(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, 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.

This bill would authorize county offices of education, with the approval of the county board of education, to procure those same design-build and alternative design-build contracts, subject to the same requirements that are applicable to school districts.

(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.