4.01.030 Informal Bidding Procedures.
A. Public Projects within the amount specified in Section 22032(b) of the Public Contract Code shall be let to contract by informal procedures as set forth in this section, and in compliance with any other applicable sections of the Act.
1. Notice to Contractors. Notice to contractors shall be provided in accordance with either paragraph (a) or (b), or both.
a. The District shall maintain a list of qualified contractors, identified according to categories of work. The list shall be developed and maintained in compliance with the specifications of the California Uniform Construction Cost Accounting Commission. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. All mailing of notices to contractors pursuant to this paragraph shall be completed not less than 10 calendar days before bids are due.
b. The District may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in Public Contract Code Section 22036.
2. Contents of Notice. The notice inviting informal bids shall describe the project in general terms and explain how bidders may obtain more detailed information about the project. It shall also state the time and place for submission of bids.
3. Delegation of Authority. The Board of Directors may delegate authority to award contracts pursuant to this section to the District Engineer. The District Engineer may sub-delegate said authority to award to designated District personnel.
4. Award of Contracts. All District personnel with delegated authority under paragraph (3) above may only award contracts if the following steps are followed:
a. The District has made the final determination as to whether adequate competition has been sought;
b. District Counsel has reviewed the bidding procedure and contract; and
c. The person with delegated authority, and a licensed engineer, have reviewed and approved of by signature the plans, designs, specifications, and/or other information regarding the project’s details in order to preserve the District’s design immunity.
5. Bids Over the Statutory Amount. If all bids received are in excess of the maximum amount allowed by the Act for informally bid contracts, the District may award a contract to the lowest responsive, responsible bidder up to the maximum amount permitted by Public Contract Code section 22034(d) pursuant to if the Board of Directors determines pursuant to a two-thirds vote that the cost estimate is reasonable.
6. Change Orders. Change orders are permitted provided that the maximum contract amount allowed for in the Act is not exceeded and sufficient budget authority is available to fund the overall contract affected by the change orders. All other change orders which are not consistent with this paragraph shall not be effective unless the standard bidding procedures of the Uniform Public Contract Code are followed, and the change order is approved by the Board of Directors.