project in a satisfactory manner. By resolution, the San Bernardino County Superintendent of Schools adopted the procedures set forth in the Uniform Public Construction Cost Accounting Act pursuant to Public Contract Code 22030-22045, including the informal bidding procedures when allowed by law.

The San Bernardino County Superintendent of Schools or designee is responsible for awarding any contract eligible for informal bidding procedures and to develop plans, specifications, and working details for all public projects requiring formal bidding procedures.

No work, project, service, or purchase shall be split or separated into smaller work orders or projects for the purpose of evading legal requirements for competitive bidding. (Public Contract Code 22033)

Projects awarded through the UPCCAA shall be subject to the cost accounting procedures established by the California Uniform Construction Cost Accounting Commission. (Public Contract Code 22030)

Emergency Actions

When formal bids are required by law, but an emergency necessitates immediate repair or replacements, the Superintendent or designee may proceed to replace or repair a facility without adopting plans, specifications, strain sheets, or working details or giving notice for bids to let contracts. The work may be done by day labor under the direction of the Superintendent and/or contractor. The emergency action shall be terminated at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed by giving notice for bids to let contracts. (Public Contract Code 1102, 22035, 22050)

San Bernardino County Superintendent of Schools procedures for awarding contracts for public works projects shall be determined on the basis of the amount of the project, as follows:

1. Public projects of $60,000 or less may be performed by Superintendent employees by force account, negotiated contract, or purchase order. (Public Contract Code 22032)
2. Contracts for public projects of $200,000 or less may be awarded through the following informal procedures: (Public Contract Code 22032, 22034, 22038)
   1. The Superintendent or designee shall prepare a notice inviting informal bids which describes the project in general terms, explains how to obtain further information about the project, and states the time and place for the submission of bids. This notice shall be disseminated by mail, fax, or email to either or both of the following:
      1. All contractors on a list of qualified contractors maintained by the Superintendent for the category of work being bid, unless the product or service is proprietary, at least 10 calendar days before bids are due
      2. All construction trade journals identified pursuant to Public Contract Code 22036
   2. The Superintendent or designee shall review the informal bids that were submitted and award the contract, except that:
      1. If all bids received through the informal process are in excess of $200,000, the contract may be awarded to the lowest responsible bidder, provided that the Superintendent determines it is in the best interest of organization to award the contract at $212,500 or less and the Superintendent determines the cost estimate is reasonable.
      2. If no bids are received through the informal bid procedure, the project may be performed by San Bernardino County Superintendent of Schools employees by force account or negotiated contract.
3. Public projects of more than $200,000 shall, except as otherwise provided by law, be subject to formal bidding procedures, as follows: (Public Contract Code 22032, 22037, 22038)
   1. Notice inviting formal bids shall state the time and place for receiving and opening sealed bids and distinctly describe the project. The notice shall be disseminated in both of the following ways:
      1. Through publication in a newspaper of general circulation in the Superintendent's jurisdiction or, if there is no such newspaper, then by posting the notice in at least three places designated by the Superintendent as places for posting its notices. Such notice shall be published at least 14 calendar days before the date that bids will be opened.
      2. By mail and electronically, if available, by either fax or email, to all construction trade journals identified pursuant to Public Contract Code 22036. Such notice shall be sent at least 15 calendar days before the date that bids will be opened. In addition to the notice required above, the Superintendent may give such other notice as it deems proper.
   2. The Superintendent shall award the contract as follows:
      1. The contract shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the Superintendent may accept the one it chooses.
      2. At its discretion, the Superintendent may reject all bids presented and declare that the project can be more economically performed by Superintendent employees, provided that the Superintendent notifies an apparent low bidder, in writing, of the Superintendent's intention to reject the bid. Such notice shall be mailed at least two business days prior to the hearing at which the Superintendent intends to reject the bid.
      3. If no bids are received through the formal bid procedure, the project may be performed by Superintendent employees by force account or negotiated contract.

Approved: August 26, 2024