By Jamie Watkins, Southeastern Regional Compliance Manager. -
Here at CIFAC one of the ways Regional Compliance Managers monitor state and local government agencies, is by reviewing city agendas looking for any items that may be out of compliance with the Public Contract Code. I was recently sent notification of a City in my region advertising a Request for Proposal (RFP) for “on call painting services.” The three-year contract was described as maintenance work to preserve city owned facilities. Determining “maintenance” as distinguished from “new construction” is not a black and white decision, but rather a gray area. The Public Contract Code states maintenance work and new construction is:
Maintenance Work (PCC section 22002), maintenance work “is routine, recurring work for preservation or protection of any publicly owned facility. Minor repainting is allowed, as well as the work to maintain publicly owned facilities.” Maintenance is touch up, work for example painting a portion of the building, painting doors, or door frames
New Construction. (PCC section 22002(c)) specifies that new construction “is the renovation, improvements, demolition and repair work involving any publicly owned, or operated facility.” Painting or repainting can be considered new construction based on the scope of the project. New construction for example could be considered painting an entire building.
Although there are many unknown facts about the scope of the project, if the work turns out to be specifically maintenance it is important to know maintenance work does not have a cap and multi-year maintenance contracts are legal. Agencies are not required to bid maintenance work, however we encourage them to do so. If the project turns out to be new work per the definition of new construction, then the project should follow the competitive bidding process.
With this in mind, I will continue to monitor upcoming city agendas for clarification on the project. CIFAC can be a resource for the contractors, as well as cities explaining Public Contract Code requirements, fair bidding, and transparency.