Public Contract Code — Part 2 | PCC — United States — California law | Esheria

Public Contract Code

Part 2 of 9 · provisions 201–400

This section says the public contract code is intended to make public contract law clearer, easier to find, and better aligned with competitive bidding rules.

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This section says the public contract code is intended to make public contract law clearer, easier to find, and better aligned with competitive bidding rules. This chapter may be cited as the State Contract Act. Some contracts are exempt from this chapter: contracts to buy supplies or materials under Chapter 2, and contracts needing emergency work or remedial measures to deal with toxic substance releases and protect the public. Certain improvements on state waterfront property in San Francisco, under the San Francisco Port Commission, are excluded from this chapter. Work performed by prisoners under an order from the Secretary of the Department of Corrections and Rehabilitation or the California Correctional Training and Rehabilitation Authority is not subject to this chapter. For prison construction projects or additions, the total cost may not exceed $50,000 unless first approved by the State Public Works Board.

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Provisions of Public Contract Code

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  1. 10302.6.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    State departments and other state agencies may not write product specifications with the intent of excluding goods originating in California.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10302.6. Product specifications as prepared by the department or any other state agency shall not be written with the intent of excluding goods manufactured, produced, grown, or otherwise originating in California. (Amended by Stats. 2000, Ch. 776, Sec. 12. Effective September 27, 2000.)
  2. 10303.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    The department must set and use uniform bidder-rating standards, may keep a qualified-bidders list, may temporarily remove unreliable bidders, and must restore a temporarily removed bidder after six months once the bidder shows the problems were corrected.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10303. The department shall adopt, publish and apply uniform standards of rating bidders, on the basis of questionnaires and required statements, with respect to contracts upon which each bidder is qualified to bid. The department may adopt and publish lists of qualified bidders. No list so adopted and published shall preclude a qualified bidder not on the list from submitting a bid or bids and from being awarded a contract or contracts as the successful bidder. The department may remove a bidder who has demonstrated a lack of reliability in complying with and completing previously awarded contracts with the state, based upon his or her performance on contracts previously been awarded by the state. The department may remove the bidder from any list of qualified bidders prepared by the department for a period of not less than six months but not to exceed 36 months. Any bidder temporarily removed under this section shall be returned to the list of qualified bidders at any time after the initial six months, upon demonstrating to the department’s satisfaction that the problems that resulted in the bidder’s previously demonstrated unreliability in complying with and completing state contracts have been corrected. (Amended by Stats. 2004, Ch. 277, Sec. 6. Effective January 1, 2005.)
  3. 10304.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    Bids must be sealed, kept confidential until opening, and only considered if received at the department office before the bid deadline.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10304. All bids shall be sealed and shall be publicly opened and read at the time set forth in the solicitation, provided any person present desires the bids to be so read. No bids shall be considered which have not been received in the office of the department prior to the closing time for bids set forth in the invitations to bids. The department shall maintain confidentiality regarding each bid until the public opening and reading takes place. (Amended by Stats. 2000, Ch. 776, Sec. 13. Effective September 27, 2000.)
  4. 10304.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    The Department of Water Resources may award certain specialized-equipment contracts without competitive bidding, but must set conditions first and prepare a written declaration for qualifying contracts over $25,000.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10304.1. Notwithstanding Sections 10301, 10302, and 10304, the Department of Water Resources may award contracts for the acquisition of specialized equipment for facilities of the State Water Resources Development System, as defined in Section 12931 of the Water Code. Prior to exercising the authority granted by this section, the Department of Water Resources, in collaboration with the department, shall establish the conditions under which any contract in excess of twenty-five thousand dollars ($25,000) is awarded without the competitive bidding process. The conditions shall be developed to expedite operations and maintenance work to reduce the risk of the loss of water or power to the State Water Resources Development System, and shall require the Department of Water Resources to prepare a written document declaring that the contract meets those conditions. Consistent with its authority under Section 10297, the department shall review those contracts for consistency with the conditions established pursuant to this section. (Added by Stats. 2011, Ch. 587, Sec. 3. (SB 224) Effective January 1, 2012.)
  5. 10305.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    After bids are opened, they must be available for public inspection, and bid tabulations must be completed within seven days.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10305. After being opened the bids shall be available for public inspection and tabulations shall be completed within seven days. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  6. 10306.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    This section requires advance notice before certain contract awards, pauses the award when a qualifying protest is filed, and requires a protesting bidder to submit a detailed written statement within 10 days.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10306. (a) Whenever a contract under this article is not to be awarded to the lowest bidder, the bidder shall be notified 24 hours prior to awarding the contract to another bidder. Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place specified in the solicitation document by the department, that may include an electronic location or Internet Web site, at least 24 hours prior to awarding the contract. If prior to making the award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract on the ground that he or she is the lowest responsible bidder meeting specifications, the contract shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. In computing the 24-hour periods provided for in this section, Saturdays, Sundays, and legal holidays shall be excluded. (b) Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support thereof. (Amended by Stats. 2018, Ch. 335, Sec. 3. (SB 1505) Effective January 1, 2019.)
  7. 10307.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    The director must establish statewide acquisition standards.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10307. The director shall establish statewide acquisition standards, the purpose of which shall be to ensure the necessary quality of goods acquired by or under the supervision of the department and to permit the consolidation of acquisitions in order to effect greater economies in state contracting. (Amended by Stats. 2000, Ch. 776, Sec. 14. Effective September 27, 2000.)
  8. 10308.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    State agency purchases of goods over $100 must be made by or under the department’s supervision, unless another rule in the chapter applies.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10308. Except as provided otherwise in this chapter, every acquisition of goods in excess of one hundred dollars ($100) for any state agency shall be made by or under the supervision of the department. However, the state agency may specify the quality of the goods to be acquired. If the department determines that the quality specified by the agency is inconsistent with the statewide standards established by the director under Section 10307, it shall change the request to make it consistent with the standards, and it shall notify the state agency, within a reasonable time, before a contract is issued. If the agency is of the opinion the interests of the state would not be served by the acquisition of goods of a lesser quality or different than that specified by the agency, the agency may request a hearing before the department and the department shall determine which goods will best serve the interests of the state, whereupon the department shall issue a contract for the goods specified by the department. (Amended by Stats. 2016, Ch. 31, Sec. 264. (SB 836) Effective June 27, 2016.)
  9. 10309.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    A state agency may not buy goods in the open market unless the department has given permission and necessity is shown, subject to Sections 10332 and 10333.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10309. Except as provided in Sections 10332 and 10333, no state agency may acquire goods in the open market, unless permission has been given by the department, upon a showing of the necessity therefor. (Amended by Stats. 2000, Ch. 776, Sec. 17. Effective September 27, 2000.)
  10. 10310.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    When the department asks, each state agency authorized to acquire goods must designate someone to report to the department as required.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10310. Upon the request of the department, every state agency that is authorized by law to acquire goods shall designate some person in the agency whose duty it shall be to make reports to the department at times and in a manner as it may require. (Amended by Stats. 2000, Ch. 776, Sec. 18. Effective September 27, 2000.)
  11. 10311.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    The department must issue bids within 30 days after receiving a requisition, and generally must award or reject bids within 45 days after the bid closing date unless a protest is filed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10311. (a) An estimate or requisition approved by the state agency in control of the appropriation or fund against which an acquisition is to be charged, is full authority for any contract for goods of the quality specified by the agency or determined by the department as provided in this article made pursuant thereto by the department. (b) The department shall issue a call for bids within 30 days after receiving a requisition for any goods that are regularly acquired within this state. The period of closing time designated in the invitations for bids shall be exclusive of holidays and shall be extended to the next working day after a holiday. (c) Except as provided in subdivision (d), after the closing date for receiving any bids within or without this state, the contract shall be awarded or the bids shall be rejected within 45 days unless a protest is filed as provided in Section 10306. (d) After the 45-day time period prescribed by subdivision (c), the department may in its sound discretion either award the contract to the lowest responsible bidder meeting specifications who remains willing to accept the award or else reject all bids. (e) The amendments made to this section at the 1987–88 Regular Session of the Legislature do not constitute a change in, but are declaratory of, existing law. (Amended by Stats. 2016, Ch. 31, Sec. 265. (SB 836) Effective June 27, 2016.)
  12. 10312.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    The disbursing officer must send the invoice or demand for payment, with a sworn statement, to the Controller right after services are performed or goods are delivered.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10312. Immediately upon the rendition of services or the delivery of goods, the disbursing officer shall transmit the invoice or demand for payment together with his or her sworn statement to the Controller. The sworn statement shall show that the services have been rendered and the goods delivered to the state agency in accordance with the contract and law. (Amended by Stats. 2000, Ch. 776, Sec. 20. Effective September 27, 2000.)
  13. 10313.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    The director may choose to make department services available to tax-supported public agencies in the state, including school districts, on terms the director finds satisfactory.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10313. The director may make the services of the department under this article available, upon those terms and conditions as he or she may deem satisfactory, to any tax-supported public agency in the state, including a school district. (Amended by Stats. 2003, Ch. 402, Sec. 1. Effective January 1, 2004.)
  14. 10314.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    For specially manufactured goods for the state, the contract may include progress payments, but at least 10% of the price must be withheld until final delivery and acceptance, and the contractor must provide an acceptable faithful performance bond.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10314. Any contract for goods to be manufactured by the contractor specially for the state and not suitable for sale to others in the ordinary course of the contractor’s business may provide, on such terms and conditions as the department deems necessary to protect the state’s interests, for progress payments for work performed and costs incurred at the contractor’s shop or plant, provided that not less than 10 percent of the contract price is required to be withheld until final delivery and acceptance of the goods, and provided further, that the contractor is required to submit a faithful performance bond, acceptable to the department, in a sum not less than one-half of the total amount payable under the contract securing the faithful performance of the contract by the contractor. (Amended by Stats. 2000, Ch. 776, Sec. 22. Effective September 27, 2000.)
  15. 10315.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    The department may manage warehouses and adopt rules and regulations needed for the proper and economical making of state acquisitions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10315. The department may rent, lease, construct, and maintain warehouses and make the rules and regulations that are necessary for the proper and economical making of state acquisitions. (Amended by Stats. 2000, Ch. 776, Sec. 23. Effective September 27, 2000.)
  16. 10316.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    The department may insure certain state-owned goods stored in non-state-controlled warehouses against fire loss, and the insurance premiums must be paid from the Service Revolving Fund and added to the goods’ price.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10316. The department may insure in the name of the state any goods or merchandise belonging to the state which are stored in any warehouse or storage depot not under exclusive state control, in an amount sufficient to indemnify the state against loss or damage by fire. Premiums for such insurance shall be paid out of the Service Revolving Fund and prorated and added to the price of the goods or merchandise. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  17. 10317.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    A department employee who supervises a warehouse or storage depot holding state goods must give the state a $5,000 bond, and the state must pay the bond premiums.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10317. Each person in the department who has personal supervision and control of any warehouse or storage depot wherein merchandise or goods belonging to the state are stored, shall execute to the people of the state a bond in the penal sum of five thousand dollars ($5,000). Premiums on the bonds shall be paid by the state as are the premiums upon the bonds of state officers. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  18. 10318.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    State agencies and their employees may not write bid specifications for certain school goods or textbooks in a way that restricts bidding to one bidder. Bidders may be required to provide a bond or other indemnity for patent-infringement claims.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10318. No state agency or employee thereof shall draft or cause to be drafted, any specifications for bids, in connection with the acquisition or contemplated acquisition of any goods or textbooks for use in the day and evening elementary schools of the state, in such a manner as to limit the bidding directly or indirectly, to any one bidder. Bidders may be required to furnish a bond or other indemnification to the state against claims or liability for patent infringement. (Amended by Stats. 2000, Ch. 776, Sec. 24. Effective September 27, 2000.)
  19. 10319.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    A state agency may buy perishable goods for an emergency without department permission if the purchase does not exceed $100.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10319. To meet an emergency, goods of a perishable nature, in an amount not exceeding one hundred dollars ($100) in value, may be acquired by a state agency without the permission of the department. (Amended by Stats. 2000, Ch. 776, Sec. 25. Effective September 27, 2000.)
  20. 10320.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    State agencies using installment purchase or lease-purchase contracts must make periodic payments with interest, and the department may refinance such contracts if it determines doing so benefits the state.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10320.5. (a) Commencing January 1, 1992, all state agencies subject to this chapter that enter into installment purchase or lease-purchase contracts shall make periodic payments, which shall include interest computed from a date no later than the acceptance date of the goods purchased pursuant to the contract. However, if the contract requires an acceptance test, interest shall be computed from a date no later than the first day of the successful acceptance test period. Unless otherwise provided for in the contract, periodic payments shall commence upon acceptance of the goods or, if the contract requires an acceptance test, as of the first day of the successful acceptance test period. Late charges shall accrue for any periodic payment not made to the contractor or its assigns from either the payment date provided in the contract or 60 days following the receipt of a valid invoice for the periodic payment, whichever is later. However, in the event any invoice is received prior to the acceptance date, the receipt date of the invoice shall be construed to be the acceptance date. Late charges under this section shall be assessed using the interest rate as specified in Section 927.6 of the Government Code. (b) The department is authorized to refinance installment purchase contracts when, in the determination of the department, it is financially beneficial to the state to do so. (Amended by Stats. 2000, Ch. 776, Sec. 27. Effective September 27, 2000.)
  21. 10322.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗
    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10322. Any person who supplies any state agency with livestock products derived from any of the animals enumerated in Section 19501 of the Food and Agricultural Code shall file with the department a sworn statement that the animals were slaughtered by methods defined in that section and in Sections 19502 and 19503 of the Food and Agricultural Code. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  22. 10323.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    The Department of Food and Agriculture must provide methods for identifying certain animal carcasses, using regulations and cooperation with the U.S. Department of Agriculture.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10323. To assist the department and other state agencies in the enforcement of the provisions of Section 19501 of the Food and Agricultural Code, the Department of Food and Agriculture shall provide, through cooperation with the United States Department of Agriculture in the enforcement of Public Law 85-765 and by means of appropriate regulations, suitable methods of identifying the carcasses of animals inspected and passed under Chapter 4 (commencing with Section 18651) of Part 3 of Division 9 of the Food and Agricultural Code that have been slaughtered by methods prescribed by Sections 19501, 19502, and 19503 of that code. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  23. 10325.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    The department must provide quarterly acquisition lists on request, and it must also provide terms, conditions, and specifications when requested.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10325. Each quarter, the department shall, upon request, provide each city, county, city and county, district, local government body, or public corporation empowered to expend public funds for the acquisition of consumable goods and other interested parties with a list of those items available for acquisition under Section 10324. The department may supplement the quarterly lists with a monthly supplement of changes, additions and deletions. Terms, conditions, and specifications shall be provided upon request. (Amended by Stats. 2000, Ch. 776, Sec. 29. Effective September 27, 2000.)
  24. 10326.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    When California state agencies set bid specs for motor vehicles and choose the lowest responsible bidder, they may consider probable resale value.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10326. In establishing bid specifications for the acquisition of motor vehicles and in determining the lowest responsible bidder, consideration may be given by the state to the probable resale value of the vehicles as determined by recognized published used car marketing guides and other established historical evidence of future used motor vehicle value or, in lieu thereof, by contractual guarantee of the apparent low bidder that the resale value of the vehicle will be no less in proportion to bid price than any other comparable vehicle complying with specifications for which a bid was received. (Amended by Stats. 2000, Ch. 776, Sec. 30. Effective September 27, 2000.)
  25. 10326.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    California community college and CSU campuses or facilities may not authorize a 15-passenger van to carry passengers unless the driver has a valid class B license and the required passenger-transportation endorsement.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10326.1. (a) A campus or a facility of a California Community College or a campus or a facility of the California State University, that owns, leases, or otherwise has possession or control of a 15-passenger van, may not, on or after January 1, 2005, authorize the operation of that van for the purpose of transporting passengers unless the person driving or otherwise operating that van has both of the following: (1) A valid class B driver’s license, as provided in Division 6 (commencing with Section 12500) of the Vehicle Code, issued by the Department of Motor Vehicles. (2) An endorsement for operating a passenger transportation vehicle, as provided in Article 6 (commencing with Section 15275) of Chapter 7 of Division 6 of the Vehicle Code, issued by the Department of Motor Vehicles. (b) (1) Except as provided in paragraph (2), for purposes of this section, a “15-passenger van” means any van manufactured to accommodate 15 passengers, including the driver, regardless of whether that van has been altered to accommodate fewer than 15 passengers. (2) For purposes of this section, a “15-passenger van” does not mean a 15-passenger van with dual rear wheels that has a gross weight rating equal to, or greater than, 11,500 pounds. (c) The Legislature recommends that the Regents of the University of California adopt rules and regulations similar to the provisions contained in this section. (Added by Stats. 2003, Ch. 559, Sec. 3. Effective January 1, 2004.)
  26. 10327.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    State acquisition of motor vehicles is governed by another Health and Safety Code article, except for vehicles described in Section 43805, and only when the department determines low-emission vehicles are reasonable for state needs.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10327. Except for motor vehicles described in Section 43805 of the Health and Safety Code, the provisions of Article 1 (commencing with Section 43800) of Chapter 4 of Part 5 of Division 26 of the Health and Safety Code shall govern the acquisition of all motor vehicles by the state to the extent that the department determines that these low-emission vehicles are reasonable to meet state needs pursuant to Section 43804 of the Health and Safety Code. (Amended by Stats. 2000, Ch. 776, Sec. 31. Effective September 27, 2000.)
  27. 10328.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    This section says the article’s bid requirements do not apply to certain contracts for fluid milk, fluid cream, certain fruits and vegetables for state canneries, and agricultural surpluses.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10328. The bid requirements prescribed in this article are not applicable to contracts for the acquisition of the following: (a) Fluid milk and fluid cream, the price of which is established in accordance with Section 61871 of the Food and Agricultural Code. (b) Fruits and vegetables procured under contract with growers for the use of canneries maintained and operated by state agencies, if these canneries are maintained and operated so that their canned products will meet the standards prescribed for similar commercially packed canned products under federal law. (c) Agricultural surpluses that are available to the state or its agencies by any governmental agency. (Amended by Stats. 2000, Ch. 776, Sec. 32. Effective September 27, 2000.)
  28. 10329.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    A person must not willfully split one transaction into multiple transactions to avoid this article’s bidding requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10329. No person shall willfully split a single transaction into a series of transactions for the purpose of evading the bidding requirements of this article. (Amended by Stats. 2006, Ch. 538, Sec. 537. Effective January 1, 2007.)
  29. 10330.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    The department must set the annual minimum dollar level for delegating goods-purchasing authority to qualifying state agencies and adjust that level each July 1 based on inflation, subject to a minimum $800 starting level.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10330. On July 1 of each year, the department shall establish the minimum dollar level below which authority to acquire goods shall be delegated to state agencies that meet the requirements of Section 10333. The level established at eight hundred dollars ($800) on January 1, 1983, and adjusted on July 1, 1983, pursuant to former Section 14792.1 of the Government Code, shall be retained and adjusted each July 1 thereafter to reflect, at a minimum, the percentage change from April 1 of the prior year to April 1 of the current year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (Amended by Stats. 2000, Ch. 776, Sec. 33. Effective September 27, 2000.)
  30. 10331.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

    Verify source ↗

    The department must set up a program to delegate goods-purchasing authority to state agencies that satisfy Section 10333.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10331. The department shall establish a program for delegating authority to acquire goods to state agencies that meet the requirements of Section 10333. Each delegation shall be subject to annual review by the department. Delegated authority may be withdrawn at any time the department finds that the state agency to which authority has been delegated is not in compliance with the requirements of Section 10333. (Amended by Stats. 2000, Ch. 776, Sec. 34. Effective September 27, 2000.)
  31. 10332.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    A state agency with delegated authority may make certain goods purchases, but some purchases need office approval or prior notice.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10332. Any state agency that receives delegated authority to acquire goods shall be authorized, at a minimum, to make the following types of acquisitions: (a) Acquisitions not exceeding the dollar value established pursuant to Section 10330. (b) Acquisitions in any amount of goods available under an unexpired statewide or regional contract. Acquisitions of goods for which a valid statewide or regional contract is in effect may not be made, without the approval of the office, from a supplier other than the supplier with whom the state has a valid contract. (c) Acquisitions in any amount of goods that state agencies are required, by Section 2807 of the Penal Code, to acquire from the California Correctional Training and Rehabilitation Authority. (d) Acquisitions not exceeding the dollar amount, established pursuant to Section 10330, of goods designated in price schedules that the office has established with suppliers. Acquisitions not exceeding the dollar amount, established pursuant to Section 10330, of goods designated in price schedules may be made from a supplier other than the supplier specified on a price schedule if another supplier offers the same or equivalent goods at a price lower than the price established in the price schedule. The agency shall notify the office prior to making the acquisition. The acquisition may be made 48 hours after receipt of the notice by the office unless the office advises the agency that the goods to be acquired are not the same or equivalent to the goods specified on a price schedule. (e) Acquisitions not exceeding the dollar value, established pursuant to Section 10330, of goods that are available from the state warehouses but which the state agency can acquire from another supplier at a price lower than the price charged by the department. The agency shall notify the office prior to making the acquisition. The acquisition may be made 48 hours after receipt of the notice by the office unless the office advises the agency that the goods to be acquired are not the same or equivalent to the goods available from the state warehouses. (Amended by Stats. 2025, Ch. 241, Sec. 65. (SB 857) Effective January 1, 2026.)
  32. 10333.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    The department must delegate purchasing authority to a state agency that meets specified purchasing, reporting, training, and compliance requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10333. (a) The department shall delegate purchasing authority, as specified in Section 10332, to any state agency that does all of the following: (1) Designates an agency officer as responsible and directly accountable for the agency’s purchasing program. (2) Establishes written policies and procedures, including procedures for ensuring and documenting competitive purchasing, complying with purchasing standards established pursuant to Section 10307, inspecting acquired products for compliance with specifications, reporting contractor failures to deliver products as specified in contracts, ensuring that agency contracting personnel are free from conflict of interest, and complying with other provisions of law as the department may require. (3) Establishes procedures for complying with the provisions of the Small Business Procurement and Contract Act (Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3 of Title 2 of the Government Code). The procedures shall include procedures for meeting the goals for the extent of participation of small businesses in state contracting as established by the department pursuant to subdivision (a) of Section 14838 of the Government Code. (4) Establishes policies for training personnel in purchasing law and procedures, controlling and reviewing purchasing practices, auditing purchasing activities, and delegating purchasing authority within the agency. (5) Reports the data to the office that the department may require. (b) The department shall conduct an audit of each state agency to which purchasing authority has been delegated at least once in each three-year period. The authority to acquire goods may be withdrawn by the department at any time that the department finds that the state agency to which authority has been delegated is not in compliance with the requirements of this section. (c) The department shall maintain procedures for complying with the State Agency Buy Recycled Campaign (Chapter 4 (commencing with Section 12153)). The procedures shall include procedures for meeting the minimum recycled content requirements in state contracting as established by CalRecycle pursuant to Section 12209 and procedures for complying with reporting requirements as established by CalRecycle pursuant to Section 12211. (Amended by Stats. 2022, Ch. 517, Sec. 1. (AB 661) Effective January 1, 2023.)
  33. 10334.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. )

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    State employees are generally barred from buying goods from the state unless those goods are offered to the general public on the same terms. The section also allows certain state peace officers, and in one case a surviving spouse or domestic partner, to buy specified state-issued firearms if the listed conditions and request deadlines are met.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 3. Competitive Bidding and Other Acquisition Procedures [10300 - 10334] ( Heading of Article 3 amended by Stats. 2000, Ch. 776, Sec. 9. ) ## 10334. (a) No state employee shall acquire any goods from the state, unless the goods are offered to the general public in the regular course of the state’s business on the same terms and conditions as those applicable to the employee. “State employee,” as used in this section, means any employee of the state included within Section 82009 of the Government Code, and all officers and employees included within Section 4 of Article VII of the California Constitution, except those persons excluded from the definition of “designated employee” under the last paragraph of Section 82019 of the Government Code. (b) Notwithstanding subdivision (a), any peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, employed by the State of California for a period of more than 120 months who has been duly retired through a service retirement or a peace officer retiring from a job-incurred disability not related to a mental or emotional disorder and who has been granted the legal right to carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the Penal Code may be authorized by the person’s department head to purchase his or her state-issued handgun. Disability retired peace officers need not meet the 120-month employment requirement. The cost of the handgun shall be the fair market value as listed in the annual Blue Book of Gun Values or replacement cost, whichever is less, of the handgun issued as determined by the appointing power, plus a charge for the cost of handling. The retiring officer shall request to purchase his or her handgun in writing to the department within 30 calendar days of his or her retirement date. (c) Notwithstanding subdivision (a), any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code employed by the State of California who is authorized to carry firearms may purchase his or her state-issued service firearm if the person’s department head directs the department to change its state-issued service weapon system. The cost of the service firearm shall be the fair market value as listed in the annual Blue Book of Gun Values or replacement cost, whichever is less, of the firearm issued as determined by the department head, plus a charge for the cost of handling. The requesting officer shall request to purchase his or her firearm in writing to the department within 10 calendar days of receiving the new state-issued weapon. (d) Notwithstanding subdivision (a), the spouse or domestic partner of a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who was employed by the State of California and who died in the line of duty, may be authorized by his or her spouse’s or domestic partner’s department head to purchase his or her state-issued handgun. The cost of the handgun shall be the fair market value of the handgun as listed in the annual Blue Book of Gun Values or replacement cost, whichever is less, as determined by the appointing power, plus a charge for the cost of handling. The spouse or domestic partner shall request to purchase the handgun in writing to the department within 30 calendar days of his or her spouse’s or domestic partner’s death. A sale of a firearm pursuant to this subdivision shall be made pursuant to Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6 of the Penal Code, as required by Section 27545 of the Penal Code. (Amended by Stats. 2013, Ch. 16, Sec. 2. (AB 685) Effective January 1, 2014.)
  34. 10335.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

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    State agencies must send covered service contracts to the department for approval, and unapproved contracts generally have no effect unless a listed exception applies.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10335. (a) This article shall apply to all contracts, including amendments, entered into by any state agency for services to be rendered to the state, whether or not the services involve the furnishing or use of equipment, materials, or supplies or are performed by an independent contractor. Except as provided in Sections 10295.6 and 10351, and paragraphs (8) and (9) of subdivision (b) of Section 10340, all contracts subject to this article are of no effect unless and until approved by the department. Each contract shall be transmitted with all papers, estimates, and recommendations concerning it to the department and, if approved by the department, shall be effective from the date of approval. This article shall apply to any state agency that by general or specific statute is expressly or impliedly authorized to enter into the transactions referred to in this section. This article shall not apply to contracts for the construction, alteration, improvement, repair, or maintenance of real or personal property, contracts for services subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, to contracts that are listed as exceptions in Section 10295, contracts of less than five thousand dollars ($5,000) in amount, contracts of less than five thousand dollars ($5,000) where only per diem or travel expenses, or a combination thereof, are to be paid, contracts between state agencies, or contracts between a state agency and local agency or federal agency. (b) In exercising its authority under this article with respect to contracts for the services of legal counsel, other than the Attorney General, entered into by any state agency that is subject to Section 11042 or Section 11043 of the Government Code, the department, as a condition of approval of the contract, shall require the state agency to demonstrate that the consent of the Attorney General to the employment of the other counsel has been granted pursuant to Section 11040 of the Government Code. This consent shall not be construed in a manner that would authorize the Attorney General to establish a separate program for reviewing and approving contracts in the place of, or in addition to, the program administered by the department pursuant to this article. (c) Until January 1, 2001, the department shall maintain a list of contracts approved pursuant to subdivision (b). This list shall be filed quarterly with the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget. The list shall be limited to contracts with a consideration in excess of twenty thousand dollars ($20,000) during the life of the contract and shall include sufficient information to identify the provider of legal services, the length of each contract, applicable hourly rates, and the need for the services. The department shall add a contract that meets these conditions to the list within 10 days after approval. A copy of the list shall be made available to any requester. The department may charge a fee to cover the cost of supplying the list as provided in Section 7922.530 of the Government Code. (d) Contracts subject to the approval of the department shall also have the department’s approval for a modification or amendment thereto, with the following exceptions: (1) An amendment to a contract that only extends the original time for completion of performance for a period of one year or less is exempt. If the original contract was subject to approval by the department, one fully executed copy including transmittal document, explaining the reason for the extension, shall be sent to the legal office of the department. A contract may only be amended once under this exemption. (2) Contracts let or awarded on the basis of a law requiring competitive bidding may be modified or amended only if the contract so provides or if authorized by the law requiring competitive bidding. (3) If an amendment to a contract has the effect of giving the contract as amended an increase in monetary amount, or an agreement by the state to indemnify or save harmless any person, the amendment shall be approved by the department. (Amended by Stats. 2021, Ch. 615, Sec. 357. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  35. 10335.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

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    This section defines “consulting services contract” and lists contracts exempt from the article’s advertising and bidding requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10335.5. (a) “Consulting services contract,” as used in this article, means services that do all of the following: (1) Are of an advisory nature. (2) Provide a recommended course of action or personal expertise. (3) Have an end product that is basically a transmittal of information either written or verbal and that is related to the governmental functions of state agency administration and management and program management or innovation. (4) Are obtained by awarding a contract, a grant, or any other payment of funds for services of the above type. The product may include anything from answers to specific questions to design of a system or plan, and includes workshops, seminars, retreats, and conferences for which paid expertise is retained by contract. (b) “Consulting services contract” does not include any of the following: (1) Contracts between a state agency and the federal government. (2) Contracts with local agencies, as defined in Section 2211 of the Revenue and Taxation Code, to subvene federal funds for which no matching state funds are required. (c) The following consulting services contracts are exempt from the advertising and bidding requirements of this article: (1) Contracts that are temporary or time-limited appointments to a nontesting civil service classification for the purpose of meeting a time-limited employment need. Selection and compensation for these appointments shall be made in accordance with state civil service requirements. Payment under a consulting service contract may be on the basis of each hour or day devoted to the task or in one lump sum for the end product. (2) Contracts that can only be performed by a public entity as defined in subdivision (b) of Section 605 of the Unemployment Insurance Code. (3) Contracts solely for the purpose of obtaining expert witnesses for litigation. (4) Contracts for legal defense, legal advice, or legal services. (5) Contracts in an amount of less than five thousand dollars ($5,000). (6) Contracts entered into pursuant to Section 14838.5 of the Government Code. (Added by Stats. 2000, Ch. 759, Sec. 3. Effective January 1, 2001.)
  36. 10335.7.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

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    This section defines “state agency” for this article as most state offices and departments, but excludes the Legislature, the courts, and judicial-branch agencies.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10335.7. “State agency,” as used in this article, means every state office, department, division, bureau, board, or commission, but does not include the Legislature, the courts, or any agency in the judicial branch of government. (Added by renumbering Section 10357 by Stats. 2000, Ch. 759, Sec. 21. Effective January 1, 2001.)
  37. 10336.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

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    The Department of Finance may set contract-approval controls and may require a state agency to send a proposed contract for review when it believes the contract does not match its program and budget determinations.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10336. The Department of Finance may establish those controls over approval of contracts by the department as are necessary to assure that approval is consistent with program and budgetary determinations of the Department of Finance. The controls established under this section shall not be constructed in a fashion or be construed in a manner which would authorize the Department of Finance to establish a separate program for reviewing and approving contracts in the place of, or in addition to, the program administered by the department pursuant to this article. The Department of Finance, when it has reason to believe that a proposed contract is not in compliance with its program and budgetary determinations, may direct a state agency to transmit the contract to it for review. It is the intent of the Legislature, however, that any review of this type shall be restricted to individual contracts and shall occur only if no alternative course of action satisfactory to the Department of Finance is available. (Amended by Stats. 2000, Ch. 759, Sec. 4. Effective January 1, 2001.)
  38. 10337.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

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    This section lets the State Personnel Board set standards for contract approval and review certain contracts, with deadlines and written decisions required.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10337. (a) The State Personnel Board may establish such standards and controls over approval of contracts by the Department of General Services as are necessary to assure that the approval is consistent with the merit employment principles and requirements contained in Article VII of the California Constitution. The substantive provisions of the standards shall be established at the discretion of the State Personnel Board. The specific procedures for contract review pursuant to such standards shall be established jointly by the board and the department. It is the intent of the Legislature that except as provided in this section, the standards and controls established under this subdivision shall not be constructed in such a fashion or construed in such a manner as to authorize the State Personnel Board to establish a separate program for reviewing and approving each and every contract in the place of, or in addition to, the program administered by the Department of General Services pursuant to this article. The State Personnel Board may, when it has reason to believe that a proposed contract is not in compliance with the provisions of Section 19130 of the Government Code, and shall, when requested to do so by an employee organization representing state employees, direct a state agency to transmit the contract to it for review. (b) The State Personnel Board shall direct any state agency to transmit to it for review any contract proposed or executed pursuant to subdivision (a) of Section 19130 of the Government Code, if the review has been requested by an employee organization notified pursuant to Section 19131 of the Government Code. The review shall occur prior to any review conducted by the Department of General Services. The board shall restrict its review to the question as to whether the contract complies with the provisions of subdivision (a) of Section 19130 of the Government Code and any additional standards and controls established pursuant to subdivision (a) of this section. The board may disapprove the contract only if it determines that the contract does not comply. The board shall delegate the review of such a contract to the executive officer of the board. Within 15 days of its receipt, the executive officer shall notify the employee organization which requested the review whether he or she intends to approve or disapprove it. If the employee organization requests it, the executive officer shall grant the employee organization the opportunity to present its case against the contract and the reasons why the contract should be referred to the board for a hearing. Upon a showing of good cause by the employee organization, the executive officer shall schedule the disputed contract for a hearing before the board for the purpose of receiving evidence and hearing arguments concerning the propriety of the disputed contract. In any case, the executive officer shall approve or disapprove the contract or refer it to the board for a hearing within 30 days of its receipt. The reasons for a decision by the executive officer, or the board, approving or disapproving the contract shall be stated in writing. (c) A contract proposed or executed pursuant to subdivision (b) of Section 19130 of the Government Code shall be reviewed by the State Personnel Board if the board receives a request to conduct such a review from an employee organization representing state employees. Any such review shall be restricted to the question as to whether the contract complies with the provisions of subdivision (b) of Section 19130 of the Government Code. The board shall delegate the review of such a contract to the executive officer of the board. If the employee organization requests it, the executive officer shall grant the employee organization the opportunity to present its case against the contract and the reasons why the contract should be referred to the board for a hearing. Upon a showing of good cause by the employee organization, the executive officer shall schedule the disputed contract for a hearing before the board for the purpose of receiving evidence and hearing arguments concerning the propriety of the disputed contract. The executive officer shall approve or disapprove the contract or refer it to the board for a hearing within 30 days of its receipt. The reasons for the decision by the executive officer, or the board, approving or disapproving the contract shall be stated in writing. (d) Contracts subject to State Personnel Board review under this section shall not become effective unless and until approval is granted. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  39. 10339.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

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    A state agency must not draft, or cause to be drafted, a bid invitation or request for proposal that directly or indirectly limits bidding to one bidder, subject to Section 10348.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10339. (a) Subject to the provisions of Section 10348, no state agency shall draft, or cause to be drafted, any invitation to bid or request for proposal, in connection with the awarding of a contract, in a manner that limits the bidding directly or indirectly to any one bidder. (b) Any contract awarded in violation of subdivision (a) shall be void. (Amended by Stats. 2000, Ch. 759, Sec. 5. Effective January 1, 2001.)
  40. 10340.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    State agencies must get at least three competitive bids or proposals for each contract, unless a listed exception applies.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10340. (a) Except as provided by subdivision (b), a state agency shall secure at least three competitive bids or proposals for each contract. (b) Three competitive bids or proposals are not required in any of the following cases: (1) In cases of an emergency where a contract is necessary for the immediate preservation of the public health, welfare, or safety, or protection of state property. (2) When the state agency awarding the contract has advertised the contract in the California State Contracts Register and has solicited all potential contractors known to the state agency, but has received less than three bids or proposals. (3) (A) The contract is with another state agency, a local governmental entity, an auxiliary organization of the California State University, an auxiliary organization of a California community college, a foundation organized to support the Board of Governors of the California Community Colleges, or an auxiliary organization of the Student Aid Commission established pursuant to Section 69522 of the Education Code. These contracts, however, shall not be used to circumvent the competitive bidding requirements of this article. (B) Notwithstanding subparagraph (A), until January 1, 2020, an interagency agreement that is in effect pursuant to an amount appropriated to the California Initiative to Advance Precision Medicine, including a contract with the Regents of the University of California or an auxiliary organization of the California State University, may include a subcontract not subject to any competitive bidding requirements of this article for the limited purpose of researching or developing precision medicine. (4) The contract meets the conditions prescribed by the department pursuant to subdivision (a) of Section 10348. (5) The contract has been awarded without advertising and calling for bids pursuant to Section 19404 of the Welfare and Institutions Code. (6) A contract entered into pursuant to Section 14838.5 of the Government Code. (7) A contract for the development, maintenance, administration, or use of licensing or proficiency testing examinations. (8) The contract is for services for the operation, maintenance, repair, or replacement of specialized equipment at facilities of the State Water Resources Development System, as defined in Section 12931 of the Water Code, and meets the conditions established by the Department of Water Resources for those contracts. (9) The contract meets the conditions prescribed by the Department of Water Resources for contracts subject to Section 10295.6. (10) A contract entered into by the Commission on Peace Officer Standards and Training or the Office of Emergency Services solely for the services of instructors for public safety training. For the purpose of this paragraph, “public safety training” includes, but is not limited to, training related to law enforcement, emergency medical response, emergency volunteers, and fire responders. (11) A contract entered into by the Department of Forestry and Fire Protection for the purpose of providing logistical support for large-scale prescribed fire operations, including, but not limited to, meals, lodging, hired equipment, and land use agreements, or any related subcontract. (c) A state agency that has received less than three bids or proposals on a contract shall document, in a manner prescribed by the department, the names and addresses of the firms or individuals it solicited for bids or proposals. (Amended by Stats. 2024, Ch. 778, Sec. 3. (SB 1101) Effective January 1, 2025.)
  41. 10341.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    For covered competitive-bidding contracts, bids must be publicly opened at the stated time, the dollar amount of each bid must be read, and late bids cannot be considered.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10341. Whenever a contract subject to the provisions of this article is awarded under a procedure which provides for competitive bidding, the bids shall be publicly opened at the time stated in the invitation for bids and the dollar amount of each bid shall be read. No bids shall be considered which have not been received at the place, and prior to the closing time for bids, stated in the invitation for bids. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  42. 10342.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    After bids are opened, they must be available for public inspection.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10342. After opening, all bids shall be available for public inspection. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  43. 10344.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    State agencies using a request-for-proposal process must include required proposal details, follow specified evaluation steps, and award the contract according to the stated rules.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10344. (a) Contracts subject to the provisions of this article may be awarded under a procedure that makes use of a request for proposal. State agencies that use this procedure shall include in the request for proposal a clear, precise description of the work to be performed or services to be provided, a description of the format that proposals shall follow and the elements they shall contain, the standards the agency will use in evaluating proposals, the date on which proposals are due and the timetable the agency will follow in reviewing and evaluating them. State agencies that use a procedure that makes use of a request for proposal shall evaluate proposals and award contracts in accordance with the provisions of subdivision (b) or (c). No proposals shall be considered that have not been received at the place, and prior to the closing time, stated in the request for proposal. (b) State agencies that use the evaluation and selection procedure in this subdivision shall include in the request for proposal, in addition to the information required by subdivision (a), a requirement that bidders submit their proposals with the bid price and all cost information in a separate, sealed envelope. Proposals shall be evaluated and the contract awarded in the following manner: (1) All proposals received shall be reviewed to determine those that meet the format requirements and the standards specified in the request for proposal. (2) The sealed envelopes containing the bid price and cost information for those proposals that meet the format requirements and standards shall then be publicly opened and read. (3) The contract shall be awarded to the lowest responsible bidder meeting the standards. (c) State agencies that use the evaluation and selection procedure in this subdivision shall include in the request for proposal, in addition to the information required by subdivision (a), a description of the methods that will be used in evaluating and scoring the proposals. Any evaluation and scoring method shall ensure that substantial weight in relationship to all other criteria utilized shall be given to the contract price proposed by the bidder. Proposals shall be evaluated and the contract awarded in the following manner: (1) All proposals shall be reviewed to determine which meet the format requirements specified in the request for proposal. (2) All proposals meeting the formal requirements shall then be submitted to an agency evaluation committee which shall evaluate and score the proposals using the methods specified in the request for proposal. All proposals and all evaluation and scoring sheets shall be available for public inspection at the conclusion of the committee scoring process. (3) The contract shall be awarded to the bidder whose proposal is given the highest score by the evaluation committee. (d) Nothing in this section shall require the awarding of the contract if no proposals are received containing bids offering a contract price that in the opinion of the state agency is a reasonable price. (e) (1) In addition to the information required by subdivision (a), a request for proposal for a contract that involves the furnishing of equipment, materials, or supplies shall contain the following statement: “It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.” (2) On and after March 31, 2010, and until December 31, 2011, if a request for proposal does not contain the statement required by paragraph (1), the awarding agency shall report this error to the department within 30 days of the date the awarding agency discovers this error. (3) The department shall post in the State Contracting Manual instructions for including the statement required by paragraph (1) in all affected contracts. (4) The statement required by paragraph (1) shall be deemed to be part of a request for proposal even if the statement is inadvertently omitted from the request for proposal. (Amended by Stats. 2009, Ch. 490, Sec. 5. (AB 926) Effective January 1, 2010.)
  44. 10344.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    The Department of Human Resources must give qualified bidders a fair chance to compete for certain contracts, publish its award guidelines to the public, and implement Section 10351 objectives where feasible.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10344.1. The Department of Human Resources, with respect to contracts it enters into for state employees for employee benefits, occupational health and safety, training services, or any combination thereof, shall provide all qualified bidders with a fair opportunity to enter the bidding process, therefore stimulating competition in a manner conducive to sound fiscal practices. The Department of Human Resources shall make available to any member of the public its guidelines for awarding these contracts, and to the extent feasible, implement the objectives set forth in Section 10351. (Amended by Stats. 2012, Ch. 665, Sec. 185. (SB 1308) Effective January 1, 2013.)
  45. 10345.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    In competitive-bid contracts not awarded to the low bidder, the low bidder must get notice five working days before award. Bid protest rules also require public posting, prompt written protest statements, and a pause on award until the protest is withdrawn or decided.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10345. (a) Whenever a contract is awarded under a procedure providing for competitive bidding, but the contract is not to be awarded to the low bidder, the low bidder shall be given notice five working days prior to the award of the contract by telegram, electronic facsimile transmission, overnight courier, Internet transmission, or personal delivery. (1) Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a place accessible by the general public, including any Internet site identified in the invitation for bids at least five working days prior to awarding the contract. (2) If, prior to the award, any bidder files a protest with the awarding state agency and the department protesting the award of the contract on the grounds that he or she is the lowest responsible bidder meeting the specifications for the contract, the contract shall not be awarded until either the protest has been withdrawn or the department has decided the matter. (3) Within five days after filing the protest, the protesting bidder shall file with the department and the awarding state agency a full and complete written statement specifying the grounds for the protest. (b) Contracts awarded under the provisions of Section 10344 shall be awarded only after a notice of the proposed award has been posted in a place accessible by the general public, including any Internet site identified in the request for proposal, for five working days. (1) If, prior to the award, any bidder files a protest with the awarding state agency and the department against the awarding of the contract, the contract shall not be awarded until either the protest has been withdrawn or the department has decided the matter. (2) Within five days after filing the protest, the protesting bidder shall file with the department and awarding state agency a full and complete written statement specifying the grounds for the protest. Protests shall be limited to the following grounds: (A) The state agency failed to follow the procedures specified in either subdivision (b) or (c) of Section 10344. (B) The state agency failed to apply correctly the standards for reviewing the format requirements or evaluating the proposals as specified in the request for proposal. (C) The state agency used the evaluation and selection procedure in subdivision (b) of Section 10344, but is proposing to award the contract to a bidder other than the lowest responsible bidder. (D) The state agency used the evaluation and selection procedure in subdivision (c) of Section 10344, but failed to follow the methods for evaluating and scoring the proposals specified in the request for proposal. (E) The state agency used the evaluation and selection procedure in subdivision (c) of Section 10344, but is proposing to award the contract to a bidder other than the bidder given the highest score by the state agency evaluation committee. (c) The department shall establish written procedures for deciding protests under this section. (Amended by Stats. 2000, Ch. 759, Sec. 11. Effective January 1, 2001.)
  46. 10346.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    Contracts may allow progress payments, but at least 10% must be held back until final completion unless the work is made up of separate and distinct tasks.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10346. Contracts may provide for progress payments to contractors for work performed or costs incurred in the performance of the contract. Not less than 10 percent of the contract amount shall be withheld pending final completion of the contract. However, if the contract consists of the performance of separate and distinct tasks, then any funds so withheld with regard to a particular task may be paid upon completion of that task. No state agency shall make progress payments on a contract unless it first has established procedures, approved by the department, which will ensure that the work or services contracted are being delivered in accordance with the contract. (Amended by Stats. 2000, Ch. 759, Sec. 12. Effective January 1, 2001.)
  47. 10348.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    The department must set rules for noncompetitive contract awards, contract cost reasonableness, special review of multi-year contracts, and possible waivers for some small contracts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10348. The department shall prescribe the following: (a) The conditions under which a contract may be awarded without competition, and the methods and criteria which shall be used in determining the reasonableness of contract costs when a contract is awarded without competition. (b) Any special requirements for evaluating multiple-year contracts which the department deems necessary to protect the financial interest of the state. (c) For contracts of less than twenty thousand dollars ($20,000), the conditions under which some or all of the provisions of this article may be waived in order to assist agencies in obtaining services and consultant services in an efficient and timely manner. (Amended by Stats. 2000, Ch. 759, Sec. 13. Effective January 1, 2001.)
  48. 10348.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    Each state agency must designate at least one existing person or position as a contract manager, and each contract manager must know legal contractual arrangements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10348.5. Each state agency shall designate at least one currently existing person or position within the state agency as a contract manager. Every contract manager shall have knowledge of legal contractual arrangements. (Added by Stats. 2000, Ch. 759, Sec. 14. Effective January 1, 2001.)
  49. 10349.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    The Department of Human Resources must set up a training program for state agency contracting personnel.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10349. The Department of Human Resources shall establish a program for training state agency contracting personnel in contract administration and contract management. The cost of training state agency contracting personnel shall be paid by state agencies out of their appropriations for personnel training. The Department of Human Resources shall, prior to establishing the training program required by this section, consult with the department concerning the training curriculum and the development of a training manual on contract administration. (Amended by Stats. 2012, Ch. 665, Sec. 186. (SB 1308) Effective January 1, 2013.)
  50. 10350.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    The Department of Rehabilitation may award certain small rehabilitation-services contracts without competition or advertising, and it must follow specified pricing procedures and reporting requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10350. (a) This section shall apply to contracts awarded by the Department of Rehabilitation to provide rehabilitation services to eligible individuals with disabilities pursuant to Section 361.48 of Title 34 of the Code of Federal Regulations. (b) Notwithstanding the bidding, advertising, and protesting procedures of this chapter, Chapter 3 (commencing with Section 12100), and Chapter 3.5 (commencing with Section 12120), the Department of Rehabilitation may award a contract described in subdivision (a) without competition or advertising, in accordance with procedures for documenting fair and reasonable pricing adopted by the Department of Rehabilitation, in collaboration with the Department of General Services, if the value of the purchase is less than ten thousand dollars ($10,000) and it involves any of the following: (1) Assistive technology devices or services. (2) An item which is not assistive technology, but is to be incorporated into a new or existing integrated system which does include assistive technology. (3) An assistive technology device or service that is purchased along with other goods or services and a rehabilitation counselor determines that purchasing the goods or services from an assistive technology vendor is most beneficial for the consumer. (c) In developing the procedures, the Department of Rehabilitation shall consult with vendors of assistive technology goods and services and organizations that advocate for people with disabilities, and it shall give primary emphasis on ensuring the timely delivery of products identified to meet the individual needs of consumers. (d) (1) The Department of Rehabilitation shall submit a report to the Legislature, prior to January 1, 2029, regarding contracts entered into pursuant to the procedures authorized by this section. (2) The report shall, at a minimum, list, for each contract entered into, the contract or purchase order number, a brief description of the goods or services, the contractor name, the date of the acquisition, and the amount paid. Purchases for the same consumer shall be grouped together. (3) The report shall describe the efficiencies or improvements that resulted from having awarded contracts pursuant to the alternative procedures authorized by this section so as to provide the Legislature information necessary to determine the effectiveness of those procedures. (4) (A) The requirement for submitting a report imposed under paragraph (1) shall become inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code. (B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (e) For purposes of this section, the following definitions apply: (1) “Assistive technology device” means any item, piece of equipment, software or product system that is designed to increase, maintain, or improve the functional capabilities of individuals with disabilities, including, but not limited to: (A) Low-tech devices such as a reacher, large grip pen, or independent living aid. (B) High-tech equipment such as specialized computer hardware and accessories such as custom switches, keyboards, and mouse alternatives. (C) Specialized computer software such as screen-readers, communication software, or tools to help with reading and writing. (D) Inclusive or specialized learning materials and curriculum aids. (E) Specialized curricular software. (F) Other items such as wheelchairs, height adjustable desks, power lifts, eye-gaze, head trackers, and environmental controls. (2) “Assistive technology service” means a service which directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. These services include, but are not limited to, evaluation, training, set up and installation, system configuration and testing, and technical support. (3) “Integrated system” means a collection of equipment or software which is designed to work together as a system to meet the disability-related needs of a Department of Rehabilitation consumer. This includes, but is not limited to, situations where a computer is adapted through use of specialized software and peripherals. Some of the necessary components of the system may be generic equipment or software such as cables, scanners, or printers, so long as the system includes one or more assistive technology devices. (f) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2024, Ch. 253, Sec. 1. (AB 3193) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions.)
  51. 10351.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    The department must exempt certain state agency contracts under $150,000 from approval if the agency meets specified compliance, training, audit, and reporting requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10351. (a) The department shall exempt from its approval contracts under one hundred fifty thousand dollars ($150,000) that any state agency awards if the state agency does all of the following: (1) Designates an agency officer as responsible and directly accountable for the agency’s contracting program. (2) Establishes written policies and procedures and a management system that will ensure the state agency’s contracting activities comply with applicable provisions of law and regulations and that it has demonstrated the ability to carry out these policies and procedures and to implement the management system. (3) Establishes a plan for ensuring that contracting personnel are adequately trained in contract administration and contract management. (4) Conducts an audit every three years of the contracting program and reports to the department as it may require. (5) Establishes procedures for reporting to the department and the Legislature on such contracts as the Legislature may require in the Budget Act. (b) Any state agency may request the department to exempt from its approval classes or types of contracts under this section. When the department receives a request but refuses to grant the exemption, it shall state in writing the reasons for the refusal. It is the intent of the Legislature that the department shall actively implement the provisions of this section and shall exempt from its approval as wide a range of classes or types of contracts as is consistent with proper administrative controls and the best interests of the state. (Amended by Stats. 2024, Ch. 997, Sec. 20. (AB 179) Effective September 30, 2024.)
  52. 10352.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    The department must review the contracting program audit, and it may withdraw a Section 10351 exemption if the state agency is out of compliance.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10352. (a) The department shall conduct a quality control review of the audit of the contracting program required by Section 10351. (b) The exemption provided by Section 10351 may be withdrawn by the department at any time that the department finds that the state agency to which the exemption has been granted is out of compliance with the requirements of Section 10351. In any case where the exemption is withdrawn, the department shall state in writing, the reasons for the withdrawal and shall specify the actions the state agency is required to take before the exemption again may be requested. (Amended by Stats. 1990, Ch. 1044, Sec. 4. Effective September 19, 1990.)
  53. 10353.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    Large state contracts must require the contractor to give priority consideration to qualified aid recipients when filling funded vacancies, with stated exceptions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10353. A contract in an amount in excess of two hundred thousand dollars ($200,000) that is governed by the provisions of this part shall contain a provision requiring the contractor to give priority consideration in filling vacancies in positions funded by the contract to qualified recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, in accordance with Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. This section and Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be applicable to any contracts for a project as defined in Section 10105. This section and Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code shall not be construed so as to do any of the following: (a) Interfere with or create a violation of the terms of valid collective bargaining agreements. (b) Require the contractor to hire an unqualified recipient of aid. (c) Interfere with, or create a violation of, any federal affirmative action obligation of a contractor for hiring disabled veterans or veterans of the Vietnam era. (d) Interfere with, or create a violation of, the requirements of Section 12990 of the Government Code. If waivers are deemed necessary to implement this section and Article 3.9 (commencing with Section 11349) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and if the State Department of Social Services has not obtained these waivers from the federal government by March 1, 1985, the department shall report on the barriers to the waivers and the expected date of waiver approval. This section is not applicable to consulting services contracts. (Amended by Stats. 2000, Ch. 759, Sec. 17. Effective January 1, 2001.)
  54. 10353.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    Contracts for legal services must include several contractor duties set by the state agency, including compliance with designated guidelines, plans, budgets, audits, and insurance levels.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10353.5. (a) Any contract for legal services shall contain the following provisions: (1) The contractor shall agree to adhere to legal cost and billing guidelines designated by the state agency. (2) The contractor shall adhere to litigation plans designated by the state agency. (3) The contractor shall adhere to case phasing of activities designated by the state agency. (4) The contractor shall submit and adhere to legal budgets as designated by the state agency. (5) The contractor shall maintain legal malpractice insurance in an amount not less than the amount designated by the state agency. (6) The contractor shall submit to legal bill audits and law firm audits if requested by the state agency. The audits may be conducted by employees or designees of the state agency or by any legal cost control providers retained by the state agency for that purpose. (b) A contractor may be required to submit to a legal cost and utilization review, as determined by the state agency. (c) As used in this section, the following definitions apply: (1) “Legal bill audits,” means an evaluation and analysis of the reasonableness of particular legal bills submitted to a state agency for reimbursement. (2) “Law firm audit,” means a review of law firm files applicable to legal services provided to a state agency for a particular time period. (3) “Legal cost and utilization review,” means a review performed by the state agency or its legal cost provider of the utilization and billing practices of a contractor for the purpose of developing or revising guidelines to be followed prospectively by the contractor in representing the state agency. (4) “Contract for legal service,” shall include any contract between a state agency and any law firm, professional corporation, law firm partnership, or individual attorney to perform legal work on behalf of the state agency. (5) “Legal cost control provider,” means any corporation, professional corporation, partnership, or sole proprietorship which possesses the following qualifications: (A) Maintains an office in the state. (B)Is authorized to do business in the state. (C) Has existed as a legal cost control provider for at least two complete, successive years, as evidenced by filings of tax returns. (D) All legal cost control services are provided by attorneys. (E) All attorneys providing the legal cost control services are admitted to practice in this state. (F) All attorneys have been admitted to practice in this state for a minimum of five years prior to the performance of any legal cost control services for any state agency. (G) Any legal cost control provider shall maintain professional liability insurance in the amount designated by the state agency. (Added by Stats. 1992, Ch. 734, Sec. 1. Effective January 1, 1993.)
  55. 10365.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    A contractor that has been awarded a consulting services contract generally may not bid on or be awarded later related work tied to that contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10365.5. (a) No person, firm, or subsidiary thereof who has been awarded a consulting services contract may submit a bid for, nor be awarded a contract for, the provision of services, procurement of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. (b) Subdivision (a) does not apply to any person, firm, or subsidiary thereof who is awarded a subcontract of a consulting services contract which amounts to no more than 10 percent of the total monetary value of the consulting services contract. (c) Subdivisions (a) and (b) do not apply to consulting services contracts subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (Amended by Stats. 1991, Ch. 1091, Sec. 123.)
  56. 10367.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    State agencies must use post-evaluation forms for consulting services contracts of $5,000 or more, and the department must provide standardized evaluation forms and standards.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10367. (a) Each contractor shall be advised in writing on the standard contract form that his or her performance, or the firm’s performance under the contract will be evaluated. (b) The department shall use standardized evaluation forms and make them available to every state agency. Each state agency shall use post-evaluation forms to evaluate all consulting services contracts totaling five thousand dollars ($5,000) or more. The department shall devise standards and criteria for the post-evaluation forms. These standardized post-evaluation forms shall consist of a form for assessing the need and value of the consulting services contract to the state, and a form for assessing the usability and utility of the completed consulting services contract. (Amended by Stats. 2000, Ch. 759, Sec. 30. Effective January 1, 2001.)
  57. 10369.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    State agencies must complete a post-evaluation for consulting services contracts of $5,000 or more, keep it on file, and give notice and copies when an evaluation is unsatisfactory.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10369. (a) Each state agency shall conduct a post-evaluation, by completing the post-evaluation form, of each consulting services contract totaling five thousand dollars ($5,000) or more that it executes. (b) The agency shall evaluate the performance of the contractor in doing the work or delivering the services for which the contract was awarded. The agency shall report on all of the following: (1) Whether the contracted work or services were completed as specified in the contract, and reasons for and amount of any cost overruns or delayed completions. (2) Whether the contracted work or services met the quality standards specified in the contract. (3) Whether the contractor fulfilled all the requirements of the contract and if not, in what ways the contractor did not fulfill the contract. (4) Factors outside the control of the contractor that caused difficulties in contractor performance. (5) Other information the department may require. (6) How the contract results and findings will be utilized to meet the agency goals. (c) If the contractor’s performance was judged unsatisfactory on any of the factors specified in subdivision (b) and was not mitigated by circumstances specified in paragraph (4) of subdivision (b), the evaluation shall be considered unsatisfactory for the purposes of subdivisions (e) and (f). (d) The post-evaluation shall be prepared within 60 days of the completion of the contract. (e) Post-evaluations shall remain on file at the offices of the awarding state agency for a period of 36 months following contract completion. If the contractor did not satisfactorily perform the work or service specified in the contract, the state agency conducting the evaluation shall place one copy of the evaluation form in the state agency’s contract file and send one copy of the form to the department within five working days of the completion of the evaluation. (f) Upon filing an unsatisfactory evaluation with the department, the state agency shall notify and send a copy of the evaluation to the contractor within 15 days. The contractor shall have the right, within 30 days after receipt, to submit to the awarding state agency and the department, a written response statement that shall be filed with the evaluation in the state agency’s contract file and in the department. (Amended by Stats. 2000, Ch. 759, Sec. 31. Effective January 1, 2001.)
  58. 10370.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    Contractor evaluations and responses kept by state agencies and the department are not public records, the department must serve as a central repository, and copies must be sent on request.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10370. The evaluations and contractor responses on file with the state agencies and the department shall not be public records. The department shall act as a central depository for all state agencies making evaluation or desiring information on a contractor’s record with the state and shall send a copy of any post-evaluation report and response to the contracting manager or contracting officer of any state agency upon request. The post-evaluations and contractor responses shall remain on file for a period of 36 months only. Failure by the awarding state agency to send a negative post-evaluation to the department may be grounds for rejection of future contracts or modification of exemptions. (Amended by Stats. 2000, Ch. 759, Sec. 32. Effective January 1, 2001.)
  59. 10371.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    State agencies must use private resources only when they are at least as good as agency resources, and consulting services contracts face extra approval, documentation, and listing rules—especially for contracts of $5,000 or more.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10371. The following provisions shall apply to all consulting services contracts: (a) Each state agency shall, regardless of the fiscal amount involved, use available private resources only when the quality of work of private resources is of at least equal quality compared with the state agency operated resources. (b) Each state agency shall, prior to signing a consulting services contract totaling five thousand dollars ($5,000) or more, prepare detailed criteria and a mandatory progress schedule for the performance of the contract and shall require each selected contractor to provide a detailed analysis of the costs of performing the contract. (c) Except in an emergency, no consulting services contract shall be commenced prior to formal approval by the department or, if the department’s approval is not otherwise required, by the director of the state agency. No payments for any consulting services contract shall be made prior to this approval of the award. For the purpose of this subdivision an “emergency” means an instance, as determined by the department, where the use of contracted services appeared to be reasonably necessary but time did not permit the obtaining of prior formal approval of the contract. (d) No consulting services contractor shall be awarded a contract totaling five thousand dollars ($5,000), or more, unless all of the following apply: (1) The state agency has reviewed any contractor evaluation form on file with the department in accordance with Section 10369. (2) Each state agency shall require that a completed resumé for each contract participant who will exercise a major administrative role or major policy or consultant role, as identified by the contractor, be attached to the contract for public record and is made a part of the contract. (3) The department shall notify a state agency seeking approval of a proposed contract within 10 working days if it has a negative evaluation in its files on a previous contract or contracts awarded to this contractor. (e) The department may require special evaluation procedures for multiyear contracts or for contracts calling for special evaluation procedures beyond the post-evaluation. (f) Any contract for consulting services awarded without competition shall be listed in the California State Contracts Register. The information contained in the listing shall include the contract recipient, amount, and services covered. The requirement of this subdivision shall not apply to any contract awarded without competition executed with an expert witness for purposes of civil litigation in a pending case. (g) The department shall have the duty to restrict or terminate the authority of a state agency to enter into consultant contracts if the state agency has consistently avoided the proper preparation, retention, or submission of post-evaluation forms, as required by this article. (Amended by Stats. 2024, Ch. 997, Sec. 21. (AB 179) Effective September 30, 2024.)
  60. 10372.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    When the department seeks a commercial rental car services contract, it must develop bidder-evaluation criteria that partly consider the number of zero-emission or plug-in hybrid electric vehicles in each rental fleet.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10372. On and after January 1, 2024, when seeking to award a contract for commercial rental car services, the department shall develop criteria to evaluate bidders, at least in part, based on the number of zero-emission vehicles or plug-in hybrid electric vehicles in their rental car fleet. (Added by Stats. 2022, Ch. 360, Sec. 2. (SB 1010) Effective January 1, 2023.)
  61. 10381.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. )

    Verify source ↗

    The department must keep state agencies informed, provide implementation information to interested parties, and ensure consultant services contracts include standard language and a contract-dispute settlement provision.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 4. Contracts for Services [10335 - 10381] ( Heading of Article 4 amended by Stats. 2000, Ch. 759, Sec. 1. ) ## 10381. (a) The department shall ensure that all state agencies are kept fully informed of the department’s plans and procedures for implementing the provisions of this article. The department shall make information available on implementation procedures to all interested parties. (b) The department shall ensure that every consultant services contract contains standard language that fully informs the contractor of his or her duties, obligations, and rights under this article, and any additional contractor rights and obligations which the department determines should be included. (c) Each consulting services contract shall have a provision for settlement of contract disputes. (Amended by Stats. 2000, Ch. 759, Sec. 43. Effective January 1, 2001.)
  62. 10383.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. )

    Verify source ↗

    The Department of General Services is assigned to handle distribution of federal surplus personal property in California, except food commodities.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. ) ## 10383. The Department of General Services is hereby designated as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, in accordance with subdivision (j) of Section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. Sec. 484), as amended, and succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction heretofore exercised by the State Department of Education with respect to the distribution of federal surplus personal property, excepting the duties, purposes, responsibilities, and jurisdiction exercised by the State Department of Education with respect to the distribution of federal surplus food commodities. (Added by Stats. 1984, Ch. 196, Sec. 8. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.)
  63. 10383.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. )

    Verify source ↗

    The department must work with the federal government to distribute surplus federal personal property fairly and quickly to eligible institutions in California, except food commodities.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. ) ## 10383.1. The department shall cooperate with the federal government and its agencies in securing the expeditious and equitable distribution of surplus personal property of the federal government, excepting food commodities, to eligible institutions in California, assist those institutions in securing that property, and do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with subdivision (j) of Section 203 of the Federal Property and Administrative Services Act of 1949, as amended. (Added by Stats. 1984, Ch. 196, Sec. 8. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.)
  64. 10383.2.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. )

    Verify source ↗

    The department may make cooperative agreements with federal agencies and let them use department property, facilities, personnel, and services, with or without payment or reimbursement, for this article’s purposes.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. ) ## 10383.2. The department may enter into cooperative agreements with, and may provide for utilization by, federal agencies, with or without payment or reimbursement, of the property, facilities, personnel, and services of the department in carrying out the purposes of this article. (Added by Stats. 1984, Ch. 196, Sec. 8. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.)
  65. 10383.3.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. )

    Verify source ↗

    The Director of General Services may create an advisory committee for distributing federal surplus personal property fairly and equitably to eligible recipients.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. ) ## 10383.3. The Director of General Services may create a committee to serve as an advisory body to the department to ensure that distribution of federal surplus personal property to eligible recipients will be accomplished fairly and equitably. In the event that such a committee is created, the membership shall be representative of a cross section of those institutions that are eligible recipients, and the members shall serve without compensation but shall be reimbursed for any actual and necessary expenses incurred in connection with the performance of their advisory function. (Added by Stats. 1984, Ch. 196, Sec. 8. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.)
  66. 10383.4.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. )

    Verify source ↗

    The department must develop a detailed state plan of operation, and the Governor must certify and submit it to the federal General Services Administration Administrator.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. ) ## 10383.4. The department shall develop a detailed state plan of operation in accordance with subdivision (j) of Section 203 of the Federal Property and Administrative Services Act of 1949, as amended, and the Governor shall certify and submit the plan to the Administrator of the Federal General Services Administration. (Added by Stats. 1984, Ch. 196, Sec. 8. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.)
  67. 10383.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. )

    Verify source ↗

    Certain surplus-property cash resources must be deposited into the Service Revolving Fund, and related Department of General Services distribution costs must be paid from that fund.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. ) ## 10383.5. The cash resources of the Surplus Property - Hardware Program from surplus-personal property transferred to this state in accordance with the Federal Property and Administrative Services Act of 1949 (40 U.S.C. Sec. 484(j)) shall be deposited in the Service Revolving Fund in the State Treasury, created pursuant to Section 16420 of the Government Code. All costs of the Department of General Services attributable to the distribution of surplus personal property pursuant to this article shall be paid from the Service Revolving Fund. (Amended by Stats. 1988, Ch. 207, Sec. 2.)
  68. 10383.6.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. )

    Verify source ↗

    The Department of General Services must keep possession and control of certain property and records connected to the State Department of Education’s surplus personal property functions, except food commodities.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. ) ## 10383.6. The Department of General Services shall have the possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property real or personal held for the benefit or use of the State Department of Education in the performance of the duties, powers, purposes, responsibilities, and jurisdiction pertaining to surplus personal property, excepting food commodities, that on the operative date of this section are vested in the Department of General Services. (Added by Stats. 1984, Ch. 196, Sec. 8. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.)
  69. 10383.7.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. )

    Verify source ↗

    Certain State Department of Education officers and employees are transferred to the Department of General Services, while their status, position, and rights are preserved except for civil-service-exempt positions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. ) ## 10383.7. All officers and employees of the State Department of Education as mutually agreed by the Department of General Services to be on the operative date of this section serving in the state civil service, other than as temporary employees, and engaged in the performance of the function vested in the Department of General Services by this article shall be transferred to the Department of General Services. The status, position, and rights of such persons shall not be affected by the transfer and shall be retained by them as officers and employees of the Department of General Services pursuant to the State Civil Service Act, except as to positions exempt from civil service. (Added by Stats. 1984, Ch. 196, Sec. 8. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.)
  70. 10383.8.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. )

    Verify source ↗

    The department may make rules and regulations to carry out this article, as long as they are consistent with the law.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 5.5. Federal Surplus Personal Property [10383 - 10383.8] ( Article 5.5 added by Stats. 1984, Ch. 196, Sec. 8. ) ## 10383.8. The department may make all rules and regulations consistent with the law for the purpose of carrying into effect the provisions of this article. Those rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1984, Ch. 196, Sec. 8. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.)
  71. 10385.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6. Purchase of Federal Surplus Property [10385 - 10389] ( Article 6 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    The department may buy, lease, or otherwise acquire federal surplus real property for state agencies if it judges the deal is in the state’s best interests.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6. Purchase of Federal Surplus Property [10385 - 10389] ( Article 6 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10385. The department may purchase, lease or otherwise acquire from the federal government or any agency thereof for use of state agencies, surplus real property, including buildings, fixtures, and equipment situated thereon, whenever in the department’s judgment the purchase or acquisition and the terms and conditions thereof are in the best interests of the state. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  72. 10386.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6. Purchase of Federal Surplus Property [10385 - 10389] ( Article 6 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    The department exclusively handles negotiations with the federal government about purchasing or acquiring the property, unless it authorizes another state officer or agency to do so.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6. Purchase of Federal Surplus Property [10385 - 10389] ( Article 6 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10386. Any and all negotiations with the federal government or its agencies for or in connection with the purchase or acquisition of such property, and all activities, functions and responsibilities pertaining thereto, are hereby vested in and shall be assumed and conducted exclusively by the department. No other state officer or agency shall, except on the authorization of the department, negotiate with the federal government or its agencies for or in connection with the purchase or acquisition of such property. Any state agency may inspect such property to determine whether the same would be useful in the performance of its duties and may make recommendations to the department concerning the same. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  73. 10387.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6. Purchase of Federal Surplus Property [10385 - 10389] ( Article 6 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    The department must coordinate with federal agencies about federal property, share the information with state agencies, and set and explain procedures for requisitioning and paying for the property.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6. Purchase of Federal Surplus Property [10385 - 10389] ( Article 6 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10387. The department shall do all of the following: (1) Keep in constant touch with federal agencies charged with the sale or disposition of federal property and secure from them full details as to the nature and availability of the property and the terms and conditions under which it can be purchased or acquired. (2) Transmit information thus secured to all state agencies in order that they may possess complete and up-to-date information as to the nature and selling price of available property. (3) Prescribe procedures consistent with this article to be followed by state agencies in requisitioning and paying for the property and inform them of the procedures. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  74. 10388.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6. Purchase of Federal Surplus Property [10385 - 10389] ( Article 6 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    State agencies that want to buy or acquire federal property must submit estimates or requisitions to the department and pay for the property under existing state purchase laws, unless the department prescribes otherwise.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6. Purchase of Federal Surplus Property [10385 - 10389] ( Article 6 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10388. Unless otherwise prescribed by the department, state agencies desiring to purchase or acquire federal property shall submit their estimates or requisitions therefor to the department, and shall pay for the property, in accordance with existing laws governing state purchases. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  75. 10389.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6. Purchase of Federal Surplus Property [10385 - 10389] ( Article 6 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    This article does not apply to the Trustees of the California State University.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6. Purchase of Federal Surplus Property [10385 - 10389] ( Article 6 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10389. This article shall not apply to the Trustees of the California State University. (Amended by Stats. 1986, Ch. 843, Sec. 8.)
  76. 10389.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6.5. State Surplus Personal Property [10389.1 - 10389.2] ( Article 6.5 added by Stats. 1998, Ch. 731, Sec. 1.2. )

    Verify source ↗

    The Department of General Services must first offer appropriate state surplus personal property to school districts before offering it to the public, unless the property is more suited for public safety uses.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6.5. State Surplus Personal Property [10389.1 - 10389.2] ( Article 6.5 added by Stats. 1998, Ch. 731, Sec. 1.2. ) ## 10389.1. The Department of General Services, if feasible and consistent with existing law, shall first offer appropriate state surplus personal property to school districts prior to offering that property to the public, except for property more appropriately suited for public safety uses. The department may offer school districts state surplus personal property at less than fair market value, if it is determined by the Director of General Services to be in the best interests of the state. The department shall develop policies and procedures for the implementation of this article. (Added by Stats. 1998, Ch. 731, Sec. 1.2. Effective January 1, 1999.)
  77. 10389.2.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6.5. State Surplus Personal Property [10389.1 - 10389.2] ( Article 6.5 added by Stats. 1998, Ch. 731, Sec. 1.2. )

    Verify source ↗

    The department must set policies for giving away or disposing of state surplus computers and related equipment, including eligibility for certain nonprofits and rules to ensure confidential information is removed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 6.5. State Surplus Personal Property [10389.1 - 10389.2] ( Article 6.5 added by Stats. 1998, Ch. 731, Sec. 1.2. ) ## 10389.2. (a) The department’s policies and procedures regarding the disposition of state surplus computers, laptops, monitors, and related computer equipment shall do all of the following: (1) Facilitate the disposition of state surplus computers to further the state policy of bridging the digital divide, as described in subdivision (d) of Section 709 of the Public Utilities Code. (2) Authorize nonprofit entities that, in partnership with a school district, operate a public computer center to further the state policy of bridging the digital divide, as described in subdivision (d) of Section 709 of the Public Utilities Code, to be eligible for receipt of state surplus computers under Section 10389.1 and through approved disposition directly from a state agency. (3) Include a procedure enabling state agencies with surplus computers to ascertain whether the nonprofit entities described in paragraph (2) are interested in receiving those surplus computers. The procedure shall include a preference for nonprofit entities within the same geographic region as the state agency in order to minimize transportation and disposition costs. (4) Require that state agency documentation of the disposition of surplus computers include a certification that all confidential, sensitive, and personal information was removed from the computers prior to disposition. (5) Require any nonprofit organization that obtains a computer from the department, pursuant to this article, to use the computer only for operating a public computer center and to prohibit the resale of that computer. (b) The department, in collaboration with the California Technology Agency, shall promote increased awareness among state agency officials of the requirement to remove from all state surplus computers all confidential, sensitive, and personal information prior to any disposition of those computers. (Added by Stats. 2011, Ch. 251, Sec. 1. (SB 493) Effective September 6, 2011.)
  78. 10405.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 7.6. Recycled Oil Markets [10405 - 10409] ( Article 7.6 added by Stats. 1989, Ch. 1226, Sec. 3. )

    Verify source ↗

    This section defines terms used in the recycled oil markets article.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 7.6. Recycled Oil Markets [10405 - 10409] ( Article 7.6 added by Stats. 1989, Ch. 1226, Sec. 3. ) ## 10405. The following definitions govern the construction of this article: (a) “Department” means the State Department of Health Services. (b) “Industrial oil” means any compressor, turbine, or bearing oil, hydraulic oil, metal-working oil, or refrigeration oil. (c) “Lubricating oil” means any oil intended for use in an internal combustion crankcase, transmission, gearbox, or differential or an automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine. (d) “Procuring agency” means any state agency or any person contracting with that agency with respect to work performed under a contract for lubricating oil or industrial oil. (e) “Recycled oil” means recycled oil, as defined in subdivision (c) of Section 25250.1 of the Health and Safety Code. (f) “Used oil” means used oil, as defined in subdivision (a) of Section 25250.1 of the Health and Safety Code. (g) “Virgin oil” means oil which has been refined from crude oil and which has not been used or contaminated with impurities. (Added by Stats. 1989, Ch. 1226, Sec. 3. Note: See changes set forth in Governor's Reorg. Plan 1 of 1991.)
  79. 10406.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 7.6. Recycled Oil Markets [10405 - 10409] ( Article 7.6 added by Stats. 1989, Ch. 1226, Sec. 3. )

    Verify source ↗

    Procuring agencies must keep reviewing and revising oil-purchase procedures to avoid excluding recycled oils or requiring virgin materials; local agencies may still buy virgin oil for vehicles whose warranties forbid recycled oil.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 7.6. Recycled Oil Markets [10405 - 10409] ( Article 7.6 added by Stats. 1989, Ch. 1226, Sec. 3. ) ## 10406. Every procuring agency shall continuously review and revise its procedures and specifications for the purchase of lubricating oil and industrial oil to eliminate any exclusion of recycled oils and any requirement that oils be manufactured from virgin materials. This section does not prohibit a local agency from purchasing virgin oil products for exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled oil. (Amended by Stats. 2002, Ch. 408, Sec. 1. Effective January 1, 2003.)
  80. 10407.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 7.6. Recycled Oil Markets [10405 - 10409] ( Article 7.6 added by Stats. 1989, Ch. 1226, Sec. 3. )

    Verify source ↗

    Procuring agencies must buy lubricating oil and industrial oil from the seller with the higher recycled-oil content, unless they certify a listed exception.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 7.6. Recycled Oil Markets [10405 - 10409] ( Article 7.6 added by Stats. 1989, Ch. 1226, Sec. 3. ) ## 10407. Every procuring agency shall require that purchases of lubricating oil and industrial oil be made from the seller whose oil product contains the greater percentage of recycled oil, unless the procuring agency certifies that a specific oil product containing recycled oil is any of the following: (1) Not reasonably available within a reasonable period of time. (2) Unable to meet the reasonable performance standards of the procuring agency, including any warranty requirement. (3) Available only at a cost greater than the cost of available virgin oil products. (Added by Stats. 1989, Ch. 1226, Sec. 3.)
  81. 10408.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 7.6. Recycled Oil Markets [10405 - 10409] ( Article 7.6 added by Stats. 1989, Ch. 1226, Sec. 3. )

    Verify source ↗

    Every procuring agency must maintain a program to buy oils with the highest recycled oil content.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 7.6. Recycled Oil Markets [10405 - 10409] ( Article 7.6 added by Stats. 1989, Ch. 1226, Sec. 3. ) ## 10408. (a) Every procuring agency shall establish and maintain an affirmative program for procuring oils containing the maximum content of recycled oil. (b) An affirmative program shall include, but not be limited to, all of the following: (1) The placement of descriptions of the preference for recycled oil products in publications used to solicit bids from suppliers. (2) Description of the recycled oil procurement program at bidders’ conferences. (3) Discussion of the preference program in lubricating oil and industrial oil procurement solicitations or invitations to bid. (4) Efforts to inform industry trade associations about the preference program. (Added by Stats. 1989, Ch. 1226, Sec. 3.)
  82. 10409.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 7.6. Recycled Oil Markets [10405 - 10409] ( Article 7.6 added by Stats. 1989, Ch. 1226, Sec. 3. )

    Verify source ↗

    Local agencies must buy lubricating or industrial oil with the higher recycled-oil content when it is otherwise equal or better in availability, fitness, quality, and price, subject to a warranty-based exception.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 7.6. Recycled Oil Markets [10405 - 10409] ( Article 7.6 added by Stats. 1989, Ch. 1226, Sec. 3. ) ## 10409. Every local agency, as defined in Section 17518 of the Government Code, shall purchase lubricating oil and industrial oil from the seller whose oil product contains the greater percentage of recycled oil, if the availability, fitness, quality, and price of the recycled oil product is otherwise equal to, or better than, virgin oil products. This section shall not prohibit a local agency from purchasing virgin oil products for exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled oil. (Amended by Stats. 1992, Ch. 1101, Sec. 2. Effective September 29, 1992.)
  83. 10410.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 8. Conflict of Interest [10410 - 10413] ( Article 8 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    State civil service officers, employees, and appointed state officials must not take certain paid or financially interested outside work tied to state contracts, and state civil service officers and employees must not contract with a state agency as independent contractors for services or goods.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 8. Conflict of Interest [10410 - 10413] ( Article 8 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10410. No officer or employee in the state civil service or other appointed state official shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or in which the officer or employee has a financial interest and which is sponsored or funded, or sponsored and funded, by any state agency or department through or by a state contract unless the employment, activity, or enterprise is required as a condition of the officer’s or employee’s regular state employment. No officer or employee in the state civil service shall contract on his or her own individual behalf as an independent contractor with any state agency to provide services or goods. (Amended by Stats. 1984, Ch. 154, Sec. 12.)
  84. 10411.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 8. Conflict of Interest [10410 - 10413] ( Article 8 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    Certain former state employees are barred from contracting with the state for a limited period after leaving service.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 8. Conflict of Interest [10410 - 10413] ( Article 8 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10411. (a) No retired, dismissed, separated, or formerly employed person of any state agency or department employed under the state civil service or otherwise appointed to serve in state government may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by any state agency or department. The prohibition of this subdivision shall apply to a person only during the two-year period beginning on the date the person left state employment. (b) For a period of 12 months following the date of his or her retirement, dismissal, or separation from state service, no person employed under state civil service or otherwise appointed to serve in state government may enter into a contract with any state agency, if he or she was employed by that state agency in a policymaking position in the same general subject area as the proposed contract within the 12-month period prior to his or her retirement, dismissal, or separation. The prohibition of this subdivision shall not apply to a contract requiring the person’s services as an expert witness in a civil case or to a contract for the continuation of an attorney’s services on a matter with which he or she was involved prior to leaving state service. (Amended by Stats. 2005, Ch. 22, Sec. 156. Effective January 1, 2006.)
  85. 10412.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 8. Conflict of Interest [10410 - 10413] ( Article 8 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    Contractors on qualifying state contracts must be assigned an identification number by the department and must put that number on each state contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 8. Conflict of Interest [10410 - 10413] ( Article 8 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10412. Each contractor who enters into a state contract with the state for ten thousand dollars ($10,000) or more, shall be assigned an identification number by the department. Each contractor who has been assigned a number, shall list it on each contract he or she enters into with the state, regardless of the amount of the contract. In the case of a corporation or firm, the president’s assigned number shall be used exclusively on each contract. The assigned number shall remain unchanged regardless of future name changes. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  86. 10413.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 8. Conflict of Interest [10410 - 10413] ( Article 8 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    Some district agricultural association employees and state officers may, with board approval, receive compensation or hold a financial interest for contracting or employment with another district agricultural association.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 8. Conflict of Interest [10410 - 10413] ( Article 8 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10413. Notwithstanding Section 10410, an employee or state officer, not including a member of the board of directors, of a district agricultural association formed pursuant to Part 3 (commencing with Section 3801) of Division 3 of the Food and Agricultural Code, subject to the approval of the board of directors of that association, may receive compensation or have a financial interest as described in Section 10410 for purposes of contracting or employment with another district agricultural association. Nothing in this section shall preclude the applicability of Sections 1090, 18000, and 19990 of the Government Code to officers and employees of a district agricultural association. (Added by Stats. 2018, Ch. 215, Sec. 1. (AB 2396) Effective January 1, 2019.)
  87. 10420.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    A contract or other transaction made in violation of this chapter is void, unless the violation is only technical or nonsubstantive.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10420. Every contract or other transaction entered in violation of any provision of this chapter is void, unless the violation is technical or nonsubstantive. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  88. 10421.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    The state, or someone acting for the state, may sue in Superior Court over a contract or transaction that violates this chapter.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10421. The state, or any person acting on behalf of the state, may bring a civil action seeking a determination by the Superior Court that a contract or other transaction has been entered in violation of any provision of this chapter. If the court finds substantial evidence of such a violation, it may issue a temporary injunction to prevent any further dealings upon the contract or other transaction, pending a final determination on the merits of the case. If the action results in a final determination that the contract or other transaction has been entered in violation of this chapter, it shall be void, and the state or person bringing the action shall be awarded costs and attorney’s fees. This section shall not be construed to permit an award of costs and attorney fees to the person or entity contracting or otherwise transacting with the state. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  89. 10422.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    An officer or employee of the department commits a felony if they corruptly perform an official act under this chapter that injures the state.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10422. Any officer or employee of the department who corruptly performs any official act under this chapter to the injury of the state is guilty of a felony. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  90. 10423.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    A person contracting with the state by oral or written contract must not corruptly allow a violation of a contract under this chapter, or they commit a felony.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10423. Any person contracting with the state by oral or written contract who corruptly permits the violation of any contract made under this chapter is guilty of a felony. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  91. 10424.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    People convicted under Section 10422 or 10423 must pay the state double the amount the state lost or may lose because of the crimes in this article.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10424. Persons convicted under Section 10422 or 10423 are also liable to the state for double the amount the state may have lost, or be liable to lose by reason of the acts made crimes by this article. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  92. 10425.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    Willful violation of any other provision of this chapter is a misdemeanor.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10425. Willful violation of any other provision of this chapter shall constitute a misdemeanor. (Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
  93. 10426.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    A person must not intentionally disclose proprietary information from certain state contracts when the person knew or should have known the disclosure could cause harm.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 9. Remedies and Penalties [10420 - 10426] ( Article 9 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10426. (a) It shall be unlawful for a person to intentionally disclose proprietary information obtained in the negotiation, execution, or performance of a consulting services contract, as defined in Section 10335.5, or an information technology contract, as defined in Section 11702 of the Government Code, with a state agency when the contracting party knew or should have known that the disclosure was likely to cause harm. (b) A violation of this section shall be punishable as a misdemeanor and may be prosecuted by the Attorney General or by a local district attorney in the district in which the disclosure took place. (c) (1) For the purposes of this section “proprietary information” shall include any information agreed by the contracting parties to be proprietary or any information that is designated by a contracting state agency to be proprietary. A contracting state agency shall specifically identify in the contract any information that is considered to be proprietary. The state agency shall make this designation only in cases where the state agency has reason to believe that the release of this information poses an immediate threat to the health, safety, or welfare of the public or the state agency has reason to believe that the contracting party intends to sell the information. If the state agency makes a designation of proprietary information subsequent to the execution of the contract, the state agency shall make a good faith effort to amend the contract to incorporate the subsequent designation of proprietary information. A contracting state agency shall provide written notification to a contracting party of any information that, subsequent to the execution of the contract, is identified to be proprietary. A contracting party is not in violation of this section if that party discloses information prior to the receipt of the written notification. (2) Any information that is required to be released or disclosed by a contracting party pursuant to a legal requirement, including an order of a court or regulatory agency, shall not be considered a violation of this section. (Added by Stats. 2002, Ch. 1097, Sec. 1. Effective January 1, 2003.)
  94. 10430.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 10. Exemptions [10430- 10430.] ( Article 10 added by Stats. 1983, Ch. 1231, Sec. 4. )

    Verify source ↗

    This section lists categories and transactions that are exempt from this chapter, and it sets a few related reporting, approval, and employee-separation rules.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 10. Exemptions [10430- 10430.] ( Article 10 added by Stats. 1983, Ch. 1231, Sec. 4. ) ## 10430. This chapter does not apply to any of the following: (a) The Regents of the University of California and the Trustees of the California State University, except that Article 9 (commencing with Section 10420) shall apply to the Trustees of the California State University. (b) (1) Transactions covered under Chapter 3 (commencing with Section 12100), except that Sections 10295.3, 10295.35, 10295.4, 10296, 10365.5, 10410, 10411, and Article 13 (commencing with Section 10475) shall apply to all transactions under that chapter. (2) Notwithstanding paragraph (1), Section 10365.5 shall not apply to incidental advice or suggestions made outside of the scope of a consulting services contract. (3) (A) Notwithstanding paragraph (1), Section 10365.5 shall not apply to a contract that is part of a single competitive procurement conducted in more than one stage for information technology goods or services, when the Director of the Department of General Services and the Director of Technology determine that there is no conflict of interest under Section 10365.5 and that it is in the best interest of the state to utilize this procurement method. Nothing in this section shall preclude the applicability of Section 12112 to this procurement method. (B) The Department of General Services shall annually submit a report on its Internet Web site describing each determination granted pursuant to subparagraph (A), listing the basis for the determination, and disclosing the total amount of money paid or to be paid to the contractor under the contract that was the subject of the determination. The department shall provide notice to the Joint Legislative Budget Committee within 30 days of the posting of the report. (C) For purposes of this paragraph, “information technology” means information technology goods or services, or both, as appropriate. (c) Except as otherwise provided in this chapter, any entity exempted from Section 10295. However, the Board of Governors of the California Community Colleges shall be governed by this chapter, except as provided in Sections 10295, 10335, and 10389. The Department of Water Resources shall be governed by this chapter, except as provided in Sections 10295.6, 10304.1, 10335, and 10340. (d) Transactions covered under Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (e) Except as provided for in subdivision (c), members of boards or commissions who receive no payment other than payment for each meeting of the board or commission, payment for preparatory time, and payment for per diem. (f) The emergency purchase of protective vests for correctional peace officers whose duties require routine contact with state prison inmates. This subdivision shall remain operative only until January 1, 1987. (g) Spouses of state officers or employees and individuals and entities that employ spouses of state officers and employees, that are vendored to provide services to regional center clients pursuant to Section 4648 of the Welfare and Institutions Code if the vendor of services, in that capacity, does not receive any material financial benefit, distinguishable from the benefit to the public generally, from any governmental decision made by the state officer or employee. (h) Subject to the approval of the Director of Developmental Services, or his or her designee, a state employee of the department who is qualified to provide necessary services for regional center consumers and has entered into a contract with a regional center for the purpose of developing regional center services. The state employee shall terminate employment with any state agency or department before providing services funded by the state, as specified in Section 10410, to one or more regional center consumers. A contract entered into by a regional center and a state employee, in his or her capacity as a private citizen, to develop regional center services does not constitute a state contract within the meaning of Section 1090 of the Government Code. Accordingly, the state employee has no financial interest in a state contract under these circumstances. (Amended by Stats. 2018, Ch. 220, Sec. 1. (AB 2764) Effective January 1, 2019.)
  95. 10470.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 12. Minority Business Participation [10470 - 10474] ( Article 12 added by Stats. 1987, Ch. 1450, Sec. 8.5. )

    Verify source ↗

    This section defines key terms for minority business participation in state contracting and says awarding departments and contractors must make efforts to achieve the stated goal.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 12. Minority Business Participation [10470 - 10474] ( Article 12 added by Stats. 1987, Ch. 1450, Sec. 8.5. ) ## 10470. As used in this article, the following definitions shall apply: (a) “Awarding department” means any state agency, department, governmental entity, or other officer of an entity empowered by law to enter into contracts on behalf of the State of California. (b) “Contract” includes any agreement or joint development agreement to provide labor, services, materials, supplies, or equipment in the performance of a contract, franchise, concession, or lease granted, let, or awarded for and on behalf of the State of California. (c) “Contractor” means any person or persons, firm, partnership, corporation, or combination thereof which submits a bid and enters into a contract with a representative of a state agency, department, governmental entity, or other officer empowered by law to enter into contracts on behalf of the State of California. (d) “Goal” means a numerically expressed objective which awarding departments and contractors are required to make efforts to achieve. (e) “Minority business enterprise” means a business concern which is all of the following: (1) At least 51 percent owned by one or more minorities, or in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities. (2) Managed by, and the daily business operations are controlled by, one or more minorities. (3) A domestic corporation with its home office located in the United States. (f) “Women business enterprise” means a business concern which is all of the following: (1) At least 51 percent owned by a woman or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more women. (2) Managed by, and the daily business operations are controlled by, one or more women. (3) A domestic corporation with its home office located in the United States. (Added by Stats. 1987, Ch. 1450, Sec. 8.5.)
  96. 10471.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 12. Minority Business Participation [10470 - 10474] ( Article 12 added by Stats. 1987, Ch. 1450, Sec. 8.5. )

    Verify source ↗

    Certain state agency contracts must include statewide participation goals for minority and women business enterprises.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 12. Minority Business Participation [10470 - 10474] ( Article 12 added by Stats. 1987, Ch. 1450, Sec. 8.5. ) ## 10471. Notwithstanding any other provision of law, all contracts awarded pursuant to Section 2910 of the Penal Code or Section 1753.3 of the Welfare and Institutions Code by any state agency, department, officer, or governmental entity for construction, professional services, materials, supplies, equipment, alteration, repair, or improvement shall have statewide participation goals of not less than 15 percent for minority business enterprises, and not less than 5 percent for women business enterprises. These goals are also applicable to the overall dollar amount expended each year by the awarding department designated for those purposes. (Added by Stats. 1987, Ch. 1450, Sec. 8.5.)
  97. 10472.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 12. Minority Business Participation [10470 - 10474] ( Article 12 added by Stats. 1987, Ch. 1450, Sec. 8.5. )

    Verify source ↗

    When awarding contracts to the lowest responsible bidder, the awarding department must consider bidder responsiveness to minority business enterprise and women business enterprise goals.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 12. Minority Business Participation [10470 - 10474] ( Article 12 added by Stats. 1987, Ch. 1450, Sec. 8.5. ) ## 10472. In awarding contracts to the lowest responsible bidder, the awarding department shall consider the responsiveness of a bidder to minority business enterprise and women business enterprise goals set forth in Section 10471. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 19, Sec. 4. Effective July 28, 2009.)
  98. 10473.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 12. Minority Business Participation [10470 - 10474] ( Article 12 added by Stats. 1987, Ch. 1450, Sec. 8.5. )

    Verify source ↗

    Each awarding department must set up compliance monitoring and adopt implementing rules for this article, and it must use existing public resources when carrying out those requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 12. Minority Business Participation [10470 - 10474] ( Article 12 added by Stats. 1987, Ch. 1450, Sec. 8.5. ) ## 10473. (a) Each awarding department shall establish a method for monitoring compliance with the minority business enterprise and women business enterprise goals required in this article. (b) Each awarding department shall adopt rules and regulations for purposes of implementing this article. Emergency regulations consistent with the requirements of this article may be adopted without the review and approval of the Office of Administrative Law if they are adopted within 90 days of the effective date of this article. (c) In implementing the requirements of this article, the awarding department shall utilize existing resources such as the Office of Small and Minority Business, the Minority Business Development Agency, and the federal Small Business Administration. (Added by Stats. 1987, Ch. 1450, Sec. 8.5.)
  99. 10474.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 12. Minority Business Participation [10470 - 10474] ( Article 12 added by Stats. 1987, Ch. 1450, Sec. 8.5. )

    Verify source ↗

    Each awarding department must file an annual report on minority or women business enterprise participation, starting January 1, 1989.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 12. Minority Business Participation [10470 - 10474] ( Article 12 added by Stats. 1987, Ch. 1450, Sec. 8.5. ) ## 10474. Commencing on January 1, 1989, and on January 1st of each year thereafter, each awarding department shall submit a report to the Legislature and the Governor on the level of participation by minority or women business enterprises in contracts identified in this article. If the established goals are not being met, the awarding department shall report the reasons for its inability to achieve these goals and shall identify remedial steps to be undertaken. (Added by Stats. 1987, Ch. 1450, Sec. 8.5.)
  100. 10475.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. )

    Verify source ↗

    This section states legislative findings about genocide and suffering in Darfur, existing U.S. sanctions on Sudan, and the federal and state divestment and contracting policies related to companies operating in Sudan.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. ) ## 10475. The Legislature hereby finds and declares all of the following: (a) On September 21, 2004, in addressing the United Nations General Assembly, President George W. Bush affirmed the Secretary of State’s finding and stated, “At this hour, the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide.” (b) The federal government has imposed sanctions against the Government of Sudan since 1997. These sanctions are monitored through the United States Treasury Department’s Office of Foreign Assets Control (OFAC). (c) Since 1993, the United States Secretary of State has determined Sudan is a country whose government has repeatedly provided support for acts of international terrorism, thereby restricting United States assistance, defense exports and sales, and financial and other transactions with the Government of Sudan. (d) On December 31, 2007, President George W. Bush signed the Sudan Accountability and Divestment Act (Public Law 110-174). The legislation passed the Senate and the House of Representatives unanimously. That act authorizes state and local governments to adopt policies to divest from, and prohibit, contracts with problematic companies operating in Sudan’s oil, power, mineral, and military sectors. That act also prohibits the federal government from contracting with these companies. (e) On September 25, 2006, Governor Arnold Schwarzenegger stated, “Divesting will show our defiance of a government that murders” when signing Assembly Bill 2941 into law enabling the nation’s two largest pension funds to divest from investments in Sudan. (Added by Stats. 2008, Ch. 272, Sec. 1. Effective January 1, 2009. Note: Section 10480 suggests conditions for future repeal action.)
  101. 10476.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. )

    Verify source ↗

    This section defines “scrutinized company” for this article and lists several exclusions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. ) ## 10476. As used in this article, the following definition applies: “Scrutinized company” means a company in Sudan that is involved in power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, but excludes a company that can demonstrate any of the following: (a) Its business operations are conducted under contract directly and exclusively with the regional government of southern Sudan. (b) Its business operations are conducted under a license from the Office of Foreign Assets Control, or are expressly exempted under federal law from the requirement to be conducted under such a license. (c) Its business operations consist of providing goods or services to marginalized populations of Sudan. (d) Its business operations exclusively consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization. (e) Its business operations consist of providing goods or services that are used only to promote health or education. (f) Its business operations with the Government of Sudan will be voluntarily suspended for the entire duration of the contract for goods or services for which they have bid on, or submitted a proposal for, a contract with a state agency. (g) It has adopted, publicized, and is implementing a formal plan to cease business operations within one year and to refrain from conducting any new business operations. (Added by Stats. 2008, Ch. 272, Sec. 1. Effective January 1, 2009. Note: Section 10480 suggests conditions for future repeal action.)
  102. 10477.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. )

    Verify source ↗

    Scrutinized companies may not bid on or submit proposals for state agency goods or services contracts, unless the Director of General Services grants a case-by-case permit.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. ) ## 10477. (a) A scrutinized company is ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services. (b) (1) Notwithstanding subdivision (a), the Director of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state to permit the scrutinized company to bid on or submit a proposal for one or more contracts with a state agency for goods or services. (2) In making this determination, the Director of General Services may utilize the following resources: (A) Verification by an independent third party or nonprofit organization that a company is doing either of the following: (i) Undertaking significant humanitarian efforts in conjunction with an international organization, the Government of Sudan, the regional government of southern Sudan, or a nonprofit organization to benefit one or more marginalized populations of Sudan. The party or organization providing the verification or an independent third party must evaluate and certify that the significant humanitarian efforts are substantial in relation to the company’s Sudan business operations. (ii) Through engagement with the Government of Sudan, materially improving conditions for the genocidally victimized population in Darfur. (B) Consideration of a National Interest Waiver issued by the President of the United States excluding a company from the federal contract prohibitions provisions of the Sudan Accountability and Divestment Act (Public Law 110-174). (Added by Stats. 2008, Ch. 272, Sec. 1. Effective January 1, 2009. Note: Section 10480 suggests conditions for future repeal action.)
  103. 10478.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. )

    Verify source ↗

    A state agency must require certain bidders or proposers to certify that they are not a scrutinized company, except where permission under Section 10477(b) has been obtained.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. ) ## 10478. (a) A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or services, that currently or within the previous three years has had business activities or other operations outside of the United States, to certify that the company is not a scrutinized company. (b) A state agency shall not require a company that submits a bid or proposal with respect to a contract for goods or services, and that currently or within the previous three years has had business activities or other operations outside of the United States, to certify that the company is not a scrutinized company, if the company has obtained permission to bid on or submit a proposal for a contract with a state agency for goods or services pursuant to subdivision (b) of Section 10477. (Added by Stats. 2008, Ch. 272, Sec. 1. Effective January 1, 2009. Note: Section 10480 suggests conditions for future repeal action.)
  104. 10479.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. )

    Verify source ↗

    If a company is found to have made a false certification under Section 10478, it can face a civil penalty, contract termination, a bid ban of at least three years, and liability for costs and fees.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. ) ## 10479. (a) If the Department of General Services determines that a company has submitted a false certification under Section 10478, the company shall be subject to all of the following: (1) The company is liable for a civil penalty in an amount that is equal to the greater of two hundred fifty thousand dollars ($250,000) or twice the amount of the contract for which a bid or proposal was submitted. (2) The state agency or the Department of General Services may terminate the contract with the company. (3) The company is ineligible to, and shall not, bid on a state contract for a period of not less than three years from the date the state agency determines that the company submitted the false certification. (b) The Department of General Services shall report to the Attorney General the name of the company that the Department of General Services determined had submitted a false certification under Section 10478, together with its information as to the false certification, and the Attorney General shall determine whether to bring a civil action against the company. The company shall pay all costs and fees the plaintiff incurred in a civil action, including costs incurred by the state agency and the Department of General Services for investigations that led to the finding of the false certification and all costs and fees incurred by the Attorney General. (Added by Stats. 2008, Ch. 272, Sec. 1. Effective January 1, 2009. Note: Section 10480 suggests conditions for future repeal action.)
  105. 10480.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. )

    Verify source ↗

    This section says the act will be repealed if the Legislature takes affirmative action.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. ) ## 10480. This act shall be repealed upon affirmative action of the Legislature. Provided, that in determining whether to repeal this act, by way of suggestion and guidance only and without binding or in any way inhibiting the discretion of future sessions of the Legislature, it is submitted that the occurrence of any of the following should be construed and deemed to be a basis for repealing this act: (a) The Congress or President of the United States declares the Darfur genocide has been halted for at least 12 months. (b) The United States revokes all sanctions imposed against the Government of Sudan. (c) The President of the United States has certified to Congress that the Government of Sudan has honored its commitments to do all of the following: (1) Abide by United Nations Security Council Resolution 1769 (2007). (2) Cease attacks on civilians. (3) Demobilize and demilitarize the Janjaweed and associated militias. (4) Grant free and unfettered access for delivery of humanitarian assistance. (5) Allow for the safe and voluntary return of refugees and internally displaced persons. (d) The Congress or President of the United States, through legislation or executive order, declares the contract prohibition of the type provided for in this act interferes with the conduct of United States foreign policy. (e) Such other circumstances as the Legislature determines to warrant the discontinuance of the provisions of this article. (Added by Stats. 2008, Ch. 272, Sec. 1. Effective January 1, 2009. Note: This section suggests conditions for future action repealing Article 13, commencing with Section 10475.)
  106. 10481.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. )

    Verify source ↗

    If part of this act is invalid or unenforceable, the rest still applies.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. ) ## 10481. (a) If any one or more provision, section, subsection, sentence, clause, phrase, or word of this act or the application thereof to any person or circumstance is found to be invalid, illegal, unenforceable, or unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective and functional notwithstanding such invalidity, illegality, unenforceability, or unconstitutionality. (b) The Legislature hereby declares it would have passed this act, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared invalid, illegal, unenforceable, or unconstitutional. (Added by Stats. 2008, Ch. 272, Sec. 1. Effective January 1, 2009. Note: Section 10480 suggests conditions for future repeal action.)
  107. 10490.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. )

    Verify source ↗

    A scrutinized company may not bid on or submit a proposal for certain state agency contracts, and the Department of General Services must set implementation policies and procedures.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2. State Acquisition of Goods and Services [10290 - 10490] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4. ) ## ARTICLE 13. Darfur Contracting Act of 2008 [10475 - 10490] ( Article 13 added by Stats. 2008, Ch. 272, Sec. 1. ) ## 10490. (a) A scrutinized company is ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services related to products or services that are the reason the company must comply with Section 13(p) of the federal Securities Exchange Act of 1934. (b) For purposes of this section, a “scrutinized company” is a person that has been found to be in violation of Section 13(p) of the federal Securities Exchange Act of 1934 by final judgment or settlement entered in a civil or administrative action brought by the United States Securities and Exchange Commission and the person has not remedied or cured the violation in a manner accepted by the commission on or before final judgment or settlement. (c) A person shall cease to be regarded as a scrutinized company when the person is no longer deemed to be in violation of Section 13(p) of the federal Securities Exchange Act of 1934, or upon filing by such person of an amended or corrective filing under Section 13(p) of the federal Securities Exchange Act of 1934, which filing corrects the violations described in subdivision (b), or after three years from the date of final judgment or settlement, whichever is earlier. (d) The Department of General Services shall establish in the State Administrative Manual or the State Contracting Manual policies and procedures for all state agencies, departments, boards, and commissions to implement the contract prohibition of this section. (e) For purposes of this section, “goods or services” includes goods and services subject to this chapter (commencing with Section 10290), information technology goods and services subject to Chapter 3 (commencing with Section 12100), and telecommunication goods and services subject to Chapter 3.5 (commencing with Section 12120). (Amended by Stats. 2012, Ch. 162, Sec. 141. (SB 1171) Effective January 1, 2013. Stats. 2011, Ch. 715, Sec. 2, which added this section, becomes inoperative on the date prescribed by Sec. 3 of Ch. 715.)
  108. 10500.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. )

    Verify source ↗

    This section defines “project” for this article as certain University of California construction-related work costing more than $50,000.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10500. As used in this article, “project” includes the erection, construction, alteration, repair, or improvement of any University of California structure, building, road, or other improvement that will exceed in cost, including labor and materials, a total of fifty thousand dollars ($50,000). (Amended by Stats. 1997, Ch. 563, Sec. 1. Effective January 1, 1998.)
  109. 10500.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. )

    Verify source ↗

    The provision states legislative intent to increase small business participation in University of California contracting and to have the Regents adopt related policies, procedures, reports, outreach, directories, and monitoring measures.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10500.5. It is the intent of the Legislature to facilitate the participation of small businesses, particularly small disadvantaged or minority business enterprises, women business enterprises, and disabled veteran business enterprises, in business contracting with the University of California. The Legislature intends that the Regents of the University of California adopt policies and procedures to ensure that a fair proportion of university contracts be placed with small business enterprises, particularly small disadvantaged, women, and disabled veteran business enterprises, in areas of commodity purchases, services, and construction contracts. It is further the intent of the Legislature that the regents adopt, by January 1, 1985, with respect to small business enterprises, particularly small disadvantaged and women business enterprises, and by January 1, 1992, with respect to disabled veteran business enterprises, policies and procedures that include, but are not limited to, all of the following: (a) Annual targets for utilization of small businesses, particularly disadvantaged business enterprises, women business enterprises, and disabled veteran business enterprises, including subcontracts for construction. (b) Annual statistical reports on the participation of small businesses, particularly disadvantaged business enterprises, women business enterprises, and disabled veteran business enterprises, as general contractors and subcontractors in each project. (c) Outreach programs. (d) Directories of disadvantaged business enterprises, women business enterprises, and disabled veteran business enterprises. (e) Monitoring by the regents of progress with respect to the utilization of disadvantaged business enterprises, women business enterprises, and disabled veteran business enterprises. It is also the intent of the Legislature that the Regents of the University of California report annually to the Legislature, on or before each July 1, on the participation of small disadvantaged business enterprises, women business enterprises, and disabled veteran business enterprises in university business contracting. (Amended by Stats. 1990, Ch. 516, Sec. 2.)
  110. 10501.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. )

    Verify source ↗

    The Regents of the University of California must award a project contract to the lowest responsible bidder or reject all bids, except where this article allows a different award process.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10501. Except as otherwise provided in this article, the Regents of the University of California shall let any contract for a project to the lowest responsible bidder or else reject all bids. However, if one or more of the bids is substantially equal to the lowest bid, and at least one of those bidders is a disadvantaged business enterprise, a women business enterprise, or a disabled veteran business enterprise, the regents may award the contract in accordance with the policies and procedures adopted pursuant to Section 10500.5. If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for a project to execute a tendered contract, award it to the second lowest responsible bidder. If the second lowest bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder. (Amended by Stats. 1990, Ch. 516, Sec. 3.)
  111. 10502.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. )

    Verify source ↗

    The Regents of the University of California must give bidders public notice of a project by publishing it twice before bids are received.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10502. The Regents of the University of California shall give public notice of a project to bidders by publication twice within the 60-day period preceding the day set for the receiving of bids as follows: (a) Either in one newspaper of general circulation published in the county in which the major portion of the project is located and in one such trade paper circulated in the county in which the major portion of the work is to be done or electronically on the Internet Web site of the university. (b) The notices shall state the time and place for the receiving and opening of sealed bids, describe in general terms the work to be done, and describe the bidding mode by which the lowest responsible bidder will be selected. (Amended by Stats. 2014, Ch. 687, Sec. 12. (SB 876) Effective September 27, 2014.)
  112. 10503.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. )

    Verify source ↗

    Before signing a project contract, the Regents of the University of California must have estimates prepared and use one of several specified sets of bidding or planning documents.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10503. Before entering into any contract for a project, the Regents of the University of California shall cause to be prepared estimates and either: (a) Complete plans and specifications setting forth such directions as will enable a competent mechanic or other builder to carry them out. (b) Documents for the solicitation of bids on a design-and-build basis, including: (1) a program setting forth the scope of the project, the size, type, and desired design character of the buildings and the site, (2) a set of performance specifications covering the quality of materials, equipment, and workmanship, (3) a maximum acceptance cost, and (4) a method and grading system for evaluating contractor proposals on the basis of a preliminary design, outline specifications, a price, and the financial condition and relevant experience of the contractor and the contractor’s architect. (c) Documents for the solicitation of bids for construction manager mode of contracting including prequalification standards, schematic plans, and outline specifications indicating the general scope of the project and the designation of those fees and other fixed commitments upon which prequalified contractors will be invited to submit competitive bids which will serve as the basis for selection. (d) Documents for the solicitation of bids on a cost-plus fee mode of contracting, including prequalification standards, outline specifications, and schematic drawings generally describing the scope of the work, a definition of reimbursable and nonreimbursable costs, and the designation of fees and other fixed costs upon which prequalified contractors will be invited to submit quotations which will provide the basis for selection. (e) Documents for the solicitation of bids under such other contracting mode as the regents determine to be in the best interest of the university, provided that such proposals be compared on a uniform basis and that award be made as determined by the published selection standards. (Added by Stats. 1984, Ch. 1128, Sec. 3.)
  113. 10504.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. )

    Verify source ↗

    Most University of California project work must be done under contract awarded under Section 10501, unless emergency conditions allow other methods.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10504. Except as otherwise provided in Section 10504.5 or 10506, work on all projects shall be performed under contract awarded in accordance with Section 10501, except that it may be done on a time and materials basis, by contract upon informal bids, by University of California employees, by day labor under the direction of the regents, or by a combination thereof, in case of emergency due to an act of God, earthquake, flood, storm, fire, landslide, public disturbance, vandalism, or failure that causes damage to a university-owned building or structure, university-owned real property, or any improvements thereon, when that work or those remedial measures are required immediately and are necessary to protect the public health, safety, and welfare. (Amended by Stats. 1997, Ch. 563, Sec. 2. Effective January 1, 1998.)
  114. 10504.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. )

    Verify source ↗

    For certain University of California projects, the Regents must solicit written bids and award the work to the lowest responsible bidder or reject all bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10504.5. (a) Where the nature of the work, in the opinion of the Regents of the University of California, is such that the application of all of the provisions of this chapter in connection with that work is not required, and the cost of the project does not exceed six hundred forty thousand dollars ($640,000), the regents shall solicit bids in writing and shall award the work to the lowest responsible bidder or reject all bids. (b) (1) The Regents of the University of California shall establish a procedure to qualify and rate a bidder for work to be awarded pursuant to subdivision (a) when the cost of the project exceeds three hundred thousand dollars ($300,000) but does not exceed six hundred forty thousand dollars ($640,000). (2) The procedures shall require a bidder to complete and submit a qualification questionnaire. The qualification questionnaire shall cover, at a minimum, the issues covered by the Model Pre-qualification Questionnaire developed in 1999 by the Department of Industrial Relations pursuant to subdivision (a) of Section 20101. The procedures shall also require a bidder to complete and submit a financial statement, unless the bidder is a contractor who has qualified as a Small Business Administration entity pursuant to paragraph (1) of subdivision (d) of Section 14837 of the Government Code. A bidder who is required to complete and submit a qualification questionnaire shall include the general contractor and, if utilized, the electrical, mechanical, and plumbing subcontractor, except that the nonqualification of a subcontractor shall not disqualify an otherwise qualified contractor. (3) Each campus or facility shall adopt and apply a uniform system of rating a bidder on the basis of the completed qualification questionnaire and, if available, financial statements to determine the minimum requirements permitted for qualification to submit a bid. Each campus or facility may process qualification questionnaires and financial statements on a quarterly basis to qualify a prospective bidder for a period of one calendar year from the date of qualification. (4) Upon award to the lowest responsible bidder, each campus or facility shall publicly post on its Internet Web site a brief description of the project and the awarded amount along with the name of the contractor who is the lowest responsible bidder. (Amended by Stats. 2014, Ch. 364, Sec. 1. (SB 502) Effective January 1, 2015.)
  115. 10505.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. )

    Verify source ↗

    The Regents of the University of California may do projects with university employees instead of using a contract or bids if they decide that contracting or bids are not in the university’s best interests and the project fits one of the stated conditions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10505. (a) The Regents of the University of California may perform projects with university employees if the regents deem that the award of a contract, the acceptance of bids, or the acceptance of further bids is not in the best interests of the university, under either of the following circumstances: (1) The value of the project to be so performed shall not exceed fifty thousand dollars ($50,000). (2) The project is for the erection, construction, alteration, repair, or improvement of experimental, diagnostic, or specialized research equipment. (b) This section does not apply to the painting or repainting of a structure, building, road, or improvement of any kind if the value of the painting or repainting project exceeds twenty-five thousand dollars ($25,000). (Amended by Stats. 1997, Ch. 563, Sec. 4. Effective January 1, 1998.)
  116. 10506.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. )

    Verify source ↗

    Sections 10501, 10502, and 10503 do not apply to certain University of California projects and certain federally funded projects, including projects under Section 10505.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1. Construction [10500 - 10506] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10506. The requirements of Sections 10501, 10502, and 10503 shall not be applicable to (1) any project of which the Regents of the University of California is only part owner, or (2) any project funded by a federal agency to the extent that requirements of Sections 10501, 10502, and 10503 are in conflict with mandatory requirements of such federal agency, or (3) projects performed pursuant to Section 10505. (Added by Stats. 1984, Ch. 1128, Sec. 3.)
  117. 10506.10.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. )

    Verify source ↗

    This section says the article does not change the Regents of the University of California’s existing bidding rules, except where the article says otherwise.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. ) ## 10506.10. Except as otherwise provided in this article, this article is not intended to change in any manner any guideline, criteria, procedure, or requirement of the Regents of the University of California to let any contract for a project to the lowest responsible bidder or else reject all bids. (Added by Stats. 2011, Ch. 636, Sec. 7. (SB 835) Effective January 1, 2012.)
  118. 10506.4.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. )

    Verify source ↗

    The Regents of the University of California must award covered contracts to the lowest responsible bidder or reject all bids, and must publish bidding procedures for best value selection.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. ) ## 10506.4. (a) This article provides the Best Value Construction Contracting Program for the Regents of the University of California for projects over one million dollars ($1,000,000). (b) The Regents of the University of California shall let any contract for a project pursuant to this article to the lowest responsible bidder or else reject all bids. (c) The lowest responsible bidder may be selected on the basis of the best value to the university, as defined in Section 10506.5. In order to implement this method of selection, the Regents of the University of California shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure that best value selections by the university are conducted in a fair and impartial manner. These procedures and guidelines shall conform to the requirements of Sections 10506.6 and 10506.7 and shall be mandatory for the university when using best value selection. (d) If one or more of the bids is substantially equal to the lowest bid, and at least one of those bidders is a disadvantaged business enterprise, a women business enterprise, or a disabled veteran business enterprise, the Regents of the University of California may award the contract in accordance with the policies and procedures adopted pursuant to Section 10500.5. (e) If the Regents of the University of California deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for a project to execute a tendered contract, award it to the second lowest responsible bidder. If the second lowest responsible bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder. (Amended by Stats. 2017, Ch. 850, Sec. 2. (AB 1424) Effective January 1, 2018.)
  119. 10506.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. )

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    This section defines terms used in the Best Value Construction Contracting Program, including “best value,” “best value contract,” “best value contractor,” and several bidder qualification terms.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. ) ## 10506.5. For purposes of this article, the following definitions apply: (a) “Best value” means a procurement process whereby the lowest responsible bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. (b) “Best value contract” means a contract entered into pursuant to the provisions of this article. (c) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract. (d) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. (e) “Financial condition” means the financial resources needed to perform the contract. The criteria used to evaluate a bidder’s financial condition shall include, at a minimum, capacity to obtain all required payment bonds, performance bonds, and liability insurance. (f) “Labor compliance” means the ability to comply with, and past performance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidder’s labor compliance shall include, as a minimum, the bidder’s ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with such requirements, and its past conformance with requirements to pay prevailing wages on public works projects. (g) “Project labor agreement” means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code. (h) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, if required by the bidding documents, some or all of the preceding qualifications as they pertain to subcontractors proposed to be used by the bidder for designated portions of the work. (i) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. (j) “Safety record” means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidder’s safety record shall include, as a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period. (k) “University” means all locations of the University of California. (Amended by Stats. 2017, Ch. 850, Sec. 3. (AB 1424) Effective January 1, 2018.)
  120. 10506.6.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. )

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    The university must follow specified steps when awarding best value contracts, including bidding notice, bidder prequalification, and limits on revealing bid information.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. ) ## 10506.6. The university shall proceed in accordance with the following when awarding best value contracts under this article. (a) The university shall prepare a solicitation for bids and give notice pursuant to Section 10502. (b) The university shall establish a procedure to prequalify bidders. The information required pursuant to this section shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. Information submitted by the bidder as part of the evaluation process shall not be open to public inspection to the extent that information is exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) (1) A best value contractor shall not be prequalified or short-listed unless the entity provides an enforceable commitment to the Regents of the University of California that the best value contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Sections 10506.8 and 10506.9. (2) This subdivision shall not apply if any of the following requirements are met: (A) The Regents of the University of California have entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement. (B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the Regents of the University of California prior to January 1, 2018. (C) The best value contractor has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (3) For purposes of this subdivision, “project labor agreement” has the same meaning as in subdivision (g) of Section 10506.5. (d) Each solicitation for bids shall do all of the following: (1) Invite prequalified bidders to submit sealed bids in the manner prescribed by this article. (2) Include a section identifying and describing the following: (A) Criteria that the university will consider in evaluating the qualifications of the bidders. (B) The methodology and rating or weighting system that will be used by the university in evaluating bids. (C) The relative importance or weight assigned to the criteria for evaluating the qualifications of bidders identified in the request for bids. (e) Final evaluation of the best value contractor shall be done in a manner that prevents cost or price information from being revealed to the committee evaluating the qualifications of the bidders prior to completion and announcement of that committee’s decision. (Amended by Stats. 2021, Ch. 615, Sec. 358. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  121. 10506.7.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. )

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    The university must evaluate bidders using only the solicitation criteria, score each bid, and award the contract to the bidder it determines in writing is the best value.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. ) ## 10506.7. Selection of the best value contractor shall be made as follows: (a) The university shall evaluate the qualifications of the bidders based solely upon the criteria set forth in the solicitation documents, and shall assign a qualifications score to each bid. (b) The award of the contract shall be made to the bidder whose bid is determined, by the university in writing, to be the best value to the university. To determine the best value contractor, the university shall divide each bidder’s price by its qualifications score. The lowest resulting cost per quality point will represent the best value bid. (c) The university shall issue a written decision of its contract award. (d) Upon issuance of a contract award, the university shall publicly announce its award identifying the best value contractor to which the award is made, the project, the project price, and the selected best value contractor’s score based on the qualifications criteria for evaluating the bidders listed in the request for bids. The notice of award shall be made public and include the score of the selected best value contractor in relation to all other responsive bidders and their respective prices. The contract file shall include documentation sufficient to support the decision to award. (Amended by Stats. 2011, Ch. 636, Sec. 4. (SB 835) Effective January 1, 2012.)
  122. 10506.8.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. )

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    This section defines key apprenticeship terms and sets apprenticeship-graduation percentage requirements for contractors and subcontractors on covered work.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. ) ## 10506.8. For purposes of this article: (a) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations has approved an apprenticeship program pursuant to Section 3075 of the Labor Code before January 1, 2014. (b) “Chief” means the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations. (c) “Graduate of an apprenticeship program” means either of the following: (1) An individual who has been issued a certificate of completion under the authority of the California Apprenticeship Council for completing an apprenticeship program approved by the chief pursuant to Section 3075 of the Labor Code. (2) An individual who has completed an apprenticeship program located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (d) “Skilled and trained workforce” means a workforce that meets all of the following requirements: (1) All of the workers performing work in an apprenticeable occupation in the building and construction trades are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the chief. (2) (A) For work performed on or after January 1, 2017, at least 30 percent of the skilled journeypersons employed to perform work in the contract or project by every contractor and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation. This requirement shall not apply to work performed in the occupation of teamster. (B) For work performed on or after January 1, 2018, at least 40 percent of the skilled journeypersons employed to perform work in the contract or project by every contractor and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation. This requirement shall not apply to work performed in the following occupations: acoustical installer, bricklayer, carpenter, cement mason, drywall installer or lather, marble mason, finisher, or setter, modular furniture or systems installer, operating engineer, pile driver, plasterer, roofer or waterproofer, stone mason, surveyor, teamster, terrazzo worker or finisher, and tile layer, setter, or finisher. (C) For work performed on or after January 1, 2019, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by every contractor and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation. This requirement shall not apply to work performed in the following occupations: acoustical installer, bricklayer, carpenter, cement mason, drywall installer or lather, marble mason, finisher, or setter, modular furniture or systems installer, operating engineer, pile driver, plasterer, roofer or waterproofer, stone mason, surveyor, teamster, terrazzo worker or finisher, and tile layer, setter, or finisher. (D) For work performed on or after January 1, 2020, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by every contractor and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation. This requirement shall not apply to work performed in the following occupations: acoustical installer, bricklayer, carpenter, cement mason, drywall installer or lather, marble mason, finisher, or setter, modular furniture or systems installer, operating engineer, pile driver, plasterer, roofer or waterproofer, stone mason, surveyor, teamster, terrazzo worker or finisher, and tile layer, setter, or finisher. (3) For an applicable occupation in which no apprenticeship program had been approved by the chief before January 1, 1995, up to one-half of the graduation percentage requirement of paragraph (2) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation before the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. (4) The apprenticeship graduation percentage requirements of paragraph (2) are satisfied if, in a calendar month, either of the following occurs: (A) At least the required percentage of the skilled journeypersons employed by the contractor or subcontractor to perform work on the contract or project meet the graduation percentage requirements. (B) For the hours of work performed by skilled journeypersons employed by the contractor or subcontractor on the contract or project, the percentage of hours performed by skilled journeypersons who meet the graduation requirement is at least equal to the required graduation percentage. (5) The contractor or subcontractor need not meet the apprenticeship graduation requirements of paragraph (2) if, during the calendar month, the contractor or subcontractor employs skilled journeypersons to perform fewer than 10 hours of work on the contract or project. (6) A subcontractor need not meet the apprenticeship requirements of paragraph (2) if both of the following requirements are met: (A) The subcontractor was not a listed subcontractor under Section 4104 or a substitute for a listed subcontractor. (B) The subcontract does not exceed one-half of 1 percent of the price of the prime contract. (e) “Skilled journeyperson” means a worker who either: (1) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (2) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. (Added by Stats. 2017, Ch. 850, Sec. 5. (AB 1424) Effective January 1, 2018.)
  123. 10506.9.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. )

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    Certain contractors, bidders, or other entities must sign an enforceable agreement with the university, comply with the article, and send monthly compliance reports; the university may withhold payments if reports are missing, incomplete, or show noncompliance.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 1.5. Best Value Construction Contracting Program [10506.4 - 10506.10] ( Heading of Article 1.5 amended by Stats. 2017, Ch. 850, Sec. 1. ) ## 10506.9. (a) If a contractor, bidder, or other entity is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the university that provides both of the following: (1) The contractor, bidder, or other entity, and its contractors and subcontractors at every tier, will comply with this article. (2) The contractor, bidder, or other entity shall provide to the university, on a monthly basis while the project contract is being performed, a report demonstrating compliance with this article. (b) If the contractor, bidder, or other entity fails to provide the monthly report required by this section, or provides a report that is incomplete, the university shall withhold further payments until a complete record is provided. (c) If a monthly report does not demonstrate compliance with this article, the university shall withhold further payments until the contractor, bidder, or other entity provides a plan to achieve substantial compliance with this article, with respect to the relevant apprenticeable occupation, prior to completion of the contract or project. (d) A monthly report provided to the university shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. (Amended by Stats. 2021, Ch. 615, Sec. 359. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  124. 10507.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. )

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    The University of California is to be encouraged to buy recycled paper products when suitable, and the regents must report yearly on recycled paper purchases.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10507.5. It is the intent of the Legislature to encourage the procurement of recycled paper products by the University of California by developing guidelines to encourage the procurement of recycled paper products where suitable for the uses intended and where the quality is equal and the price is equal or less than nonrecycled paper products. It is also the intent of the Legislature that the regents report annually to the Legislature, the Governor, and the California Integrated Waste Management Board commencing January 1, 1991, on the percentage of the total dollar amount of recycled paper products purchased or procured under this article. (Amended (as added by Stats. 1989, Ch. 1094) by Stats. 1990, Ch. 586, Sec. 3. Effective September 5, 1990.)
  125. 10507.7.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. )

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    For covered University of California contracts over $100,000 annually, the Regents must award to the lowest responsible bidder meeting specifications, or reject all bids, with limited fallback to the second or third lowest bidder in specified cases.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10507.7. Except as provided for in this article, the Regents of the University of California shall let all contracts involving an expenditure of more than one hundred thousand dollars ($100,000) annually for goods and materials to be sold to the University of California to the lowest responsible bidder meeting specifications, or else reject all bids. Contracts for services to be performed, other than personal or professional services, involving an expenditure of one hundred thousand dollars ($100,000) or more annually shall be made or entered into with the lowest responsible bidder meeting specifications, or else all bids shall be rejected. If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for materials, goods, or services to execute a tendered contract, award it to the second lowest responsible bidder meeting specifications. If the second lowest responsible bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder meeting specifications. (Amended by Stats. 2010, Ch. 638, Sec. 1. (SB 1122) Effective January 1, 2011.)
  126. 10507.8.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. )

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    The University of California may use best value bidding for goods, materials, or services when it expects long-term savings, and the Regents must publish bidder-evaluation policies for that process.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10507.8. (a) As provided for in this article, when the University of California determines that it can expect long-term savings through the use of life-cycle cost methodology, the use of more sustainable goods and materials, and reduced administrative costs, the lowest responsible bidder may be selected on the basis of the best value to the university. In order to implement this method of selection, the Regents of the University of California shall adopt and publish policies and guidelines for evaluating bidders that ensure that best value selections by the university are conducted in a fair and impartial manner. These policies and guidelines shall conform to the requirements of subdivisions (c) and (d) and shall be applicable to the university when using best value as the bid evaluation methodology. (b) For the purposes of this section, the following definitions apply: (1) “Best value” means the most advantageous balance of price, quality, service, performance, and other elements, as defined by the university, achieved through methods in accordance with this section and determined by objective performance criteria that may include price, features, long-term functionality, life-cycle costs, overall sustainability, and required services. (2) “Best value agreement” means an agreement entered into pursuant to the provisions of this section. (3) “Best value awardee” means the lowest responsible bidder or bidders that are awarded an agreement for goods, materials, or services that was awarded through the use of best value for the bid evaluation methodology. (4) “Best value criteria” means those criteria set forth in subdivision (d). (5) “University” means all current campuses and locations of the University of California, including the medical centers, the national laboratories, and any future University of California campuses and locations. (c) (1) The university shall consider all of the following when adopting policies and guidelines pursuant to subdivision (a): (A) Price and service proposals that reduce the university’s overall operating costs. (B) Supply and material standards that support the university’s strategic sourcing initiatives. (C) A procedure for bid protest and resolution. (2) The university shall award a best value agreement as follows: (A) The university shall evaluate bidders based solely upon the best value criteria set forth in the solicitation documents. Solicitation for bids shall describe the best value criteria that the university will consider in evaluating the bidders by overall category and by specific attributes. (B) The university shall award the agreement to the lowest responsible bidder or bidders whose bid or bids are determined by the university to be the best value in terms of price, quality, service, and performance, and that meet the university’s requirements. (C) Bid participants that are not awarded a best value agreement shall be notified in writing at the end of the agreement award process. (d) For the purposes of this section, the university may take into consideration any of the following best value criteria when awarding a best value agreement for goods, materials, and services: (1) The total cost to the university of its use or consumption of goods, materials, and services. (2) The operational cost or benefit incurred by the university as a result of a contract award. (3) The added value to the university, as defined in the request for proposal, of vendor-added services. (4) The quality and effectiveness of goods, materials, and services. (5) The use of more sustainable goods and materials in the manufacturing of the goods and materials and the packaging of these products. (6) The reliability and timeliness of delivery and installation. (7) The terms and conditions of product warranties, maintenance, and vendor guarantees. (8) The vendor’s quality assurance, continuous improvement, and business resumption programs and their benefit to the university. (9) The vendor’s experience with the timely provision of goods, materials, and services. (10) The consistency of quality and availability of the vendor’s proposed supplies, materials, and services with the university’s overall procurement program. (11) The economic benefits to the local community, including, but not limited to, job creation or retention and the support of small and local businesses. (e) The university shall ensure that all businesses have a fair and equitable opportunity to compete for, and participate in, the university best value bids and shall also ensure that discrimination in the award and performance of the agreement does not occur on the basis of gender, marital status, ancestry, medical condition, or any characteristic listed or defined in Section 11135 of the Government Code, or retaliation for having filed a discrimination complaint or protest in the performance of university contractual obligations. (f) This section applies solely to the procurement of goods, materials, or services and shall not apply to construction contracts. (g) Except as otherwise provided in this article, this article is not intended to change in any manner any guideline, criteria, procedure, or requirement of the Regents of the University of California to let any contract for goods, materials, or services to the lowest responsible bidder meeting certain specifications or to reject all bids. (Amended by Stats. 2018, Ch. 725, Sec. 1. (AB 3186) Effective January 1, 2019.)
  127. 10508.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. )

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    The article’s requirements do not apply in certain sole-source or unique-item cases if the regents make the required determination, and contracts for unique or personal/professional services may be made only if the regents find the price reasonable.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10508. The requirements of this article shall not be applicable when the regents determine that a brand or trade name article, thing, or product or proprietary service is the only one which will properly meet the needs of the University of California because the item or service is unique, available only from a sole source, or is designated to match others, used in, or furnished to, a particular installation, facility, or location. Contracts for unique products or services, or personal or professional services, shall not be made unless the regents determine that the proposed price therefor is reasonable. (Added by Stats. 1984, Ch. 1128, Sec. 3.)
  128. 10508.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. )

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    The University of California may award certain contracts to certified small businesses or disabled veteran business enterprises if it gets price quotes from at least two such businesses.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10508.5. (a) Notwithstanding any other law, including, but not limited to, the advertising, bidding, and protest provisions of Chapter 2.1 (commencing with Section 10500), the University of California may award a contract for the acquisition of goods, services, or information technology that has an estimated value of greater than one hundred thousand dollars ($100,000), but less than two hundred fifty thousand dollars ($250,000), to a certified small business, including a microbusiness, or to a disabled veteran business enterprise, if the University of California obtains price quotations from two or more certified small businesses, including microbusinesses, or from two or more disabled veteran business enterprises. (b) In carrying out subdivision (a), the University of California shall consider a responsive offer timely received from a responsible certified small business, including a microbusiness, or from a disabled veteran business enterprise. (c) No provision of this section shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make that provision applicable. (Added by Stats. 2013, Ch. 262, Sec. 2. (AB 173) Effective January 1, 2014.)
  129. 10509.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. )

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    The Regents of the University of California must set procurement methods for goods, materials, and services to be purchased.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10509. The Regents of the University of California shall prescribe methods of procurement for goods, materials, and services to be purchased, including: (a) Requirements for public advertisement where feasible and practicable or for solicitation from at least three sources in other cases. (b) Bidder prequalification and evaluation standards. (c) Guidelines for negotiating contracts for unique products or proprietary services. (d) Procedures for solicitation of vendor and service contractor interest. (e) Dissemination of award information. (f) Such other matters as may encourage the receipt of the most favorable price and conditions of purchase by the university. (Added by Stats. 1984, Ch. 1128, Sec. 3.)
  130. 10509.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. )

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    The University of California must not approve certain employee health benefit plan contracts unless they comply with specified contraceptive coverage requirements, starting January 1, 2024.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10509.5. Notwithstanding any other law, commencing January 1, 2024, the University of California shall not approve a health benefit plan contract for employees that does not comply with the contraceptive coverage requirements of Sections 1367.25 and 1367.255 of the Health and Safety Code Sections 10123.1945 and 10123.196 of the Insurance Code. (Added by Stats. 2022, Ch. 630, Sec. 19. (SB 523) Effective January 1, 2023.)
  131. 10510.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. )

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    This article does not apply to procurement of goods, materials, or services funded exclusively by federal agencies when applying it would conflict with that agency’s mandatory requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2. Materials, Goods, and Services [10507.5 - 10510] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10510. The requirements of this article shall not be applicable to the procurement of goods, materials, or services funded exclusively by federal agencies to the extent that the requirements of this article are in conflict with mandatory requirements of such federal agency. (Added by Stats. 1984, Ch. 1128, Sec. 3.)
  132. 10510.4.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. )

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    This section defines key terms used in the article, including “firm,” several kinds of professional services, “construction project management,” “environmental services,” and “real property development services.”

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. ) ## 10510.4. For purposes of this article, the following definitions apply: (a) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management. (b) “Architectural, landscape architectural, engineering, environmental, and land surveying services” include those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and their employees may logically or justifiably perform. (c) “Construction project management” means those services provided by a licensed architect, registered engineer, or licensed general contractor that meet the requirements of Section 10510.9 for management and supervision of work performed on university construction projects. (d) “Environmental services” means those services performed in connection with project development and permit processing in order to comply with federal and state environmental laws. “Environmental services” also includes the processing and awarding of claims pursuant to Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code. (e) “Real property development services” means those services undertaken by a real estate developer in connection with the development of a developer-owned project on land owned or controlled by the university, including, but not limited to, environmental analysis, landscape planning, site design, market and financial feasibility, and other incidental services that a real estate developer may perform for the project. (Added by Stats. 2003, Ch. 699, Sec. 2. Effective January 1, 2004.)
  133. 10510.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. )

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    The University of California must choose these professional service firms based on competence and qualifications, adopt procedures to ensure fair and reasonable prices and maximum small-business participation, and bar certain improper practices and conflicted employee participation.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. ) ## 10510.5. (a) Selection by the University of California for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, real property development services, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. In order to implement this method of selection, the university shall adopt procedures that assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the university. Furthermore, these procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to Section 14837 of the Government Code. (b) These procedures shall specifically prohibit practices that might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit university employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this section. (Added by Stats. 2003, Ch. 699, Sec. 2. Effective January 1, 2004.)
  134. 10510.50.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.7. University of California Vendors [10510.50 - 10510.54] ( Article 2.7 added by Stats. 2023, Ch. 480, Sec. 1. )

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    This section says the article may be cited as the Recovery of Earned but Unpaid Wages Act.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.7. University of California Vendors [10510.50 - 10510.54] ( Article 2.7 added by Stats. 2023, Ch. 480, Sec. 1. ) ## 10510.50. This article shall be known, and may be cited, as the Recovery of Earned but Unpaid Wages Act. (Added by Stats. 2023, Ch. 480, Sec. 1. (SB 27) Effective January 1, 2024.)
  135. 10510.51.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.7. University of California Vendors [10510.50 - 10510.54] ( Article 2.7 added by Stats. 2023, Ch. 480, Sec. 1. )

    Verify source ↗

    This section defines terms used in the article about University of California vendors.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.7. University of California Vendors [10510.50 - 10510.54] ( Article 2.7 added by Stats. 2023, Ch. 480, Sec. 1. ) ## 10510.51. As used in this article: (a) “Aggrieved employee” means either of the following: (1) An employee against whom one or more alleged violations of this article was committed. (2) A university employee coworker of an employee against whom one or more alleged violations of this article was committed who performs services for the university at or for the same university location or department as the employee. (b) “Basic payroll information” means, for each vendor-supplied employee who performed services at any time during the preceding six-month period, the following information: (1) The employee’s full name, job title, mobile telephone number, email address, and home address. (2) Work location while performing services for the university. (3) The employee’s hourly rate of pay while performing services for the university for each applicable pay period during the preceding six-month period. (4) The hourly value of employer-provided benefits, if any, received by the employee while performing services for the university for each applicable pay period during the preceding six-month period. (5) The employee’s hours of work while performing services for the university for each applicable pay period during the six-month period. (c) “Contract” includes any written instrument, purchase order, change order, order, requisition, service agreement, or other written or electronic document, however titled, reflecting an agreement that the vendor will perform services or supply the university with employees to perform services in exchange for payment. (d) “Employee” includes any contract worker, or individual employed by any vendor, or otherwise supplied to the university by any vendor, to perform services for the university. “Employee” also includes an individual treated by either the vendor, a subcontractor, or the university as an independent contractor. “Employee” does not include any individual who is a parent, spouse, child, or legally adopted child of the employer, any sole proprietor, or any individual with an ownership interest of 5 percent or more in the vendor. (e) “Employer” means any person, as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person. (f) “Hourly value of employer-provided benefits” means the employer’s actual cost for the employee’s benefits, including, but not limited to, retirement, health, dental, vision, and life and disability benefits calculated as an hourly dollar amount. It does not include any paid time off or any payroll expenses required by law. For any employee who does not receive employer-provided benefits, the following shall apply: (1) For health, dental, or vision benefits, the value of those benefits is the value of the health, dental, or vision benefits offered to an employee if all of the following are true: (A) The employee is not a Medi-Cal beneficiary. (B) The employee is offered but does not elect to receive employer-provided health, dental, or vision benefits. (C) The employee would receive benefits equivalent to benefits provided to university employees performing the same work. (2) For health, dental, or vision benefits, if the requirements of paragraph (1) are not met, the hourly value is zero dollars ($0). (3) For all other employer-provided benefits, if an employee does not receive the benefit, for whatever reason, the hourly value is zero dollars ($0). (g) “Joint labor-management committee” includes any joint labor-management committee or similar meeting body or committee established jointly by the university and the exclusive representative of university employees who perform the same or similar services as the employees performing services for the university. (h) “Services” means work that is subject to university policy. “Services” includes services that have been customarily performed by bargaining unit employees of the university, including, but not limited to, the following services: cleaning, custodial, janitorial, or housekeeping services; food services; laundry services; grounds keeping; nonskilled crafts building maintenance; transportation and parking services; security services; billing and coding services; sterile processing; hospital and nursing assistant services; respiratory therapy; and medical imaging services. “Services” does not include financial investment or retirement planning advice, retirement plan recordkeeping, or asset management. (i) “Subcontractor” means any person, employer, supplier of labor, staffing agency, temporary services employer, or other entity that performs services for the university or supplies employees to perform services, pursuant to a contract with a vendor. (j) “Total compensation rate” means the employee’s hourly rate of pay plus the hourly value of employer-provided benefits, or the equivalent compensation. (k) “University” means the University of California. (l) “University policy” means a policy or collective bargaining agreement adopted or approved by the university that requires vendors to provide employees wages and benefits of equivalent value to the wages and benefits provided to university employees performing the same work. (m) “Vendor” means contractor and includes any person, employer, supplier of labor, staffing agency, temporary services employer, labor broker, management services provider, or other entity that contracts with the university to provide services or to supply the university with its own employees or those of a subcontractor to perform services. “Vendor” also means any person acting either individually or as an officer, agent, or employee of a vendor. “Vendor” does not include a contractor in the construction industry. For purposes of this subdivision, “contractor in the construction industry” means an employer that provides work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades. (Added by Stats. 2023, Ch. 480, Sec. 1. (SB 27) Effective January 1, 2024.)
  136. 10510.52.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.7. University of California Vendors [10510.50 - 10510.54] ( Article 2.7 added by Stats. 2023, Ch. 480, Sec. 1. )

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    A vendor supplying employees to the University of California must give those employees written pay-and-benefits notices and share basic payroll information with the university and labor-management committee on a set schedule.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.7. University of California Vendors [10510.50 - 10510.54] ( Article 2.7 added by Stats. 2023, Ch. 480, Sec. 1. ) ## 10510.52. (a) A vendor that supplies the university with employees to perform services, shall provide those employees with written notice of the total compensation rate specified in the vendor’s contract with the university or required by university policy, whichever is higher, and the employee’s hourly rate of pay and hourly value of employer-provided benefits. The vendor shall provide employees with these notices at the time each employee is assigned to perform services for the university and thereafter, each January, and within seven days of a change to the employee’s hourly rate. (b) (1) In January and July of each year, the vendor shall provide basic payroll information to the university and members of any joint labor-management committee. The vendor shall provide all employees who agree to perform services for the university or continue doing so with written notice of this requirement and the written notice shall also include the following text: “Basic payroll information pertaining to all employees who accept an assignment or continue performing services for the University of California will be shared with the University of California and the organizations that represent University of California employees. The information that will be shared includes your full name, university work location, mobile telephone number, email address, and home address. The purpose of sharing this information is to ensure that the University of California and the organizations that represent University of California employees can contact you if they discover you have been paid less than required by the vendor’s contract with the university or university policy and so that the University of California can provide you with a timely offer of employment as soon as you become eligible.” (2) Basic payroll information for an individual employee who performs services for the university shall also, upon request, be made available for inspection by that individual employee or that individual employee’s authorized representative or be furnished to that individual employee or that individual employee’s authorized representative. (c) If an auditor, vendor, the university, or any other person conducts or receives an audit, verification, notice, report, or finding with regard to whether a vendor has compensated employees at the total compensation rate required by the vendor’s contract with the university or university policy, including the vendor’s failure to provide employees with any “wage and benefits parity” rate required by university policy, that audit, verification, notice, report, or finding shall be provided to the university and members of any joint labor-management committee. (Added by Stats. 2023, Ch. 480, Sec. 1. (SB 27) Effective January 1, 2024.)
  137. 10510.53.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.7. University of California Vendors [10510.50 - 10510.54] ( Article 2.7 added by Stats. 2023, Ch. 480, Sec. 1. )

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    Vendors may not take university contract payments while paying covered workers below the required compensation rate, and employees can sue after giving notice.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.7. University of California Vendors [10510.50 - 10510.54] ( Article 2.7 added by Stats. 2023, Ch. 480, Sec. 1. ) ## 10510.53. (a) It shall be unlawful for any vendor to accept payment from the university pursuant to a contract for services if the vendor is performing services or supplying the university with employees to perform services who are paid less than the total compensation rate specified in the vendor’s contract with the university or required by university policy, whichever is higher. (b) An aggrieved employee may bring a civil action, including on behalf of an employee or employees against whom a violation of this article was committed, against a vendor to recover compensation that has been earned but was not paid at the total compensation rate required by the vendor’s contract with the university or university policy, whichever is higher, or to enforce any other provision of this article. (c) (1) Prior to bringing an action against a vendor, an aggrieved employee shall first provide a vendor with written notice of an alleged violation of this article. The notice shall include the names or other information sufficient to identify the employees against whom the alleged violations were committed, dates of employment, the period of alleged noncompliance, and contact information. The notice shall also provide the vendor with the opportunity to correct and cure the violation. (2) If a vendor receives written notice pursuant to paragraph (1), the vendor shall provide a copy of the written notice to the president of the university within five business days of receipt. (3) Upon providing written notice pursuant to paragraph (1), an aggrieved employee may file suit only if the vendor fails to provide documentation, within 60 days, demonstrating that each employee identified in the notice has been made whole, has been provided with the notices required by this article, and is receiving a total compensation rate no less than the rate specified in the vendor’s contract with the university or in university policy, whichever is higher. (d) If a claimant prevails in an action brought under this section, the vendor shall notify the president of the university of the decision and the court shall order the following: (1) Any vendor that supplies the university with any employee who is paid a total compensation rate less than the amount fixed by the vendor’s contract with the university or university policy to pay a penalty and restitution, as follows: (A) For any initial violation of subdivision (a), one hundred dollars ($100) for each underpaid employee for each pay period for which the employee is underpaid, not exceeding an aggregate penalty of five hundred dollars ($500) per employee. This amount shall be in addition to an amount sufficient to recover underpaid compensation. (B) For each subsequent violation of subdivision (a), two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee is underpaid, not exceeding an aggregate penalty of one thousand dollars ($1000) per employee. This amount shall be in addition to an amount sufficient to recover underpaid compensation. (C) For each knowing and intentional failure by a vendor to comply with Section 10510.52, fifty dollars ($50) per employee for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not exceeding an aggregate penalty of one thousand dollars ($1,000) per employee. This amount shall be in addition to an amount sufficient to recover underpaid compensation. (2) To the extent a vendor bills the university for services provided via an hourly bill rate, and to the extent a vendor fails to pay its employees the amount fixed by the vendor’s contract with the university or university policy, a court may, in its discretion, require that the vendor return to the university any amounts paid by the university to the vendor for services that exceed the amounts the vendor paid to its employees providing services for any payroll periods after January 1, 2024. (3) Reasonable attorney’s fees and costs. (e) Compensation and penalties recovered pursuant to this section shall be paid to the employee against whom a violation of this article was committed. (f) The remedies provided for in this section are in addition to any other remedies provided by law. The penalties provided for in this section are in addition to any other penalties provided by law except that an employee shall not also receive penalties provided for in subdivision (f) of Section 226 or Section 1197.1 of the Labor Code. (g) This section shall not preclude or alter the university’s ability to contract for services as permitted under existing policies or collective bargaining agreements, nor shall it preclude the university from hiring in emergency circumstances or to meet other staffing needs. (Added by Stats. 2023, Ch. 480, Sec. 1. (SB 27) Effective January 1, 2024.)
  138. 10510.54.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.7. University of California Vendors [10510.50 - 10510.54] ( Article 2.7 added by Stats. 2023, Ch. 480, Sec. 1. )

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    This section says the article is severable: if one provision or its application is invalid, the rest can still stand if they work without it.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.7. University of California Vendors [10510.50 - 10510.54] ( Article 2.7 added by Stats. 2023, Ch. 480, Sec. 1. ) ## 10510.54. The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2023, Ch. 480, Sec. 1. (SB 27) Effective January 1, 2024.)
  139. 10510.6.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. )

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    The University of California must follow this section when negotiating and completing certain consulting contracts, give written negotiation instructions after selecting the successful firm, begin negotiations within 14 days, and complete the contract within 45 days.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. ) ## 10510.6. (a) The University of California shall follow this section in negotiating fees and executing a contract for professional consulting services of a private architectural, landscape architectural, engineering, land surveying, environmental, real property development services, or construction project management firm. (b) After providing notification to the successful firm of its selection, the university shall provide written instructions for the negotiations that are to follow. These instructions shall provide the private consulting firm with necessary information that shall allow the negotiations to proceed in an orderly fashion. Negotiations shall begin within 14 days after the successful firm has been notified of its selection or upon receipt of the cost proposal. The contractor should be notified if additional time is necessary to begin negotiations. (c) Upon the completion of negotiations, the university and the private firm shall proceed to execute a contract that the university shall complete within 45 days. The contractor should be notified if additional time is necessary to complete the contract. The university and private firm shall work together to ensure the successful delivery of the requested services in a timely fashion. (d) In the event an impasse is reached in negotiations, the university may terminate negotiations and enter into negotiations with the next qualified firm, in the same manner as prescribed in Section 10510.8 with respect to management services contracts. (Added by Stats. 2003, Ch. 699, Sec. 2. Effective January 1, 2004.)
  140. 10510.7.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. )

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    The university must use a competitive process for these professional services, including announcements, evaluations, discussions with firms, and selection rules, with an exception for certain contracts of $100,000 or less.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. ) ## 10510.7. (a) In the procurement of architectural, landscape architectural, engineering, environmental, land surveying, real property development services, and construction project management services, the university shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. (b) (1) Statewide announcement of all projects requiring architectural, landscape architectural, engineering, environmental, land surveying, real property development services, or construction project management services shall be made by the university through advertisements placed in the California State Contracts Register and in publications of the respective professional societies and organizations of persons that perform those services. Alternatively, the university may develop policies to provide for electronic statewide notice of the required announcements to ensure notification through, at a minimum, appropriate professional societies and organizations and the California State Contracts Register, to those persons that perform the services sought to be procured. (2) The university, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the university, together with those that may be submitted by other firms regarding the proposed project. (3) (A) The university, for each proposed project, shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. (B) The university shall select, from the firms with which it conducted discussions in order of preference, based upon criteria established and published by the university, no less than three of the firms deemed to be the most highly qualified to provide the services required. (C) If a project announcement results in submissions from fewer than three qualified firms, the university may then select from the available qualified firms and shall document its efforts to receive submissions from additional firms. (D) These procedures shall specifically prohibit practices that might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit university employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this section. (4) This subdivision does not apply to a contract for the services described in Section 10510.4 with a total contract cost of one hundred thousand dollars ($100,000) or less, provided that the type of project for which the contract is awarded is identified by the university in an annual announcement, made in accordance with the provisions of paragraph (1), that identifies the project needs of the university that are projected to have a total contract price of one hundred thousand dollars ($100,000) or less. (Added by Stats. 2003, Ch. 699, Sec. 2. Effective January 1, 2004.)
  141. 10510.8.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. )

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    The university must negotiate with the best qualified firm and keep moving to the next qualified firm if negotiations fail.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. ) ## 10510.8. (a) The university shall negotiate a contract with the best qualified firm for architectural, landscape architectural, engineering, environmental, land surveying, real property development services, and construction project management services at compensation that the university determines is fair and reasonable to the University of California. (b) Should the university be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the university determines to be fair and reasonable to the University of California, negotiations with that firm shall be formally terminated. The university shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the university shall terminate negotiations. The university shall then undertake negotiations with the third most qualified firm. (c) Should the university be unable to negotiate a satisfactory contract with any of the selected firms, the university shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this article until an agreement is reached. (Added by Stats. 2003, Ch. 699, Sec. 2. Effective January 1, 2004.)
  142. 10510.9.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. )

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    An individual or firm proposing to provide construction project management services under this article must provide evidence of relevant expertise and experience.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms [10510.4 - 10510.9] ( Article 2.5 added by Stats. 2003, Ch. 699, Sec. 2. ) ## 10510.9. Any individual or firm proposing to provide construction project management services pursuant to this article shall provide evidence that the individual or firm and its personnel carrying out onsite responsibilities have expertise and experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project. (Added by Stats. 2003, Ch. 699, Sec. 2. Effective January 1, 2004.)
  143. 10511.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 3. Real Property [10511 - 10513] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 3. )

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    The Regents of the University of California must give public notice before selling qualifying University of California real property in California.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 3. Real Property [10511 - 10513] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10511. (a) (1) The Regents of the University of California shall give public notice to bidders of the sale of University of California real property situated in California if the estimated value of the real property to be sold exceeds the amount specified in paragraph (2). (2) Paragraph (1) shall apply to real property whose estimated value exceeds one million dollars ($1,000,000) net to the seller. (b) Notice of the sale of real property shall be by publication a minimum of six times, between 2 and 12 weeks preceding the day set for receiving bids, as follows: (1) A minimum of three times in at least one newspaper of general circulation in the county in which the property is situated. (2) At least three times in a newspaper of general circulation in the City of Los Angeles, the City of San Diego, the City of San Francisco, or the City of Sacramento, whichever is deemed most appropriate by the regents. (3) The published notices shall specify the general description of the property, the source for bid materials and information, and the date and place for the receiving of sealed bids. (Amended by Stats. 2014, Ch. 361, Sec. 1. (AB 2726) Effective January 1, 2015.)
  144. 10512.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 3. Real Property [10511 - 10513] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 3. )

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    The regents must publicly accept the best bid or proposal, or reject all bids or proposals.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 3. Real Property [10511 - 10513] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10512. (a) On the date designated in the public notice, the sealed bids shall be publicly opened. (b) (1) The regents shall accept in public the bid or proposal that it deems to offer the best combination of price, terms, and bidder’s qualifications to the university, or reject all bids or proposals. A bidder’s qualifications may include factors other than price and terms, such as the bidder’s ability to complete the transaction or to secure development entitlements. (2) If a successful bidder fails to perform in the manner specified, the regents may, at their sole option and without further notice, accept, from those remaining bids or proposals submitted and opened in public pursuant to subdivision (a), the bid or proposal that it deems to offer the best combination of price, terms, and bidder’s qualifications to the university. (Amended by Stats. 2014, Ch. 361, Sec. 2. (AB 2726) Effective January 1, 2015.)
  145. 10513.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 3. Real Property [10511 - 10513] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 3. )

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    This section says the article’s publication and award procedures do not apply to listed real property transactions and transfers.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 3. Real Property [10511 - 10513] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## 10513. The publication and award procedures set forth in this article shall not be applicable to any of the following: (a) The sale of an undivided or fractional ownership interest in real property. (b) A sale of a right of use in real property that is less than fee ownership. (c) A sale of real property subject to title conditions or restrictions on the university’s ownership deriving from the origin of that ownership by gift, devise, or otherwise, if that sale would be inconsistent with those title conditions or restrictions. (d) The disposition of real property acquired through exercise of a power of sale pursuant to a deed of trust, foreclosure, deed in lieu of foreclosure, transactions when property is accepted in settlement of a defaulted mortgage, legal settlement, or held as an asset in the university’s investment portfolio. (e) A sale of public lands under the direction of the federal land agent. (f) A sale to a person or entity who will dedicate the real property to public use. (g) A sale of real property acquired after January 1, 1985, through eminent domain proceedings initiated by the Regents of the University of California. In those cases, the person from whom the property was acquired shall be notified and be accorded an exclusive opportunity for 90 days to purchase the property at its fair market value. If the person fails to undertake proceedings to purchase the property within 90 days, the procedures specified in Sections 10511 and 10512 shall then be followed in the sale of the property. (h) An exchange to acquire real property of another person or entity for university purposes. Any exchange shall be upon terms and conditions agreed to by the exchanging parties. (i) The transfer of the Rochdale Apartments located at 2424 Haste Street, in the City of Berkeley, County of Alameda, Assessor Parcel Number 55-1881-17-1, from the Regents of the University of California to the Berkeley Student Cooperative for the purpose of maintaining affordable housing. The Regents of the University of California shall reserve a right of reverter, which may be subordinated at the discretion of the regents and would be subject to existing liens and obligations of the property, in the event the property ceases to be used for affordable housing by the Berkeley Student Cooperative and its successors or assigns. (Amended by Stats. 2024, Ch. 764, Sec. 1. (SB 56) Effective January 1, 2025.)
  146. 10515.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 4. Conflict of Interest [10515 - 10518] ( Article 4 added by Stats. 2002, Ch. 1122, Sec. 2. )

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    A person or firm that has been awarded a consulting services contract generally may not bid for or be awarded related follow-on work after July 1, 2003, subject to listed exceptions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 4. Conflict of Interest [10515 - 10518] ( Article 4 added by Stats. 2002, Ch. 1122, Sec. 2. ) ## 10515. (a) No person, firm, or subsidiary thereof who has been awarded a consulting services contract may submit a bid for, nor be awarded a contract on or after July 1, 2003, for the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. (b) Subdivision (a) does not apply to either of the following: (1) Any person, firm, or subsidiary thereof who is awarded a subcontract of a consulting services contract that amounts to no more than 10 percent of the total monetary value of the consulting services contract. (2) Consulting services contracts that comply with Article 2.5 (commencing with Section 10510.4). (c) (1) Subdivision (a) does not apply to any person, firm, or subsidiary awarded a consulting services contract by a University of California medical center when the provision of service, procurement of goods or supplies, or any other related action required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract, is necessary to avoid a competitive disadvantage in the hospital industry, improve patient care, protect the privacy of patient information, or avoid significant delay and additional expense. (2) The University of California shall report within 30 days on any exemption granted under paragraph (1) to the Joint Legislative Budget Committee and the Department of Finance. The report shall include a description of the circumstances that warranted the exemption, the effects of the exemption on patient care or patient privacy, and a calculation of the projected costs savings to the institution as a result of the exemption. (Amended by Stats. 2003, Ch. 699, Sec. 3. Effective January 1, 2004.)
  147. 10516.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 4. Conflict of Interest [10515 - 10518] ( Article 4 added by Stats. 2002, Ch. 1122, Sec. 2. )

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    University of California officers and employees are barred from certain outside paid or financially interested work tied to university-funded contracts, and from contracting personally with a university department as an independent contractor, subject to stated exceptions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 4. Conflict of Interest [10515 - 10518] ( Article 4 added by Stats. 2002, Ch. 1122, Sec. 2. ) ## 10516. No officer or employee of the University of California shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or in which the officer or employee has a financial interest if that employment, activity, or enterprise is sponsored or funded, or sponsored and funded, by any university department through or by a university contract unless the employment, activity, or enterprise is within the course and scope of the officer’s or employee’s regular university employment. No officer or employee in the university shall contract on his or her own individual behalf as an independent contractor with any university department to provide services or goods. This section shall not apply to officers or employees of the university with teaching or research responsibilities, nor shall it apply to student employees for payment for additional campus activities or engagements outside of the scope of their primary university employment. (Amended by Stats. 2010, Ch. 638, Sec. 2. (SB 1122) Effective January 1, 2011.)
  148. 10517.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 4. Conflict of Interest [10515 - 10518] ( Article 4 added by Stats. 2002, Ch. 1122, Sec. 2. )

    Verify source ↗

    Certain former University of California personnel may not enter contracts tied to work they helped negotiate or decide on, and another 12-month restriction applies to some former policymakers.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 4. Conflict of Interest [10515 - 10518] ( Article 4 added by Stats. 2002, Ch. 1122, Sec. 2. ) ## 10517. (a) No retired, dismissed, separated, or formerly employed person of the University of California employed with the university or otherwise appointed to serve in the university may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by any university department. The prohibition of this subdivision shall apply to a person only during the two-year period beginning on the date the person left university employment. (b) For a period of 12 months following the date of his or her retirement, dismissal, or separation from the University of California, no person employed in the university or otherwise appointed to serve in the university may enter into a contract with any university department, if he or she was employed by that department in a policymaking position in the same general subject area as the proposed contract within the 12-month period prior to his or her retirement, dismissal, or separation. The prohibition of this subdivision shall not apply to a contract requiring the person’s services as an expert witness in a civil case or to a contract for the continuation of an attorney’s services on a matter he or she was involved with prior to leaving the university. (c) This section does not prohibit the rehire or reappointment of University of California employees after retirement, consistent with university administrative policies, nor does it apply to inventors and authors of intellectual property licensed under technology transfer agreements. (Added by Stats. 2002, Ch. 1122, Sec. 2. Effective January 1, 2003. Operative July 1, 2003, by Sec. 5 of Ch. 1122.)
  149. 10518.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 4. Conflict of Interest [10515 - 10518] ( Article 4 added by Stats. 2002, Ch. 1122, Sec. 2. )

    Verify source ↗

    Contractors with University of California campus contracts of $10,000 or more must be assigned an identification number by the campus chancellor, and they must list that number on each campus contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 4. Conflict of Interest [10515 - 10518] ( Article 4 added by Stats. 2002, Ch. 1122, Sec. 2. ) ## 10518. (a) Except as otherwise provided in subdivision (b), each contractor who enters into a contract with a University of California campus for ten thousand dollars ($10,000) or more shall be assigned an identification number by the chancellor of that university campus. Each contractor who has been assigned a number shall list it on each contract the contractor enters into with the university campus, regardless of the amount of the contract. In the case of a corporation or firm, the chancellor’s assigned number shall be used exclusively on each contract with that particular chancellor’s campus. The assigned number shall remain unchanged regardless of future name changes. (b) If the identification numbers cannot be tracked centrally by the Regents of the University of California, then the regents, and not the chancellors, shall assign the identification numbers. (Amended by Stats. 2003, Ch. 699, Sec. 4. Effective January 1, 2004.)
  150. 10520.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. )

    Verify source ↗

    A contract or other transaction made in violation of this chapter is void, unless the violation is only technical or nonsubstantive.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. ) ## 10520. Every contract or other transaction entered in violation of any provision of this chapter is void, unless the violation is technical or nonsubstantive. (Added by Stats. 2002, Ch. 1122, Sec. 3. Effective January 1, 2003. Operative July 1, 2003, by Sec. 5 of Ch. 1122.)
  151. 10521.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. )

    Verify source ↗

    The University of California, or someone acting for it, may sue in superior court over a contract or transaction allegedly made in violation of this chapter. If substantial evidence supports a violation, the court may issue a temporary injunction. If the case ends with a final finding of violation, the contract or transaction is void and the state or plaintiff gets costs and attorney’s fees; the contracting party cannot get those fees under this section.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. ) ## 10521. The University of California, or any person acting on behalf of the university, may bring a civil action seeking a determination by the superior court that a contract or other transaction has been entered in violation of any provision of this chapter. If the court finds substantial evidence of a violation, it may issue a temporary injunction to prevent any further dealings upon the contract or other transaction, pending a final determination on the merits of the case. If the action results in a final determination that the contract or other transaction has been entered in violation of this chapter, it shall be void, and the state or person bringing the action shall be awarded costs and attorney’s fees. This section shall not be construed to permit an award of costs and attorney fees to the person or entity contracting or otherwise transacting with the university. (Added by Stats. 2002, Ch. 1122, Sec. 3. Effective January 1, 2003. Operative July 1, 2003, by Sec. 5 of Ch. 1122.)
  152. 10522.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. )

    Verify source ↗

    University of California officers or employees commit a felony if they corruptly perform an official act under this chapter and injure the university.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. ) ## 10522. Any officer or employee of the University of California who corruptly performs any official act under this chapter to the injury of the university is guilty of a felony. (Added by Stats. 2002, Ch. 1122, Sec. 3. Effective January 1, 2003. Operative July 1, 2003, by Sec. 5 of Ch. 1122.)
  153. 10523.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. )

    Verify source ↗

    A person contracting with the University of California by oral or written contract commits a felony if they corruptly permit violation of a contract covered by this chapter.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. ) ## 10523. Any person contracting with the University of California by oral or written contract who corruptly permits the violation of any contract made under this chapter is guilty of a felony. (Added by Stats. 2002, Ch. 1122, Sec. 3. Effective January 1, 2003. Operative July 1, 2003, by Sec. 5 of Ch. 1122.)
  154. 10524.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. )

    Verify source ↗

    People convicted under Section 10522 or 10523 must pay the University of California double the amount the university lost or may lose because of those crimes.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. ) ## 10524. Persons convicted under Section 10522 or 10523 are also liable to the University of California for double the amount the university may have lost or be liable to lose by reason of the acts made crimes by this article. (Amended by Stats. 2003, Ch. 62, Sec. 242.5. Effective January 1, 2004.)
  155. 10525.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. )

    Verify source ↗

    A willful violation of any other provision of this chapter is a misdemeanor.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. ) ## 10525. Willful violation of any other provision of this chapter shall constitute a misdemeanor. (Added by Stats. 2002, Ch. 1122, Sec. 3. Effective January 1, 2003. Operative July 1, 2003, by Sec. 5 of Ch. 1122.)
  156. 10526.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. )

    Verify source ↗

    Sections 10522 to 10525 do not apply to violations of Article 2.5 starting with Section 10510.4.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. ) ## 10526. Sections 10522, 10523, 10524, and 10525 of this article do not apply to violations of Article 2.5 (commencing with Section 10510.4) of this chapter. (Added by Stats. 2003, Ch. 699, Sec. 5. Effective January 1, 2004.)
  157. 10527.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. )

    Verify source ↗

    This article does not apply to violations of Article 2.7 of this chapter.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.1. University of California Competitive Bidding [10500 - 10527] ( Chapter 2.1 added by Stats. 1984, Ch. 1128, Sec. 3. ) ## ARTICLE 5. Remedies and Penalties [10520 - 10527] ( Article 5 added by Stats. 2002, Ch. 1122, Sec. 3. ) ## 10527. This article does not apply to violations of Article 2.7 (commencing with Section 10510.50) of this chapter. (Added by Stats. 2023, Ch. 480, Sec. 2. (SB 27) Effective January 1, 2024.)
  158. 10700.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    This chapter may be cited as the California State University Contract Law.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10700. This chapter may be cited as the California State University Contract Law. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  159. 10701.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    This section defines “project,” “service contract,” and “trustees” for this chapter.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10701. As used in this chapter: (a) “Project” includes the erection, construction, alteration, painting, repair, or improvement of any state structure, building, road, or other state improvement of any kind. “Project” includes a project located on California State University property and performed pursuant to a contract entered into or awarded by an auxiliary organization, as defined in Section 89901 of the Education Code, and funded in whole or in part by public funds. (b) “Service contract” means any contract for services in connection with a project other than a project contract, and includes, but is not limited to, contracts for architectural, engineering, planning, testing, general studies, or feasibility services. (c) “Trustees” means the Trustees of the California State University and their designees. (Amended by Stats. 2006, Ch. 346, Sec. 2. Effective January 1, 2007.)
  160. 10702.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Contracts to buy supplies or materials through the Department of General Services are not subject to this chapter, even if the seller also does incidental work or service for delivery.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10702. Contracts for the purchase of supplies or materials, which are purchased through the Department of General Services, are not subject to this chapter, even though the seller is required to perform some incidental work or service in connection with the delivery of the material or supplies. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  161. 10703.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Work done directly by a public utility company under an order of the Public Utilities Commission or another public authority is not subject to this chapter.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10703. Work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority, is not subject to this chapter, whether or not done under public supervision or paid for in whole or part out of public funds. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  162. 10704.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The project is under the trustees’ sole and direct control.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10704. The project shall be under the sole and direct control of the trustees, pursuant to the powers and responsibilities invested in them by Chapter 8 (commencing with Section 66600) of Part 40 of Division 5 of Title 3 of the Education Code. For the purposes of this chapter, a project located on California State University property and performed pursuant to a contract entered into or awarded by an auxiliary organization, as defined in Section 89901 of the Education Code, and funded in whole or in part by public funds, shall be deemed to be under the sole and direct control of the trustees. (Amended by Stats. 2006, Ch. 346, Sec. 3. Effective January 1, 2007.)
  163. 10705.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees may use this section for smaller projects that meet the cost limit, but projects over $5,000 require written bids and award to the lowest responsible bidder unless the trustees decide day labor is better for the state.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10705. (a) When, in the opinion of the trustees, the work does not require the application of all of the provisions of this chapter in connection therewith, the trustees may carry out the project pursuant to this section if the estimated cost does not exceed the value of a minor capital outlay project for which, pursuant to Section 10108, the services of the Department of General Services are not required and a state agency or department is authorized to carry out its own project. (b) If the estimated total cost of any construction project or work carried out under this section exceeds five thousand dollars ($5,000), the trustees shall solicit bids in writing and shall award the work to the lowest responsible bidder or reject all bids. The trustees may carry out work in excess of five thousand dollars ($5,000) under this section by day labor if the trustees deem that the award of a contract, the acceptance of bids, or the acceptance of further bids is not in the best interests of the state, but the amount of work performed by day labor under this section shall not exceed the sum of twenty thousand dollars ($20,000). (Amended by Stats. 2001, Ch. 219, Sec. 7. Effective January 1, 2002.)
  164. 10706.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees and the Department of General Services may make an agreement for the Department to carry out some trustee functions, if they both agree on the terms.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10706. The trustees and the Department of General Services may enter into an agreement under which the Department of General Services will carry out any of the functions of the trustees under this chapter, upon such terms as are mutually agreed upon. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  165. 10706.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees may make an agreement with an auxiliary organization for it to carry out trustees’ functions, if the terms are mutually agreed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10706.5. The trustees may enter into an agreement with an auxiliary organization, as defined in Section 89901 of the Education Code, under which the auxiliary organization may carry out any of the functions of the trustees under this chapter, upon terms that are mutually agreed upon. (Added by Stats. 2006, Ch. 346, Sec. 4. Effective January 1, 2007.)
  166. 10707.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees may enter into service contracts, but those contracts are subject to Section 10820 and any other chapter provisions the trustees choose to make applicable.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10707. The trustees may enter into service contracts. Such contracts shall be subject only to Section 10820 and to such other provisions of this chapter, if any, as the trustees may from time to time designate as applicable. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  167. 10708.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees may enter a design-build agreement for a project, but the contractor must follow bidding, design, subcontractor listing, and architect-signoff requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10708. (a) When, in the opinion of the trustees, the best interests of the California State University dictate, the trustees may enter into an agreement with a contractor to provide all or significant portions of the design services and construction of a project under this chapter. The contractor shall design the project pursuant to the scope of services set forth in the request for proposals, build the project, and present the completed project to the trustees for their approval and acceptance. (b) Work under this section shall be carried out by a contractor chosen by a competitive bidding process that employs selection criteria in addition to cost. Any design work performed pursuant to this section shall be prepared and signed by an architect certificated pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code. (c) When the design of portions of the project permits the selection of subcontractors, the contractor shall competitively bid those portions. The contractor shall provide to the trustees a list of subcontractors whose work is in excess of one-half of 1 percent of the total project cost as soon as the subcontractors are identified. Once listed, the subcontractors shall have the rights provided in the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1). (Amended by Stats. 2005, Ch. 318, Sec. 13. Effective January 1, 2006.)
  168. 10709.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees may approve an energy conservation construction contract if specified cost findings are made, and contracts under this section must be let through competitive means.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10709. Notwithstanding any provision of the California State University Contract Law and any other provision of law to the contrary, the trustees may enter into an energy conservation construction contract, on the terms it determines are in the best interests of the California State University if they find that the anticipated cost for the alterations effected by the energy conservation construction contract will be less than the anticipated marginal cost to the California State University of energy that would have been consumed by the California State University in the absence of those alterations. The letting of contracts pursuant to this section shall be conducted through competitive means. (Added by Stats. 1995, Ch. 522, Sec. 3. Effective January 1, 1996.)
  169. 10710.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees may award certain annual contracts, but only up to $3,000,000 and only for specified repair, repetitive work, renovation, or modification work done on unit prices.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 1. General Provisions [10700 - 10710] ( Article 1 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10710. (a) Notwithstanding any other provisions of this chapter, the trustees may award annual contracts that do not exceed three million dollars ($3,000,000) for repair or other repetitive work, or renovation or modification, to be done according to unit prices. The contracts shall be awarded to the lowest responsible bidder, and shall be based primarily on plans and specifications for typical work. No project shall be performed under a contract of this type except by order of the trustees. No annual contracts may be awarded under these provisions for capital outlay projects, where the total cost of the project exceeds the value of a minor capital outlay project for which, pursuant to Section 10108, the services of the Department of General Services are not required and a state agency or department is authorized to carry out its own project. (b) For purposes of this section, “unit price” means the amount paid for a single unit of an item of work, and “typical work” means a work description applicable universally or applicable to a large number of individual projects, as distinguished from work specifically described with respect to an individual project. (Amended by Stats. 2001, Ch. 219, Sec. 8. Effective January 1, 2002.)
  170. 10720.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Before a contract for a project is entered into, the trustees must have full, complete, and accurate plans, specifications, and cost estimates prepared.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10720. Before entering into any contract for a project, the trustees, pursuant to the powers invested in them by Chapter 8 (commencing with Section 66600) of Part 40 of Division 5 of Title 3 of the Education Code, shall cause to be prepared full, complete, and accurate plans and specifications and estimates of cost, giving such directions as will enable any competent mechanic or other builder to carry them out. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  171. 10721.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees must approve the plans, specifications, and cost estimates and permanently file the original draft or a certified copy before any further action is taken.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10721. The plans, specifications, and estimates of cost shall be approved by the trustees, and the original draft or a certified copy filed permanently in the office of the trustees before further action is taken. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  172. 10722.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Projects generally must be awarded by contract to the lowest responsible bidder, with limited alternatives in emergencies or when the trustees find that bidding is not in the state’s best interests.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10722. Work on all projects shall be done under contract awarded to the lowest responsible bidder pursuant to this chapter, except that it may be done by day’s labor under the direction of the trustees, by contract upon informal bids, or by a combination thereof: (a) When the trustees determine that an emergency exists due to an act of God, earthquake, flood, storm, fire, landslide, public disturbance, vandalism, or other unexpected cause which results in damage to a state-owned building, state-owned real property, or any improvements thereon, for work and remedial measures which are required immediately and which are necessary to protect the public health, safety, and welfare. The trustees shall annually, on or before December 31, report to the Department of Finance and the Joint Legislative Budget Committee the instances in which an exemption from the bidding process was allowed due to “unexpected causes.” (b) At any time after the approval of plans, specifications, and estimates of cost, if the trustees deem the advertising or award of a contract, the acceptance of any bid, or the acceptance of any further bids after the rejection of all submitted bids, is not in the best interests of the state. (Amended by Stats. 1985, Ch. 689, Sec. 1.)
  173. 10723.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    With trustees’ approval, authorized employees may let work by informal bid when using day’s labor, but the work must go only to a valid state contractor’s license holder unless another law exempts it.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10723. Upon the approval of the trustees the authorized employees of the trustees may, when proceeding upon the basis of day’s labor, let any subdivision or unit of the work by contract upon informal bids; but such work shall be let only to a holder of a valid state contractor’s license unless such work is exempt from such licensing requirement by any other provision of law. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  174. 10724.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Bids may be received and contracts may be awarded on a unit basis.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10724. Bids may be received and contracts awarded on a unit basis, that is, the bids compared upon the basis of estimates of the quantities of the work to be done. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  175. 10725.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Trustees must not approve plans, specifications, or cost estimates that would require spending more money than is appropriated for that specific purpose; the section also excepts unit basis contracts from one contract-amount rule.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10725. Except in unit basis contracts, contracts shall not be made exceeding in amount the estimates of costs approved by the trustees. Plans and specifications and estimates of costs, including expense of advertising and inspection, shall not be approved by the trustees requiring a greater expenditure of money than is appropriated for the specific purpose in the law authorizing the expenditure. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  176. 10726.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees may accept bids for several California State University public works projects as one project. If there is more than one appropriation, payments must be split proportionally from the separate appropriations, as determined by the trustees and approved by the Department of Finance.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 2. Plans and Specifications [10720 - 10726] ( Article 2 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10726. The trustees may receive bids for the construction of several public works projects at the California State University as a single project. Where more than one appropriation has been made for the several projects united as a single project under the provisions of this section, payments for the single project shall be made from the separate appropriations on such proportional basis as may be determined by the trustees and approved by the Department of Finance. (Amended by Stats. 2014, Ch. 34, Sec. 37. (SB 860) Effective June 20, 2014.)
  177. 10740.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 3. Advertisement for Bids [10740 - 10743] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    If a project’s estimated contract price is $15,000 or less, the trustees may direct that public notice to bidders be given in the specified publications.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 3. Advertisement for Bids [10740 - 10743] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10740. When it appears from the estimates of cost that the estimated contract price of any project will not exceed fifteen thousand dollars ($15,000), the trustees may direct that public notice to bidders be given as follows: (a) By publication for two consecutive insertions in a weekly trade paper of general circulation, published either in Los Angeles or San Francisco, devoted primarily to the dissemination of contract news among contracting firms; and (b) Once a week for two consecutive weeks in a newspaper of general circulation in the county in which the project is located, or, if located in more than one county in such a newspaper in a county in which a major portion of the work is to be done. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  178. 10741.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 3. Advertisement for Bids [10740 - 10743] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The notices must state when and where sealed bids will be received and opened, and generally describe the work.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 3. Advertisement for Bids [10740 - 10743] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10741. The notices shall state the time and place for the receiving and opening of sealed bids and describe in general terms the work to be done. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  179. 10742.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 3. Advertisement for Bids [10740 - 10743] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    If the estimated contract price is expected to exceed $15,000, public notice to bidders must be published weekly for at least two consecutive weeks, or longer if the trustees think that is necessary.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 3. Advertisement for Bids [10740 - 10743] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10742. If it appears that the estimated contract price will exceed fifteen thousand dollars ($15,000), public notice to bidders shall be given by publication once a week for at least two consecutive weeks, or once a week for more than two consecutive weeks if such longer period of advertising is deemed necessary by the trustees, next preceding the day set for the receiving of bids: (a) In two trade papers of general circulation, one published in Los Angeles and one in San Francisco, devoted primarily to the dissemination of contract and building news among contracting and building material supply firms; or (b) In one newspaper of general circulation published in the county in which the major portion of the project is located, and in one such trade paper published in the county group, as defined in Section 187 of the Streets and Highways Code, in which the work is to be done; or (c) Electronically on the California State University’s Internet Web site. (Amended by Stats. 2014, Ch. 34, Sec. 38. (SB 860) Effective June 20, 2014.)
  180. 10743.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 3. Advertisement for Bids [10740 - 10743] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The notice must state when and where sealed bids will be received and opened, and may require bids for the whole project and separate designated parts if the trustees decide segregation is advisable.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 3. Advertisement for Bids [10740 - 10743] ( Article 3 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10743. The notices shall state the time and place for the receiving and opening of sealed bids and that the bids will be required for the entire project and for the performance of segregate designated parts of the entire project, when the trustees determine that segregation is advisable. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  181. 10760.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees may require bidder questionnaire and financial-statement answers, and for certain higher-cost contracts they must require them, from prospective bidders.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10760. The trustees may require, and on contracts the estimated cost of which exceeds the value of a minor capital outlay project for which, pursuant to the first paragraph of Section 10108, the services of the Department of General Services are not required and a state agency or department is authorized to carry out its own project, the trustees shall require, from prospective bidders, answers to questions contained in a standard form of questionnaire and financial statement including a complete statement of the prospective bidder’s financial ability and experience in performing public works projects. When completed, the questionnaire and financial statement shall be verified under oath by the bidder in the manner in which pleadings in civil actions are verified. (Amended by Stats. 2004, Ch. 417, Sec. 4. Effective January 1, 2005.)
  182. 10761.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees must adopt and use a uniform bidder-rating system.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10761. The trustees shall adopt and apply a uniform system of rating bidders, on the basis of the standard questionnaires and financial statements, in respect to the size of the contracts upon which each bidder is qualified to bid. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  183. 10762.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    For certain federally funded road, street, and bridge projects, a bid or contract is not invalidated just because the bidder or contractor lacks the proper state license, but the first payment cannot be made until certification of proper licensing is provided.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10762. In all projects for road, street, and bridge work where federal funds are involved and where a bidder is required to be and has been prequalified pursuant to Sections 10760 and 10761, no bid submitted or contract thereafter awarded shall be invalidated by the failure of the bidder or contractor to be properly licensed in accordance with the laws of this state, nor shall any such contractor be denied payment under any such contract because of such failure; provided, however, that the first payment for work or material under such contract shall not be made by the Controller unless and until the Registrar of Contractors certifies to him that the records of the Contractors’ State License Board indicate that such contractor was or became properly licensed between the time of bid opening and the making of the certification. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by such laws, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board, and the trustees shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  184. 10763.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Questionnaires and financial statements are not public records and cannot be opened for public inspection.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10763. The questionnaires and financial statements are not public records and are not open to public inspection. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  185. 10764.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees must give each bidder a standard proposal form, and bids submitted on that form may be accepted as the bid. Bids not made on the supplied form are disregarded.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10764. The trustees shall furnish to each bidder a standard proposal form, which, when filled out and executed, may be submitted as the bid. Bids not presented on forms so furnished shall be disregarded. The trustees shall not furnish proposal forms to any person who is required to submit and has not submitted a questionnaire and financial statement for prequalification at least five days prior to the date fixed for publicly opening sealed bids and been prequalified for at least one day prior to that date. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  186. 10765.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Bids must be sealed and include bidder’s security; electronic bids are allowed only if the security is submitted within 24 hours after bids open.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10765. (a) All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder’s security: cash, a cashier’s check, certified check, or a bidder’s bond executed by an admitted surety insurer, made payable to the trustees. The security shall be in an amount equal to at least 10 percent of the amount bid. A bid shall not be considered unless one of the forms of bidder’s security is enclosed with it. (b) A bid described in subdivision (a) may be submitted electronically in accordance with Section 1601, but only if the bidder submits the bidder’s security required by subdivision (a) within 24 hours after the opening of bids. (Amended by Stats. 2007, Ch. 427, Sec. 2. Effective January 1, 2008.)
  187. 10766.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    A bid may not be received after the time fixed in the public notice for opening bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10766. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid shall not be received after that time. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  188. 10767.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    A bidder may withdraw a bid before the bid-opening time by filing a written request with the trustees.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 4. Bids and Bidders [10760 - 10767] ( Article 4 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10767. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the trustees. The request shall be executed by the bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. This section does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  189. 10780.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees must publicly open the sealed bids and award the contract to the lowest responsible bidder on the day named in the public notice.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10780. On the day named in the public notice the trustees shall publicly open the sealed bids and award the contracts to the lowest responsible bidders. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  190. 10780.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees may require public works bids to list additive or deductive item prices, and the solicitation must state how the lowest bid will be determined.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10780.5. The trustees may require a bid for a public works contract to include prices for items that may be added to, or deducted from, the scope of work in the contract for which the bid is being submitted. Whenever additive or deductive items are included in a bid, the bid solicitation shall specify which one of the following methods will be used to determine the lowest bid. In the absence of such a specification, only the method provided by subdivision (a) will be used: (a) The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. (b) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. (c) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that, when taken in order from a specifically identified list of those items in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the trustees before the first bid is opened. (d) The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders or proposed subcontractors or suppliers from being revealed to the public entity before the ranking of all bidders from lowest to highest has been determined. A responsible bidder who submitted the lowest bid as determined by this section shall be awarded the contract, if it is awarded. This section does not preclude the trustees from adding to or deducting from the contract any of the additive or deductive items after the lowest responsible bidder has been determined. (e) Nothing in this section shall preclude the prequalification of subcontractors. (Amended by Stats. 2002, Ch. 455, Sec. 2. Effective January 1, 2003.)
  191. 10781.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    If the successful bidder does not execute the contract, the bidder’s security is forfeited to the state.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10781. If the successful bidder fails to execute the contract, the bidder’s security shall be forfeited to the state. The cash or proceeds shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimates of cost, and publication of notice are paid. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  192. 10782.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    The trustees may award the contract to the second-lowest, then the third-lowest, responsible bidder if the higher bidder refuses or fails to execute the contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10782. If the trustees deem it is for the best interest of the state, they may, on the refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder. If the second lowest responsible bidder fails or refuses to execute the contract, the trustees may likewise award it to the third lowest responsible bidder. On the failure or refusal of the second or third lowest bidder, to whom a contract is so awarded, to execute it, the bidder’s security shall be likewise forfeited to the state. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  193. 10783.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    If the successful bidder does not provide a bond required by law within the time set for contract execution, that counts as failing to execute the contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10783. The failure of the successful bidder to furnish any bond required by law, within the time fixed for execution of the contract, constitutes a failure to execute the contract. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  194. 10784.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Bid securities for the second and third lowest responsible bidders may be withheld until the contract is finally executed, and other unsuccessful bidders’ cash, cashier’s checks, and certified checks must be returned within 10 days after award.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10784. The bidder’s security of the second and third lowest responsible bidders may be withheld until the contract has been finally executed. The cash, cashier’s checks, and certified checks submitted by all other unsuccessful bidders shall be returned to them within 10 days after the contract is awarded, and their bidders’ bonds shall be of no further effect. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  195. 10785.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    If the trustees decide the lowest responsible bid is not in the state’s best interests, they may reject all bids and instead use day’s labor or seek other bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 5. Award of Contracts [10780 - 10785] ( Article 5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10785. If the trustees deem the acceptance of the lowest responsible bid or bids is not for the best interests of the state, they may reject all bids and proceed by day’s labor or advertise for other bids in the manner required by this chapter. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  196. 10820.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Contracts awarded under this chapter must be submitted to the Attorney General or authorized attorney, and a certified copy must be filed with the Controller.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10820. Every contract awarded under this chapter shall be submitted to the Attorney General or the attorney appointed according to law and authorized to represent the trustees. Such a contract is not binding on the state until the appropriate attorney finds it to be in accordance with the requirements of this chapter, and endorses such finding thereon. A certified copy of each contract shall be filed with the Controller, but the failure to so file does not invalidate it. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  197. 10821.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    Every contract must require the contractor to file separate performance and payment bonds, and the bonds must be executed by an admitted surety insurer, subject to trustee approval.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10821. Every contract shall provide for the filing of separate performance and payment bonds by the contractor executed by an admitted surety insurer, subject to the approval of the trustees. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  198. 10822.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    Each bond must be for at least half of the contract price, unless Civil Code Section 9554 provides otherwise.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10822. Each bond shall be in a sum equal to at least one-half of the contract price, except as otherwise provided in Section 9554 of the Civil Code. (Amended by Stats. 2010, Ch. 697, Sec. 46. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  199. 10823.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    A payment bond must secure payment of certain workers’ and suppliers’ claims for work under the contract, and it must include any other provisions required by law.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10823. The payment bond shall secure the payment of the claims of laborers, mechanics, or materialmen employed on the work under the contract and shall contain all other provisions required by law. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  200. 10824.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    A performance bond must guarantee the contractor’s faithful performance of the contract.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10824. The performance bond shall guarantee the faithful performance of the contract by the contractor. (Added by Stats. 1984, Ch. 1128, Sec. 4.)

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