Q: Per PCC 10140 - it is very complicated and expensive to advertise every project in a newspaper and trade paper
How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal eProcure. Please advise us about this ongoing difficult part of government procurement.
A:
There are no published cases interpreting this statute, however the phrase "newspaper of general circulation" in section 100140(a)(1).
However, it has been defined as:
A “newspaper of general circulation” is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers, and has been established, printed and published at regular intervals in the State, county, or city where publication, notice by publication, or official advertising is to be given or made for at least one year preceding the date of the publication, notice or advertisement.
Thus, it may not need to be the largest newspaper in the area as there may be other smaller (and maybe cheaper) newspaper in the area that you could use.
A:
With respect to California's Public Contract Code (PCC) 10140, here are a few options state agencies could consider to reduce advertising costs for construction project bids:
1. Advertise online instead of print newspapers: The law allows publication of bid advertisements in a "newspaper of general circulation". Check if your common online newspapers used by contractors and tradespeople qualify as general circulation electronic newspapers. This could significantly reduce costs.
2. Regional rotation: You may be able to rotate what geographic region you advertise larger projects in, rather than advertising statewide every time. Consult with your legal department.
3. Bid consolidations: Bundle multiple projects into a single advertisement when possible rather than separate ads for every project.
4. Trade publications: See if you can negotiate better bulk rates or discounts. Also explore appropriate lower-cost publications.
5. Bid calendar: Maintain an online bid calendar that contractors monitor rather than only relying on ads.
As always, consult legal counsel to ensure your specific publication strategies comply with PCC 10140 requirements. There may be ways to reduce excessive ad costs with some adjustments while still meeting notice obligations.
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