本条的规定应适用于杜拉雷县防洪区签订的合同,具体依照1969年法规第1149章的规定。
水区法案图莱里县防洪区
Section § 21581
如果一个建设项目或改进工程的成本超过 $5,000,该工程必须通过合同方式授予给最低的负责任投标人。董事会可以决定项目是采用单一合同还是根据本区的最佳利益分成多个部分。他们必须在当地报纸上刊登招标公告。投标人必须提供担保金,以支付任何劳务或材料索赔。董事会可以拒绝投标并重新招标,或者经三分之二投票通过,可以自行完成工作。
如果没有收到投标,或者成本为 $5,000 或更少,或者工作是维护、紧急情况或河道保护,监事会可以不招标,使用区雇员或任何选定的方法完成项目。在紧急情况下,必须遵循特定的程序。
用于新建工程的材料、设备和用品,如果成本低于 $5,000,可以直接采购,无需招标。任何超过 $5,000 的采购都需要招标过程。
(a)CA 公共合同 Code § 21581(a) Any improvement or unit of work when the cost according to the estimate of the engineer will exceed five thousand dollars ($5,000), shall be done by contract and shall be let to the lowest responsible bidder or bidders in the manner provided in this article. The board shall first determine whether the contract shall be let as a single unit or shall be divided into severable parts, or both, according to the best interests of the district. The board shall call for bids and advertise the call by three insertions in a daily newspaper of general circulation or by two insertions in a weekly newspaper of general circulation printed in the district inviting sealed proposals for the construction or performance of the improvement or work before any
contract is made. The call for bids shall state whether the work is to be performed as a unit or shall be divided into severable specific parts, or both, as stated in the call. The board may let the work by single contract for the whole or it may divide the work into severable parts by separate contracts, as stated in the call, according to the best interests of the district. The board shall require the successful bidder or bidders to file with the board a good and sufficient bond to be approved by the board conditioned upon the payment of their claims for labor and material, the bond to contain the terms and conditions set forth in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code and to be subject to the provisions of that title. The board shall also have the right to reject any and all bids and readvertise for new bids, or by a two-thirds vote may elect to undertake the work by force account.
(b)CA 公共合同 Code § 21581(b) In the event
no proposals are received pursuant to advertisement, or the estimated cost of the work does not exceed five thousand dollars ($5,000), or the work consists of channel protection, maintenance work, or emergency work, the board of supervisors may, without advertising for bids, have the work done by employees of the district, by day labor, under the direction of the board, by contract, or by any combination of those methods. In case of an emergency, if notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050).
(c)CA 公共合同 Code § 21581(c) The district may acquire in the open market without advertising for bids, materials, equipment, and supplies for use in any work or for any other purpose; provided, however, that materials and supplies for use in any new construction work or improvement, except work referred to in subdivision (b), may not be purchased if the cost exceeds five thousand dollars ($5,000),
without advertising for bids and awarding the contract to the lowest responsible bidder.
建设合同 招标过程 最低负责任投标人