At the California Asphalt Pavement Association (CalAPA) Spring Asphalt Pavement Conference & Equipment Expo held on March 23-24, 2023 in Ontario, Calif., a presentation titled "Public Projects Procurement Requirements – Are Agencies Complying?" was delivered by Anthony Morelli, Southwest Regional Compliance Manager, Construction Industry Force Account Council. When it comes to the procurement of public works projects, California’s Public Contract Code and Charter agency requirements vary on how those projects should be procured. Learn how the Construction Industry Force Account Council creates a level playing field by monitoring public agencies projects to ensure that they comply with the legal requirements concerning self-performing, bidding, and the awarding of public projects.

1. cifac.org
CalAPA Spring Asphalt Pavement Conference & Expo
Ontario, CA - March 23 – 24, 2023
Presentation by: Tony Morelli
Southwestern Regional Compliance Manager

2. Who is CIFAC?
CIFAC is a non-profit organization supported by various
contractors, contractors’ organizations and labor unions
Created in 1977 to prevent force account violations
We are supported by and represent the public works
construction industry as a whole; not individual contractors

3. What is CIFAC’s mission?
CIFAC
1 To prevent force account violations
To create and increase job opportunities for the public
works construction industry through competitive bidding
To create a level playing field for contractors
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To educate the industry, the public and public agencies
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5 To enforce the California Public Contract Code

4. What does CIFAC do?
CIFAC
▪ Monitors public agencies
▪ Investigates potential violations
▪ Works with agencies to bring them into
compliance with the law
▪ Educates on PCC requirements
▪ Initiates complaints with the California Uniform
Construction Cost Accounting Commission
▪ Litigates serious violations of the law
▪ Legislates to clarify the PCC
▪ Acts as a resource for PCC questions

5. ▪ Force account work
▪ Work misclassified as maintenance
▪ Emergency work not meeting criteria allowed by law
▪ Lack of proper advertising
▪ Bid splitting to avoid competitive bidding
requirements
▪ Public construction bid openings done in private
▪ Change orders not within the original scope of work
What type of violations
does CIFAC investigate?
CIFAC

6. What is force account?
CIFAC
Force account is the use of an agencies own labor force or
day labor to complete work
The dollar value of labor, material and equipment is
calculated to determine if a project meets/exceeds the
force account limit or bid threshold amount listed in PCC
This amount determines if the project must be
competitively bid

7. What are some force account limits?
There are over 100 different agencies and force
account limits listed in PCC
General law cities: $5,000
Counties, depends on population: $4,500-$6,500,
excluding roads and bridges
School districts: $15,000
CUCCAA signatory agencies: $60,000

8. Clarity
To clarify the law with respect to
competitive bidding requirements.
Compliance
To ensure full compliance with
competitive bidding statutes as a
means of protecting the public from
misuse of public funds.
Opportunity
To eliminate favoritism, fraud, and
corruption in the awarding of public
contracts.
Integrity
To provide all qualified bidders with a
fair opportunity to enter the bidding
process, thereby stimulating
competition in a manner conducive to
sound fiscal practices.
What is the
purpose of the
PCC?

9. What agencies are covered by the PCC?
Cities (PCC may not apply to charter cities)
Counties
School Districts
California State Universities
Community college districts
Special districts
Caltrans
Parks and Recreation districts
Most local and some state public agencies including:

10. CIFAC
How can you help?
Watch
Watch for violations
and be ready to report
Note the scope of work,
location, agency: the
more details the better
Contact your CIFAC
Representative with
concerns or questions
Record Contact
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11. How do I get more
information?
For more information, helpful links or the latest news
and reports use the following contact options:
info@cifac.org
www.cifac.org
(800) 755.3354