Public Contract Code — Part 3 | PCC — United States — California law | Esheria

Public Contract Code

Part 3 of 9 · provisions 401–600

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

Showing 200 of 1,624

  1. 10825.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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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    Payment on the contract cannot be made until the trustees’ surety-bond order is satisfied.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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. ) ## 10825. No payment shall be made upon the contract to the contractor or any assignee of the contractor until an order by the trustees that a sufficient surety be substituted on the bond, or that a new, additional, or supplemental bond be given, is satisfied. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  2. 10826.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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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    Contracts must state when the work must be completed and set a daily money-forfeiture term for late completion.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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. ) ## 10826. Every contract shall contain a provision in regard to the time when the whole or any specified portion of the work contemplated shall be completed, and shall provide that for each day completion is delayed beyond the specified time, the contractor shall forfeit and pay to the state a specified sum of money, to be deducted from any payments due or to become due to the contractor. The sum so specified is valid as liquidated damages unless manifestly unreasonable under the circumstances existing at the time the contract was made. A contract for a road project may also provide for the payment of extra compensation to the contractor, as a bonus for completion prior to the specified time, such provision, if used, to be included in the specifications and to clearly set forth the basis for such payment. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  3. 10827.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 say that the trustees may change the plans and specifications under 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 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10827. Every contract shall provide that the trustees may make changes in the plans and specifications pursuant to this chapter. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  4. 10828.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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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    The California State University must not approve certain employee health benefit plan contracts unless they comply with specified contraceptive coverage 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 7. Contract Requirements [10820 - 10828] ( Article 7 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10828. Notwithstanding any other law, commencing January 1, 2024, the California State University 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, and Sections 10123.1945 and 10123.196 of the Insurance Code. (Added by Stats. 2022, Ch. 630, Sec. 20. (SB 523) Effective January 1, 2023.)
  5. 10830.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 7.8. Conflict of Interest [10830 - 10833] ( Article 7.8 added by Stats. 2003, Ch. 699, Sec. 6. )

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    A person, firm, or subsidiary that has been awarded a consulting services contract may not later bid on or be awarded related contracts for the contract’s end product after July 1, 2003, 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 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 7.8. Conflict of Interest [10830 - 10833] ( Article 7.8 added by Stats. 2003, Ch. 699, Sec. 6. ) ## 10830. (a) No person, firm, or subsidiary thereof who has been awarded a consulting services contract may submit a bid or be awarded a contract on or after July 1, 2003, for the provision of services, the 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) This section does not apply to 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. (c) This section does not apply to consulting services contracts subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (Added by Stats. 2003, Ch. 699, Sec. 6. Effective January 1, 2004.)
  6. 10831.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 7.8. Conflict of Interest [10830 - 10833] ( Article 7.8 added by Stats. 2003, Ch. 699, Sec. 6. )

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    California State University officers and employees generally may not take outside paid work or financially interested activities tied to CSU-funded or sponsored contracts, and may not contract with a CSU department as an independent contractor.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 7.8. Conflict of Interest [10830 - 10833] ( Article 7.8 added by Stats. 2003, Ch. 699, Sec. 6. ) ## 10831. No officer or employee of the California State University shall engage in any employment, activity, or enterprise for 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 California State University department through or by a California State University contract unless the employment, activity, or enterprise is within the course and scope of the officer’s or employee’s regular California State University employment. No officer or employee in the California State University shall contract on his or her own individual behalf as an independent contractor with any California State University department to provide services or goods. This section shall not apply to officers or employees of the California State University with teaching or research responsibilities. (Added by Stats. 2003, Ch. 699, Sec. 6. Effective January 1, 2004.)
  7. 10832.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 7.8. Conflict of Interest [10830 - 10833] ( Article 7.8 added by Stats. 2003, Ch. 699, Sec. 6. )

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    Certain California State University employees and former employees are barred from entering some contracts tied to work they handled before leaving CSU.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 7.8. Conflict of Interest [10830 - 10833] ( Article 7.8 added by Stats. 2003, Ch. 699, Sec. 6. ) ## 10832. (a) No retired, dismissed, separated, or formerly employed person of the California State University employed with the California State University or otherwise appointed to serve in the California State 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 California State 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 California State University employment. (b) For a period of 12 months following the date of his or her retirement, dismissal, or separation from the California State University, no person employed in the California State University or otherwise appointed to serve in the California State University may enter into a contract with any California State 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 California State University. (c) This section does not prohibit the rehire or reappointment of California State University employees after retirement, consistent with California State University administrative policies, nor does it apply to inventors and authors of intellectual property licensed under technology transfer agreements. (Added by Stats. 2003, Ch. 699, Sec. 6. Effective January 1, 2004.)
  8. 10833.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 7.8. Conflict of Interest [10830 - 10833] ( Article 7.8 added by Stats. 2003, Ch. 699, Sec. 6. )

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    Some California State University contractors must get an identification number and put it on each CSU 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 7.8. Conflict of Interest [10830 - 10833] ( Article 7.8 added by Stats. 2003, Ch. 699, Sec. 6. ) ## 10833. (a) Except as otherwise provided in subdivision (b), each contractor who enters into a contract with a California State University campus for ten thousand dollars ($10,000) or more shall be assigned an identification number by the president of that California State University campus. Each contractor who has been assigned a number shall list it on each contract the contractor enters into with the California State University campus, 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 with that president’s campus. The assigned number shall remain unchanged regardless of future name changes. (b) If the identification numbers cannot be tracked centrally by the Trustees of the California State University, then the trustees, and not the presidents, shall assign the identification numbers. (Added by Stats. 2003, Ch. 699, Sec. 6. Effective January 1, 2004.)
  9. 10840.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    The trustees may increase or decrease the quantities of work under a unit basis contract while the work is in progress.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10840. The trustees may increase or decrease quantities of work to be done under a unit basis contract during the progress of the work. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  10. 10841.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    The trustees may add contract provisions for extra work and materials when they think it is needed for completing the work, if bidders had an equal chance to know the proposed 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10841. The trustees may cause the insertion of provisions in any contract for the performance of such extra work and the furnishing of materials therefor by the contractor as the trustees require for the proper completion or construction of the whole work contemplated, if the bidders have equal opportunity of knowing the proposed terms for the extra work. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  11. 10842.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    The trustees may grant extensions of time for completion if they think that doing so is in the best interests of 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10842. The trustees may grant such extensions of time for completion as they deem for the best interests of the state. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  12. 10843.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    If the trustees think a contractor has fallen behind or used inadequate workers or materials, they may give notice and either supply the needed labor or materials and deduct the cost, or give notice that the contractor’s control may be terminated if the defaults are not fixed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10843. If the trustees deem that a contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified by the contract, the trustees may: (a) After written notice of at least five days to the contractor, specifying the defaults to be remedied, provide any such labor or materials and deduct the cost from any money due or to become due to the contractor under the contract; or (b) If the trustees consider that the failure is sufficient ground for such action, they may give written notice of at least five days to the contractor and the contractor’s sureties, that if the defaults are not remedied the contractor’s control over the work will be terminated. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  13. 10844.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    If defaults are not remedied within the notice period, the contractor’s control ends when that period expires.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10844. If the defaults are not remedied within the time specified in the notice, the contractor’s control shall terminate as of the expiration of that time. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  14. 10845.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    After a termination, the trustees may use the contractor’s materials and equipment on site and may arrange for the work to be finished by the surety, day labor, or other contractors.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10845. Upon such termination, the trustees may take possession of and use all or any part of the contractor’s materials, tools, equipment, and appliances upon the premises to complete the contract. Thereupon, the trustees may permit the surety to complete or cause the contract work to be completed, or they may direct that all or any part of the work be completed by day’s labor or by employment of other contractors on informal contracts, or both. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  15. 10846.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    Informal contracts may be awarded only after a proposal form is prepared, served on the terminated contractor and surety, and three days are allowed; prequalified persons may bid.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10846. Such informal contracts may be awarded only after a proposal form has been prepared, a copy is served upon the contractor whose control has been terminated, and upon his or her surety, and three days allowed thereafter so that he or she may cause others to bid. Any person who is prequalified therefor under Article 4 (commencing with Section 10760) of this chapter may bid on informal contracts. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  16. 10847.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

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    This chapter does not apply to the award of informal contracts, except for prequalifications.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10847. The provisions of this chapter, except as to prequalifications, are not applicable to the award of informal contracts. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  17. 10848.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    If a contractor’s control is terminated or the contractor abandons the work, payment is delayed until the work is fully completed, and any leftover or shortfall is handled based on completion costs and damages.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10848. If the control of a contractor is terminated or he or she abandons the work, and the work is performed by day’s labor or informal contract as provided in Section 10845, he or she is not entitled to receive any portion of the amount to be paid under the contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the state in finishing the work, plus all damages sustained or to be sustained by the state, the excess not otherwise required by law to be retained shall be paid to the contractor, but if such sum exceeds the unpaid balance, the contractor and his or her surety are liable to the state for the excess. If the surety completes the contract work, as provided in Section 10845, such surety shall be subrogated to money due under the contract and to money which shall become due in the course of completion by the surety, to the extent provided by law. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  18. 10849.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    When the contract is completed, the original contractor is entitled to get back unused materials and equipment, tools, and appliances, but cannot claim ordinary depreciation, loss, or wear and tear.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10849. On the completion of the contract, the original contractor is entitled to the return of all his or her unused materials, and his or her equipment, tools, and appliances, except that he or she shall have no claim on account of usual and ordinary depreciation, loss, and wear and tear. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  19. 10850.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Notices required by this article may be served on the contractor or the contractor’s agent in several ways.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10850. The notices required by this article may be served on the contractor or on his or her agent having charge of the work, personally, or by registered mail addressed to the contractor or his or her agent, or, if neither can be located or their addresses are unknown, by posting in a conspicuous place upon the premises of the project. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  20. 10851.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Trustees must prescribe contract payment procedures, keep at least 5% of the contract price until final completion and acceptance, and limit progress payments to no more than 95% of the allowed value 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10851. Payments upon contracts shall be made as the trustees prescribe upon estimates made and approved by the trustees, but progress payments shall not be made in excess of 95 percent of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to or under the control of the state, and unused. The trustees shall withhold not less than 5 percent of the contract price until final completion and acceptance of the project. The Controller shall draw warrants upon estimates so made and approved by the trustees and the Treasurer shall pay them. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  21. 10852.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    This section lets withheld contract money be placed in escrow with the Treasurer if the contractor requests it, pays the expense, and the trustees approve.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10852. At the request and expense of the contractor, and with the approval of the trustees, any amount withheld pursuant to Section 10851 may be deposited with the Treasurer as the escrow agent, who shall pay such moneys to the contractor upon the placing of securities eligible for the investment of state funds under Section 16430 of the Government Code or bank certificates of deposit into such escrow account by the contractor. “Approval of the trustees,” as used in this section, means that the trustees may, in their discretion, allow or deny the request of the contractor to avail itself of the provisions of this section and that the trustees may, in their discretion, allow the request of the contractor upon the satisfaction of conditions which may be specified by the trustees. The contractor shall be beneficial owner of any securities in an escrow account pursuant to this section and shall receive any interest thereon. Any escrow agreement entered into pursuant to this section shall contain as a minimum, the following provisions: (a) The amount of securities to be deposited; such amount shall not be less than the amount which would otherwise be withheld pursuant to Section 10851; (b) The terms and conditions of conversion to cash in case of the default of the contractor; and (c) The termination of the escrow upon completion of the contract. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  22. 10853.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    If trustees miss a timely progress payment on a construction contract, they must pay interest; they must also review payment requests promptly and return improper ones within 7 days with written reasons.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 8. Modifications; Performance; Payment [10840 - 10853] ( Article 8 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10853. (a) If the trustees fail to make a progress payment on a contract within 39 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract, the trustees shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. If the payment is not made within 39 days of receipt of the contractor’s request, and the Controller has processed the payment within 14 days of the receipt of the request, the trustees shall pay interest to the contractor equivalent to the legal rate as provided in subdivision (a) of Section 685.010 of the Code of Civil Procedure. If the payment is not made within 39 days of receipt of the contractor’s request, and the trustees have processed the payment within 25 days after the receipt of the request, the Controller shall pay interest equivalent to the legal rate as provided in subdivision (a) of Section 685.010 of the Code of Civil Procedure. (b) Upon receipt of a payment request, the trustees shall act in accordance with the following: (1) Each payment request shall be reviewed by the trustees as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. (3) Upon request from the trustees, the Controller may elect to expedite each payment request and may charge the trustees an appropriate amount, as determined by the Controller, for costs incurred in expediting the payment request. (c) The number of days available to the trustees to make a payment without incurring interest shall be reduced by the number of days by which the trustees exceed the seven-day return requirement set forth in paragraph (2) of subdivision (b). (d) A properly submitted payment request shall be defined as the date upon which the trustees receive a payment request, certified in accordance with the contract, at the address identified in the contract. (e) For purposes of this section: (1) A “progress payment” includes all payments due contractors, except that portion of the final payment withheld pursuant to Section 10851. (2) A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the Controller. (Added by Stats. 1992, Ch. 799, Sec. 1. Effective January 1, 1993.)
  23. 10870.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    An officer or employee of the trustees commits a felony if they corruptly perform an official act 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 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10870. Any officer or employee of the trustees who corruptly performs any official act to the injury of the state, is guilty of a felony. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  24. 10871.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    A contractor, agent, or employee who corruptly allows a violation of a contract under this chapter, and thereby injures the state, commits 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 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10871. Any contractor or his or her agent or employee who corruptly permits the violation of any contract awarded under this chapter to the injury of the state is guilty of a felony. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  25. 10872.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    A subcontractor, agent, or employee who knows of work violating a contract must immediately notify the trustees, inspector, or resident engineer; failing to do so is 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 2.5. California State University Contract Law [10700 - 11005] ( Chapter 2.5 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## ARTICLE 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10872. Any subcontractor or agent or employee of any contractor or subcontractor, who has knowledge of any work being done in violation of any contract under this chapter and does not immediately notify the trustees or the inspector or resident engineer upon the project of the violation, is guilty of a felony. (Added by Stats. 1984, Ch. 1128, Sec. 4.)
  26. 10873.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    Felonies covered by this section are punishable by imprisonment under Penal Code section 1170(h).

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10873. Such felonies are punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (Amended by Stats. 2011, Ch. 15, Sec. 556. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  27. 10874.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    People whose acts are made crimes by this article are liable to the state for double the amount the state may have lost, or may lose, because of those acts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 10874. Such persons 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. 1984, Ch. 1128, Sec. 4.)
  28. 1100.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. )

    Verify source ↗

    This section defines “public entity” for this part of the code.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. ) ## 1100. “Public entity,” as used in this part, means the state, county, city, city and county, district, public authority, public agency, municipal corporation, or any other political subdivision or public corporation in the state. (Added by Stats. 1982, Ch. 1120, Sec. 3.)
  29. 1100.7.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. )

    Verify source ↗

    This code forms the basis of contracts between most public entities and their contractors and subcontractors; for charter cities, it applies unless there is an express exemption or a conflicting charter provision or ordinance.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. ) ## 1100.7. This code is the basis of contracts between most public entities in this state and their contractors and subcontractors. With regard to charter cities, this code applies in the absence of an express exemption or a city charter provision or ordinance that conflicts with the relevant provision of this code. (Added by Stats. 2001, Ch. 832, Sec. 1. Effective January 1, 2002.)
  30. 11005.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. )

    Verify source ↗

    In this code, “spouse” includes a “registered domestic partner.”

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, 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 9. Offenses [10870 - 11005] ( Article 9 added by Stats. 1984, Ch. 1128, Sec. 4. ) ## 11005. “Spouse,” as used in this code, includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 91. (SB 1005) Effective January 1, 2017.)
  31. 1101.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. )

    Verify source ↗

    This section defines “public works contract” for this part.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. ) ## 1101. “Public works contract,” as used in this part, means an agreement for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Added by Stats. 1982, Ch. 1120, Sec. 3.)
  32. 1102.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. )

    Verify source ↗

    This section defines “emergency” for this code.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. ) ## 1102. “Emergency,” as used in this code, means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. (Added by Stats. 1994, Ch. 803, Sec. 1. Effective January 1, 1995.)
  33. 1103.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. )

    Verify source ↗

    This section defines “responsible bidder” for this part.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. ) ## 1103. “Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract. The Legislature finds and declares that this section is declaratory of existing law. (Added by Stats. 1999, Ch. 972, Sec. 2. Effective January 1, 2000.)
  34. 1104.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. )

    Verify source ↗

    Local public entities, charter cities, and charter counties may not make bidders responsible for the accuracy or completeness of architectural or engineering plans and specifications on public works projects, except on clearly designated design-build projects.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1. Definitions [1100 - 1104] ( Chapter 1 added by Stats. 1982, Ch. 1120, Sec. 3. ) ## 1104. No local public entity, charter city, or charter county shall require a bidder to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications on public works projects, except on clearly designated design build projects. Nothing in this section shall be construed to prohibit a local public entity, charter city, or charter county from requiring a bidder to review architectural or engineering plans and specifications prior to submission of a bid, and report any errors and omissions noted by the contractor to the architect or owner. The review by the contractor shall be confined to the contractor’s capacity as a contractor, and not as a licensed design professional. (Added by Stats. 1999, Ch. 875, Sec. 1. Effective January 1, 2000.)
  35. 12100.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

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    This section assigns procurement authority for information technology goods and services between the Department of Technology and the Department of General 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12100. (a) The Legislature finds that the unique aspects of information technology goods and services and their importance to state programs warrant a separate body of governing statutes. The Legislature further finds that this separate body of governing statutes should enable the timely acquisition of information technology goods and services to meet the state’s needs in the most value-effective manner. (b) (1) All contracts for the acquisition of information technology goods and services related to information technology projects defined in Chapter 4800 of the State Administrative Manual shall be made by or under the supervision of the Department of Technology consistent with this chapter. (2) The Department of Technology shall have the authority necessary for the acquisition of information technology goods and services related to information technology projects as prescribed in this chapter. (c) The Department of Technology shall have the final authority in the determination of information technology procurement policy. (d) The Department of Technology shall have the final authority in the determination of information technology procurement procedures applicable to acquisitions subject to subdivision (b) and telecommunications procurements made pursuant to Section 12120. (e) The Department of Technology shall have the final authority in the determination of procurement policy in telecommunications procurements made pursuant to Section 12120. (f) Except as expressly provided in subdivision (b), all contracts for the acquisition of information technology goods or services, whether by lease or purchase, shall be made by or under the supervision of the Department of General Services. (g) Except as expressly provided in subdivision (d), the Department of General Services shall have the final authority in the determination of information technology procurement procedures. This includes, but is not limited to, the following: (1) Acquisitions delegated by the Department of General Services pursuant to paragraph (1) of subdivision (e) of Section 12102.2, if the Department of Technology has also delegated project authority pursuant to subdivision (b) of Section 11546 of the Government Code. (2) Acquisitions of information technology goods or services relating to information technology projects delegated by the Department of Technology under subdivision (b) of Section 11546 of the Government Code, but not delegated by the Department of General Services under paragraph (1) of subdivision (e) of Section 12102.2. (3) If the Department of Technology has not delegated project authority pursuant to subdivision (b) of Section 11546 of the Government Code, but the Department of General Services has delegated acquisition authority pursuant to paragraph (1) of subdivision (e) of Section 12102.2 and the Department of Technology has authorized the state agency to conduct the acquisition. (Amended by Stats. 2018, Ch. 37, Sec. 50. (AB 1817) Effective June 27, 2018.)
  36. 12100.5.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

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    These university governing bodies are generally not subject to this chapter, but the trustees must develop policies and the board must adopt policies and procedures in their manuals.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12100.5. The Regents of the University of California, the Trustees of the California State University, and the Board of Governors of the California Community Colleges shall not be subject to this chapter except that the trustees shall develop policies and procedures maintained in its state university administrative manual and the board shall adopt policies and procedures maintained in its administrative manual that further the legislative policies for contracting expressed in this chapter but without the involvement of the Director of Finance, the Director of General Services, the Department of Finance, the Department of General Services, the Director of Technology, or the Department of Technology. (Amended by Stats. 2013, Ch. 28, Sec. 52. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  37. 12100.6.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

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    The California State University trustees must organize required reports so that each campus is individually shown when 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12100.6. The Trustees of the California State University are subject to Article 1.5 (commencing with Section 10115) of Chapter 1. The contents of any report that the trustees are required to submit to the Governor and the Legislature pursuant to that article shall be organized so that, whenever applicable, each campus is individually featured. (Added by Stats. 1993, Ch. 1097, Sec. 6. Effective January 1, 1994.)
  38. 12100.7.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

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    This section defines terms used in the chapter on acquiring information technology goods and 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12100.7. As used in this chapter: (a) “Multiple award schedule” (MAS) is an agreement established between the General Services Administration of the United States and certain suppliers to do business under specific prices, terms, and conditions for specified goods, information technology, and services. (b) “Multiple award” means a contract of indefinite quantity for one or more similar goods, information technology, or services to more than one supplier. (c) “Procedures” means the rules, methods, and practices to be followed in conducting information technology procurements. (d) “Policies” means determining what information technology goods or services are to be purchased and by whom. (e) For purposes of this chapter, “value-effective acquisition” may be defined to include, but not be limited to, the following: (1) The operational cost that the state would incur if the bid or proposal is accepted. (2) Quality of the product or service, or its technical competency. (3) Reliability of delivery and implementation schedules. (4) The maximum facilitation of data exchange and systems integration. (5) Warranties, guarantees, and return policy. (6) Supplier financial stability. (7) Consistency of the proposed solution with the state’s planning documents and announced strategic program direction. (8) Quality and effectiveness of business solution and approach. (9) Industry and program experience. (10) Prior record of supplier performance. (11) Supplier expertise with engagements of similar scope and complexity. (12) Extent and quality of the proposed participation and acceptance by all user groups. (13) Proven development methodologies and tools. (14) Innovative use of current technologies and quality results. (Amended by Stats. 2013, Ch. 28, Sec. 53. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  39. 12101.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

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    This section says the Department of Technology and the Department of General Services should develop policies and procedures for IT procurement that are efficient, value-effective, competitive, and include delegation, bid-process exclusions, and protest review.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12101. It is the intent of the Legislature that policies and procedures developed by the Department of Technology and the Department of General Services in accordance with this chapter provide for the following: (a) The expeditious and value-effective acquisition of information technology goods and services to satisfy state requirements. (b) The acquisition of information technology goods and services within a competitive framework. (c) The delegation of authority by the Department of General Services to each state agency that has demonstrated to the department’s satisfaction the ability to conduct value-effective information technology goods and services acquisitions. (d) The exclusion from state bid processes, at the state’s option, of any supplier having failed to meet prior contractual requirements related to information technology goods and services. (e) The review and resolution of protests submitted by any bidders with respect to any information technology goods and services acquisitions. (Amended by Stats. 2013, Ch. 28, Sec. 54. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  40. 12101.2.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

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    The Department of General Services must pre-negotiate recurring model contract terms with interested vendors for certain IT and telecommunications procurements, and parties must give required notice or identify requested changes within the stated timeframes.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12101.2. The Department of General Services shall prenegotiate the repetitively used terms and conditions in the state’s model contract with each interested vendor who bids or proposes on electronic data processing or telecommunications procurements. The contract language shall be kept on file, as a matter of public record, and shall remain operational until either the state or the vendor provides 30 days’ notice to the other party that new negotiations are deemed appropriate. If, for a particular procurement, the state seeks to make any further changes to either the negotiated or the standard contract language, or both, it shall identify those changes to each bidder or proposer prior to the due date for the bid or proposal. If for a particular procurement, a bidder or proposer seeks to propose a negotiated change or standard contract language change, it shall make this identification within the timeframe identified in the solicitation document. (Amended by Stats. 2013, Ch. 28, Sec. 55. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  41. 12101.5.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

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    State agencies may use multiple award contracts for certain goods and services, and the Department of General Services must administer the 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12101.5. (a) It is the intent of the Legislature that agencies of the state use an acquisition method that is compatible with their short- and long-term fiscal needs in contracts relating to commodities and information technology goods and services. State agencies should be able to specify their anticipated life cycle requirements that would become one of the criteria for contractor selection. These agencies should be given the choice of suppliers to meet statewide standardization needs, unique service requirements, application requirements, and long-term satisfaction criteria. There is a need for the state to enter into long-term contracts with annual cancellation and fund-out clauses, as required, to protect the state’s interests as well as provide the option for multiyear renewals to encourage suppliers to develop higher levels of service and support throughout the contracts. (b) The state may utilize multiple awards, including federal General Service Administration Multiple Awards Schedules and master agreements or contracts for goods, information technology, services, or consulting services. For purposes of this subdivision, a multiple award is an award of an indefinite quantity contract for one or more similar goods, information technology, or services to more than one supplier. Except for possible multiple awards as permitted by this subdivision, and except as described in subdivision (d), all the requirements of this chapter pertaining to other types of information technology acquisitions shall be followed. The Department of General Services shall administer this section and ensure that multiple award schedules are in compliance with all other applicable statutes. (c) Notwithstanding any other provision of law, state agencies, in exercising their contracting authority delegated by the Department of General Services, may contract with suppliers who have multiple award schedules with the General Services Administration of the United States on the same terms, conditions, and prices if the supplier is willing to do so. The Department of General Services may also develop multiple award schedules or agreements for use by state agencies in the same manner. The Department of General Services shall determine the delegation contracting authority for agencies wishing to use multiple award schedules. (d) For contracts related to information technology integration or development projects that generate revenues or achieve savings over a quantifiable baseline of existing costs, state agencies shall consider and may incorporate performance-based or share-in-savings contract terms to manage risks and create incentives for successful contract performance. Performance-based or share-in-savings contracts may have the following characteristics, among others: (1) Contract terms that specify business outcomes to be achieved, not the solution to be provided. (2) Contract terms that structure the contract to maintain maximum vendor commitment to project success and minimize risk to the state by sharing risk with the private sector. (3) Utilization of “best value” evaluation methods, which means to select the solution that will achieve the best result based on business performance measures, not necessarily the lowest price. (4) Contract terms that base payments to the vendor primarily on achieving predefined performance measures. (Amended by Stats. 2013, Ch. 28, Sec. 56. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  42. 12101.7.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

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    Reverse auctions may be used to buy information technology under this section, subject to Section 10290.3, and “reverse auction” is defined here.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12101.7. (a) Notwithstanding the sealed bidding provisions of this chapter, reverse auctions may be utilized for the acquisition of information technology, in accordance with the procedures set forth in Section 10290.3. (b) For purposes of this section, “reverse auction” means a competitive online solicitation process for fungible information technology in which vendors compete against each other online in real time in an open and interactive environment. (Added by Stats. 2003, Ch. 266, Sec. 2. Effective January 1, 2004.)
  43. 12102.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

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    State departments must keep IT acquisition and disposal policies in the State Administrative Manual, and IT acquisitions are generally required to use competitive methods unless an 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12102. (a) The Department of General Services shall maintain, in the State Administrative Manual, all policies and procedures governing the acquisition and disposal of information technology goods and services, including, but not limited to, the policies and procedures that the Department of Technology is authorized to establish for the acquisition of information technology projects. The Department of Technology shall provide a link to information technology policies and procedures in the State Administrative Manual on the homepage of the Internet Web site. (b) Except as specified in Section 12102.1, acquisition of information technology goods and services shall be conducted through competitive means, except when the Director of General Services determines that (1) the goods and services proposed for acquisition are the only goods and services which can meet the state’s need, or (2) the goods and services are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare, or safety. The acquisition mode to be used and the procedure to be followed shall be approved by the Director of General Services. The Department of General Services shall maintain, in the State Administrative Manual, appropriate criteria and procedures to ensure compliance with the intent of this chapter. These criteria and procedures shall include acquisition and contracting guidelines to be followed by state agencies with respect to the acquisition of information technology goods and services. These guidelines may be in the form of standard formats or model formats. (Amended by Stats. 2013, Ch. 28, Sec. 57. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  44. 12102.1.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

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    The Department of Technology must set procurement policies and procedures for certain IT and telecommunications acquisitions, and those acquisitions generally must use competitive means unless the Director of Technology approves an 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12102.1. (a) The Department of Technology shall establish in the State Administrative Manual all of the following: (1) Policies governing the acquisition of information technology projects. (2) Procedures governing the acquisition of information technology projects reportable under Chapter 4800 of the State Administrative Manual and not delegated under subdivision (e) of Section 12102.2. (3) Policies and procedures governing the acquisition of telecommunications goods and services, as authorized under Section 12120. (b) Acquisition of information technology goods and services that are subject to subdivision (a) shall be conducted through competitive means, except when the Director of Technology determines that (1) the goods and services proposed for acquisition are the only goods and services that can meet the state’s need, or (2) the goods and services are needed for an emergency and immediate acquisition and are necessary for the protection of the public health, welfare, or safety. The acquisition mode to be used and the procedure to be followed shall be approved by the Director of Technology. The Department of Technology shall establish, in the State Administrative Manual, appropriate criteria and procedures to ensure compliance with the intent of this chapter. These criteria and procedures shall include acquisition and contracting guidelines to be followed by state agencies with respect to the acquisition of information technology projects that are reportable under State Administrative Manual Section 4800 et seq. These guidelines may be in the form of standard formats or model formats. (Added by Stats. 2013, Ch. 28, Sec. 58. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  45. 12102.2.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

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    This section sets rules for state IT procurement, including value-based awards, objective evaluation criteria, protest procedures, delegated acquisition limits, and supplier exclusion 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12102.2. (a) Contract awards for all large-scale systems integration projects shall be based on the proposal that provides the most value-effective solution to the state’s requirements, as determined by the evaluation criteria contained in the solicitation document. Evaluation criteria for the acquisition of information technology goods and services, including systems integration, shall provide for the selection of a contractor on an objective basis not limited to cost alone. (1) The Department of Technology shall invite active participation, review, advice, comment, and assistance from the private sector and state agencies in developing procedures to streamline and to make the acquisition process more efficient, including, but not limited to, consideration of comprehensive statements in the request for proposals of the business needs and governmental functions, access to studies, planning documents, feasibility study reports and draft requests for proposals applicable to solicitations, minimizing the time and cost of the proposal submittal and selection process, and development of a procedure for submission and evaluation of a single proposal rather than multiple proposals. (2) Solicitations for acquisitions based on evaluation criteria other than cost alone shall provide that sealed cost proposals shall be submitted and that they shall be opened at a time and place designated in the solicitation for bids and proposals. Evaluation of all criteria, other than cost, shall be completed before the time designated for public opening of cost proposals, and the results of the completed evaluation shall be published immediately before the opening of cost proposals. The state’s contact person for administration of the solicitation shall be identified in the solicitation for bids and proposals, and that person shall execute a certificate under penalty of perjury, which shall be made a permanent part of the official contract file, that all cost proposals received by the state have been maintained, sealed and under lock and key, until the time cost proposals are opened. (b) The acquisition of hardware acquired independently of a system integration project may be made on the basis of lowest cost meeting all other specifications. (c) The 5 percent small business preference provided for in Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3 of Title 2 of the Government Code and the regulations implementing that chapter shall be accorded to all qualifying small businesses. (d) For all transactions formally advertised, evaluation of bidders’ proposals for the purpose of determining contract award for information technology goods shall provide for consideration of a bidder’s best financing alternatives, including lease or purchase alternatives, if any bidder so requests, not less than 30 days prior to the date of final bid submission, unless the acquiring agency can prove to the satisfaction of the Department of General Services that a particular financing alternative should not be so considered. (e) Notwithstanding Section 12100: (1) Acquisition authority may be delegated by the Director of General Services, in consultation with the Department of Technology, to any state agency that has been determined to be capable of effective use of that authority. This authority may be limited by the Department of General Services. A state agency shall not conduct an acquisition for information technology goods and services related to an information technology project under delegated acquisition authority pursuant to this section unless the Department of Technology has done one of the following: (A) Delegated project authority to that state agency pursuant to Section 11546 of the Government Code. (B) Authorized the state agency to conduct the acquisition. (2) Acquisitions conducted under delegated acquisition authority shall be reviewed by the Department of General Services on a selective basis. (3) The Department of General Services 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. (f) To the extent practical, the solicitation documents shall provide for a contract to be written to enable acquisition of additional items to avoid essentially redundant acquisition processes when it can be determined that it is economical to do so. (g) Protest procedures shall be developed to provide bidders an opportunity to protest any formal, competitive acquisition conducted in accordance with this chapter. The procedures shall provide that protests must be filed no later than five working days after the issuance of an intent to award. Authority to protest may be limited to participating bidders. The Director of Technology, or a person designated by the director, may consider and decide on initial protests of bids for information technology projects conducted by the Department of Technology and telecommunications procurement made pursuant to Section 12120. The Director of General Services, or a person designated by the director, may consider and decide on initial protests of all other information technology acquisitions. A decision regarding an initial protest shall be final. If, before the last day to protest, any bidder who has submitted an offer files a protest with the department against the awarding of the contract on the ground that their bid or proposal should have been selected in accordance with the selection criteria in the solicitation document, the contract shall not be awarded until either the protest has been withdrawn or the Department of General Services has made a final decision as to the action to be taken relating to the protest. Within 10 calendar days after filing a protest, the protesting bidder shall file with the Department of General Services a full and complete written statement specifying in detail the grounds of the protest and the facts in support thereof. (h) Consistent with the procedures established and administered by the Department of General Services, information technology goods that have been determined to be surplus to state needs shall be disposed of in a manner that will best serve the interests of the state. Procedures governing the disposal of surplus goods may include auction or transfer to local governmental entities. (i) A supplier may be excluded from bid processes if the supplier’s performance with respect to a previously awarded contract has been unsatisfactory, as determined by the state in accordance with established procedures that shall be maintained in the State Administrative Manual. This exclusion shall not exceed 36 months for any one determination of unsatisfactory performance. Any supplier excluded in accordance with this section shall be reinstated as a qualified supplier at any time during this 36-month period, upon demonstrating to the Department of General Services’ satisfaction that the problems that resulted in the supplier’s exclusion have been corrected. (Amended by Stats. 2022, Ch. 517, Sec. 2. (AB 661) Effective January 1, 2023.)
  46. 12102.3.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

    Verify source ↗

    The department must evaluate certain information technology contracts at or above $500,000 and use a standard postevaluation form.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12102.3. (a) The department shall conduct a postevaluation of each contract for the acquisition of information technology services totaling five hundred thousand dollars ($500,000) or more that it executes. (b) The department shall evaluate the performance of the contractor in doing the work for which the contract was awarded. The department shall base a postevaluation on objective facts and support them with program and contract performance data. The Department of Technology and the Department of General Services shall jointly develop a standard form or forms and the procedures to implement this section. Each department shall use the standard form or forms that contain objective postevaluation factors or metrics appropriate to the nature of the information technology service and project type. In developing a standard postevaluation form or forms under this subdivision, the Department of Technology and the Department of General Services shall jointly gather feedback from stakeholders in the information technology industry to ensure that the use of any factors or metrics on the standard form or forms are appropriate to the nature of the information technology service or project type. A public official who signs a postevaluation shall confirm its accuracy. The department shall use a standard form developed pursuant to this subdivision to report on all of the following: (1) Whether the contracted work was completed within the time specified in the contract. (2) Whether the contracted work was completed within the budget specified in the contract. (3) Factors outside the control of the contractor that caused difficulties in contractor performance. (4) Other information the department, the Department of Technology, or the Department of General Services may require. (c) If the contractor’s performance was judged unsatisfactory on any of the factors or metrics specified in a standard postevaluation form developed pursuant to subdivision (b) and was not mitigated by any factors or metrics outside the control of the contractor that may have caused difficulties in the contractor’s performance, the postevaluation shall be considered unsatisfactory for the purposes of subdivisions (e) and (f). (d) The postevaluation shall be prepared within 60 days of the completion of the contract. (e) Postevaluations shall remain on file at the offices of the department for a period of 36 months following contract completion. The department conducting the postevaluation shall place one copy of the postevaluation form in the department’s contract file and, if the department is not the Department of Technology, send one copy of the form to the Department of Technology within five working days of the completion of the postevaluation. The postevaluations and contractor responses on file shall not be public records. The Department of Technology shall act as a central depository for all departments making postevaluations or desiring information on a contractor’s record with the state and shall send a copy of any postevaluation report and response to the contracting manager or contracting officer of any department, upon request. Failure by a department to send a postevaluation to the Department of Technology may be grounds for the rejection of future delegation of information technology projects pursuant to Section 11546 of the Government Code. (f) (1) Upon submitting an unsatisfactory postevaluation to the Department of Technology, the department shall notify and send a copy of the postevaluation to the contractor within 15 days. (2) A contractor may comment on a negative postevaluation. Comments made pursuant to this paragraph shall be submitted to the department and the Department of Technology, to be attached to and filed with the copies of the postevaluation required to be filed pursuant to subdivision (e). (g) For purposes of this section, the following definitions shall apply: (1) “Department” means the state agency that receives the information technology services. (2) “Information technology services” means services, including, but not limited to, information technology personal services and information technology consulting services, acquired in connection with an information technology project, as defined in Section 4819.2 of the State Administrative Manual. (Added by Stats. 2019, Ch. 496, Sec. 1. (AB 971) Effective January 1, 2020.)
  47. 12103.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

    Verify source ↗

    The Department of Technology and the Department of General Services may include certain procurement options in policies and procedures for IT 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12103. In addition to the mandatory requirements enumerated in Sections 12102, 12102.1, and 12102.2, the acquisition policies and procedures developed by the Department of Technology and the Department of General Services in accordance with this chapter may provide for the following: (a) Price negotiation with respect to contracts entered into in accordance with this chapter. (b) System or equipment component performance, or availability standards, including an assessment of the added cost to the state to receive contractual guarantee of a level of performance. (c) Requirement of a bond or assessment of a cost penalty with respect to a contract or consideration of a contract offered by a supplier whose performance has been determined unsatisfactory in accordance with established procedures maintained in the State Administrative Manual as required by Section 12102. (Amended by Stats. 2013, Ch. 28, Sec. 60. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  48. 12103.5.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

    Verify source ↗

    When an RFP is appropriate for certain IT purchases, the controlling department must identify and document specified procurement information before releasing the RFP.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12103.5. For those information technology purchases for which the Department of General Services or the Department of Technology determines that a request for proposal (RFP) is appropriate, the controlling department, as specified under Section 12100, shall identify and document the following, with respect to information technology procurements, prior to releasing the RFP: (a) Identify the legislative mandate, state business, or operational reason for the information technology procurement. (b) Identify the existing business processes currently used to accomplish the legislative mandate, state business, or operational reason. (c) Identify the most important priorities for the information technology project to accomplish. (d) Identify what current technology is being used and how it is being used. (e) If the data used in a proposed information technology system comes from multiple sources, identify the existing business processes or technical systems that produce and maintain the source data to ensure interoperability. (f) Identify how the new information technology project leverages existing technology investments while accomplishing its business objectives. (Amended by Stats. 2013, Ch. 28, Sec. 61. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  49. 12104.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

    Verify source ↗

    The State Contracting Manual must set the procedures for state bids to buy information technology, revisions must be publicly announced, and the Department of Technology must review IT requests for proposals before public release.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12104. (a) (1) The State Contracting Manual shall set forth all procedures and methods that shall be used by the state when seeking to obtain bids for the acquisition of information technology. (2) Revisions to the manual must be publicly announced, including, but not limited to, postings on the Internet Web site homepage of the Department of General Services. The Department of Technology shall provide a link to the State Contracting Manual on its Internet Web site homepage. (b) The Department of General Services and the Department of Technology in accordance with this chapter shall develop, implement, and maintain standardized methods for the development of all information technology requests for proposals. (c) All information technology requests for proposals shall be reviewed by the Department of Technology prior to release to the public. (Amended by Stats. 2013, Ch. 28, Sec. 62. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  50. 12104.5.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

    Verify source ↗

    For certain IT procurements using an RFP, the RFP rules and later changes must be shared in writing with bidding vendors and posted publicly; bids may not be scored using extra requirements outside the law, published RFP, or posted addendums.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12104.5. (a) All rules and requirements governing an information technology acquisition, for which the Department of General Services or the Department of Technology determines that a request for proposal (RFP) is appropriate, shall be communicated in writing to all vendors that have expressed an intent to bid and shall be posted in a public location. Any changes to the rules and requirements governing that RFP shall be communicated in writing to all vendors that have expressed an intent to bid and shall be posted in a public location. Requirements other than those provided by law or outside of the published RFP and posted addendums shall not be used to score bids. (b) (1) All requests for proposals 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) The Department of General Services shall post in the State Contracting Manual instructions for including the statement required by paragraph (1) in all affected contracts. (3) 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. (c) The requirements of this section shall be in addition to any other requirement provided by law. (Amended by Stats. 2013, Ch. 28, Sec. 63. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  51. 12105.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

    Verify source ↗

    The Department of General Services and the Department of Technology must coordinate on developing policies and procedures to carry out 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12105. The Department of General Services and the Department of Technology shall coordinate in the development of policies and procedures that implement the intent of this chapter. (Amended by Stats. 2013, Ch. 28, Sec. 64. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  52. 12106.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

    Verify source ↗

    The Department of General Services and the Department of Technology may adopt necessary rules and regulations for this chapter, in addition to meeting the mandatory requirements in Sections 12102, 12102.1, and 12102.2.

    ## 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12106. The Department of General Services and the Department of Technology may, in addition to fulfilling the mandatory requirements enumerated in Sections 12102, 12102.1, and 12102.2, adopt such rules and regulations as are necessary for the purposes of this chapter. (Amended by Stats. 2013, Ch. 28, Sec. 65. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  53. 12108.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

    Verify source ↗

    Until the required procedures are published in the State Administrative Manual, information technology goods and services must be handled under existing manual procedures or under a specified Government Code article, as determined by the Department of General 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12108. Until the time that the Department of General Services and the Department of Technology have published in the State Administrative Manual the procedures required in accordance with Section 12102, acquisitions of information technology goods and services shall be accomplished in accordance with either existing State Administrative Manual procedures for the acquisition of information technology goods and services, or Article 2 (commencing with Section 14790) of Chapter 6 of Part 5.5 of Division 3 of Title 2 of the Government Code, as determined by the Department of General Services. (Amended by Stats. 2013, Ch. 28, Sec. 66. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  54. 12109.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

    Verify source ↗

    The Director of General Services and the Director of Technology may make their department services available to tax-supported public agencies in the state, including school districts, on satisfactory terms and conditions, to help them acquire information technology goods or 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 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12109. The Director of General Services and the Director of Technology may make the services of their respective departments under this chapter available, upon the terms and conditions that may be deemed satisfactory, to any tax-supported public agency in the state, including a school district, for assisting the agency in the acquisition of information technology goods or services. (Amended by Stats. 2013, Ch. 28, Sec. 67. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  55. 12112.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

    Verify source ↗

    This section sets minimum contract withholding levels for certain information technology contracts and requires the Department of General Services to maintain risk-evaluation criteria.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12112. (a) Any contract for information technology goods or services, to be manufactured or performed by the contractor especially for the state and not suitable for sale to others in the ordinary course of the contractor’s business may provide, on the terms and conditions that the controlling department, as specified in Section 12100, 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 or services. Notwithstanding this subdivision, if the department determines that lesser withholding levels are appropriate based upon an evaluation of risk determined under subdivision (b) and the contract price is ten million dollars ($10,000,000) or more, the department shall withhold no less than 5 percent of the contract price until final delivery and acceptance of the goods or services. If the department determines that lesser withholding levels are appropriate based on an evaluation of risk determined under subdivision (b) and the contract price is less than ten million dollars ($10,000,000), the department shall withhold no less than 3 percent of the contract price until final delivery and acceptance of the goods or services. (b) The Department of General Services, in consultation with the Department of Finance, shall develop and maintain criteria for the evaluation of risk to the state that results from the acquisition of information technology. This risk analysis shall determine the need for financial protection that is in the best interest of the state, including, but not limited to, any of the following: (1) An acceptable performance bond as described in Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure. (2) Any surety as defined in Section 2787 of the Civil Code. (3) A letter of credit as described in Division 5 (commencing with Section 5101) of the Commercial Code. (4) Protection in the form of contract terms. (5) Any other form of security or guaranty of performance in an amount sufficient to protect the state in the case of default by the contractor providing information technology, or any other breach or malfunction of the goods or services, or both. (c) For purposes of this section, “information technology” means information technology goods or services, or both, as appropriate. (Amended by Stats. 2013, Ch. 28, Sec. 68. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  56. 12113.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. )

    Verify source ↗

    State and local agencies may make telecommunications-service agreements and financing agreements, but they may not use this section to change or bypass existing acquisition procedures or agency acquisition authority.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3. Acquisition of Information Technology Goods and Services [12100 - 12113] ( Heading of Chapter 3 amended by Stats. 2000, Ch. 776, Sec. 38. ) ## 12113. (a) Notwithstanding any other provision of law, state and local agencies may enter into agreements to pay for telecommunications services to be utilized beyond the current fiscal year. “Telecommunications services” for purposes of this section shall include, but not be limited to, central office-based leased communications systems equipped with primary station lines, capable of receiving in-dialed voice and data communications and capable of out-dialing voice and data communications and any customer premised equipment, software and installation costs necessary for utilization by the state or local agency. (b) State and local agencies may enter into financing agreements for the acquisition of telecommunications services whenever the state or local agency may derive monetary benefit and greater services as a result of its ability to acquire capital at lower interest cost than the supplier of those services can provide directly to the agency or whenever the state or local agency may obtain a reduced cost of service based on length of agreement if offered by the supplier of telecommunications service. (c) Acquisition requirements for financing of telecommunications goods and services shall be considered to have been met whenever the financing is within the scope of public sector requests for proposals or whenever the financing is offered by a sole source provider or that provider’s assignee. (d) The provisions of this section shall not be construed to alter or circumvent any existing acquisition procedure or requirement, nor to alter or circumvent the acquisition authority of any state or local agency. (Amended by Stats. 2000, Ch. 776, Sec. 49. Effective September 27, 2000.)
  57. 12120.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.5. Acquisition of Telecommunications Goods and Services [12120- 12120.] ( Chapter 3.5 added by Stats. 1983, Ch. 791, Sec. 2. )

    Verify source ↗

    Telecommunications contracts and acquisitions are to be handled under the Department of Technology, with separate bidding and acquisition functions for CSU and community college telecommunications 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 3.5. Acquisition of Telecommunications Goods and Services [12120- 12120.] ( Chapter 3.5 added by Stats. 1983, Ch. 791, Sec. 2. ) ## 12120. The Legislature finds and declares that, with the advent of deregulation in the telecommunications industry, substantial cost savings can be realized by the state through the specialized evaluation and acquisition of alternative telecommunications systems. Any contract for the acquisition of telecommunications services and any contract for the acquisition of telecommunications goods, whether by lease or purchase, shall be made by, or under the supervision of, the Department of Technology. Any acquisition shall be accomplished in accordance with Chapter 3 (commencing with Section 12100), relating to the acquisition of information technology goods and services, except to the extent any directive or provision is uniquely applicable to information technology acquisitions. The Department of Technology shall have responsibility for the establishment of policy and procedures for telecommunications. The Trustees of the California State University and the Board of Governors of the California Community Colleges shall assume the functions of the agency with regard to acquisition of telecommunications goods and services by the California State University and the California Community Colleges, respectively. The trustees and the board shall each grant to the agency an opportunity to bid whenever the university or the college system solicits bids for telecommunications goods and services. (Amended by Stats. 2013, Ch. 28, Sec. 69. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  58. 12125.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. )

    Verify source ↗

    The Alternative Protest Process is established and must be administered by the Department of General Services and the Department of Technology under the referenced chapter provisions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. ) ## 12125. There is hereby established the Alternative Protest Process to be administered by the Department of General Services and the Department of Technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 and this chapter. (Amended by Stats. 2013, Ch. 28, Sec. 71. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  59. 12126.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. )

    Verify source ↗

    This section lets certain state departments and agencies use an alternative protest process for specified solicitations, and it sets rules for who may protest, review deadlines, bond requirements, and decision timing.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. ) ## 12126. (a) Notwithstanding any other law, any department or agency may use the solicitation and alternative protest procedures outlined in this chapter for solicitations authorized under Chapter 2 (commencing with Section 10290) or Chapter 3 (commencing with Section 12100). The Department of General Services shall develop procedures and guidelines for the implementation of this alternative protest process. (b) To be eligible for this alternative protest process, the contracting department shall agree to participate in the Alternative Protest Process and the Department of General Services or the Department of Technology, as appropriate, shall indicate that the proposed solicitation shall be conducted as part of the Alternative Protest Process prior to release of the solicitation. Submission of a bid constitutes consent for participation in the Alternative Protest Process. Any protests filed in relation to the proposed contract award shall be conducted under the procedures set forth by the Department of General Services for the Alternative Protest Process. (c) Notwithstanding any other law to the contrary, any bid protest conducted under this chapter shall include one or more of the following alternative procedures: (1) The Alternative Protest Process shall not prevent the commencement of work in accordance with the terms of any other contract awarded pursuant to this chapter. A contract may be entered into pending a final decision on the protest. (2) The Department of General Services, in bid protests for procurements it conducts or supervises, shall review the protest within seven days of the filing date to determine if the protest is frivolous. If determined to be frivolous, the protest shall not proceed under this chapter until the bidder posts a protest bond in an amount not less than 10 percent of the estimated contract value, as determined by the Department of General Services in the solicitation. (3) The Department of Technology, in bid protests for procurements it conducts or supervises pursuant to paragraph (1) of subdivision (b) of Section 12100 and telecommunications procurements made pursuant to Section 12120, shall review the protest within seven days of the filing date to determine if the protest is frivolous. If determined to be frivolous, the protest shall not proceed under this chapter until the bidder posts a protest bond in an amount not less than 10 percent of the estimated contract value, as determined by the Department of Technology in the solicitation. (4) The Director of General Services or the Director of Technology, as appropriate under paragraphs (2) and (3), shall issue a decision within a period not to exceed 45 days from the date the protest is filed. (5) Arbitration, as defined and established by the Department of General Services, shall be the resolution tool. (d) Authority to protest under this chapter shall be limited to participating bidders. (1) Grounds for major information technology acquisition protests shall be limited to violations of the solicitation procedures and that the protestant should have been selected. (2) Any other acquisition protest filed pursuant to this chapter shall be based on the ground that the bid or proposal should have been selected in accordance with selection criteria in the solicitation document. (Amended by Stats. 2013, Ch. 28, Sec. 72. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  60. 12127.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. )

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    Major information technology acquisitions under this chapter must meet stated procurement criteria.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. ) ## 12127. Major information technology acquisitions subject to this chapter shall meet the following criteria: (a) The agency or department has stated its business needs and not detailed specification in the solicitation. (b) The agency or department has stated the criteria and the weight to be given to each criterion by which it will evaluate all proposals. (c) The contract shall be awarded based on “value effective acquisition,” as that term is defined in Section 12100.7, competitive negotiation, an alternative procurement, or performance-based solicitations. (Added by Stats. 1997, Ch. 762, Sec. 1. Effective January 1, 1998.)
  61. 12127.5.

    ## 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 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. )

    Verify source ↗

    Certain procurements under this chapter must satisfy at least one listed criterion.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. ) ## 12127.5. All other procurements subject to this chapter shall meet one or more of the following criteria: (a) The agency or department has stated its business needs and not detailed specification in the solicitation. (b) The agency or department has stated the criteria and the weight to be given to each criterion by which it will evaluate all proposals. (c) The contract shall be awarded based on “value effective acquisition,” as that term is defined in Section 12100.7, competitive negotiation, an alternative procurement, performance-based solicitations, or other methodologies as established by the Department of General Services. (Added by Stats. 1997, Ch. 762, Sec. 1. Effective January 1, 1998.)
  62. 12128.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. )

    Verify source ↗

    The Department of General Services and the Department of Technology must apply this chapter to specified information technology and procurement-related categories.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. ) ## 12128. The Department of General Services and the Department of Technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 and this chapter shall apply this chapter to the following categories: (a) Information technology and ancillary services. (b) Material, supplies, equipment, and ancillary services. (Amended by Stats. 2013, Ch. 28, Sec. 73. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
  63. 12129.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. )

    Verify source ↗

    The Department of General Services must send the Legislature a report and recommendations about the Alternative Protest Process by two specified dates.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.6. The Alternative Protest Pilot Project [12125 - 12129] ( Chapter 3.6 added by Stats. 1997, Ch. 762, Sec. 1. ) ## 12129. The Department of General Services shall electronically submit a report and recommendations to the Legislature regarding the Alternative Protest Process on or before January 1, 2007, and on or before January 1, 2010. The report shall include the following: (a) The percentage of bids with values under five hundred thousand dollars ($500,000), under one million dollars ($1,000,000), and over one million dollars ($1,000,000) or more that were not subject to the Alternative Protest Process that were protested. (b) The percentage of bids with values under five hundred thousand dollars ($500,000), under one million dollars ($1,000,000), and over one million dollars ($1,000,000) that were subject to the Alternative Protest Process that were protested. (c) The number of protests determined to be frivolous by the Department of General Services, subject to this chapter, with corresponding data for solicitations issued pursuant to existing procedures. (d) The percentage of contracts awarded under the Alternative Protest Process that were subsequently challenged in a court of law with corresponding data for solicitations issued pursuant to existing procedures. (e) The length of time to resolve protests pursuant to this chapter and the corresponding data for solicitations issued pursuant to existing procedures. (Amended by Stats. 2005, Ch. 272, Sec. 5. Effective January 1, 2006.)
  64. 12140.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.7. Prohibition of the Offshoring of State Public Benefits Contracts [12140- 12140.] ( Chapter 3.7 added by Stats. 2012, Ch. 824, Sec. 2. )

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    State agencies contracting for certain public benefit program call center services must use contractors that certify the work will be done solely by workers employed in California, with penalties for false certification or 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 3.7. Prohibition of the Offshoring of State Public Benefits Contracts [12140- 12140.] ( Chapter 3.7 added by Stats. 2012, Ch. 824, Sec. 2. ) ## 12140. (a) Notwithstanding any other law, any state agency authorized to enter into contracts relating to public benefit programs shall only contract for services provided by a call center that directly serves applicants for, recipients of, or enrollees in, those public benefit programs with a contractor that certifies in its bid for the contract that the services provided under the contract and any subcontract performed under that contract, to applicants for, recipients of, or enrollees in, those public benefit programs, will be performed solely with workers employed in California. Any contractor that knowingly provides false information in the certification required by this subdivision shall be subject to a civil penalty in an amount of up to ten thousand dollars ($10,000), in addition to any other remedies available to the state agency. An action for a civil penalty under this subdivision may be brought by any public prosecutor in the name of the people of the State of California. (b) For purposes of this section: (1) “Call center” means a building, facility, or operation where customer or client services or assistance is provided by telephone, fax, email, text, or web-based interaction. (2) “Public benefit programs” means California Work Opportunity and Responsibility to Kids (CalWORKs), CalFresh, Medi-Cal, Healthy Families, and the California Healthcare Eligibility, Enrollment, and Retention System. (c) (1) The contract shall provide that in the event a contractor or subcontractor performs the contract or the subcontract for call center services with workers not employed in California during the life of the contract, the state has the right to terminate the contract for noncompliance and the contractor or subcontractor shall pay a penalty to the state agency in an amount equal to the amount paid by the state agency for the percentage of work that was performed with workers not employed in California. (2) The penalty authorized in paragraph (1) shall be in addition to any other applicable penalty, including, but not limited to, the penalty provided in subdivision (a). (d) (1) Notwithstanding subdivision (a), a state agency may conduct a solicitation without applying this section if the California Health and Human Services Agency or the board of the California Health Benefit Exchange makes any of the following determinations: (A) A prior solicitation was conducted and the bids received were priced unreasonably high as a result of including these provisions. (B) A prior solicitation was conducted and fewer than two bids were received as a result of including these provisions. (C) The services are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare or safety. (2) If the agency or board makes a determination described in paragraph (1), that entity shall submit a report to the Assembly Committee on Jobs, Economic Development and the Economy and to the Senate Committee on Labor and Industrial Relations on or before the last day of the quarter following the quarter in which the determination was made. The report shall include the reason for making the determination. (e) This section shall not apply to the following: (1) A contract or subcontract, if implementation would violate the specific terms of the Agreement on Government Procurement of the World Trade Organization or any other bilateral or regional free trade agreement to which the State of California has consented. (2) A contract or subcontract, including extensions of that contract or subcontract, that results from a request for proposal or bid that occurred prior to the effective date of the act that adds this chapter. (3) A contract for a public benefit program between a state agency and a health care service plan or a specialized health care service plan regulated by the Department of Managed Health Care, and any subcontract performed under that contract, or a disability insurer or specialized health insurer regulated by the Department of Insurance, and any subcontract performed under that contract. (f) This section shall be construed so as to not conflict with, and be applied consistent with, federal law. (Amended by Stats. 2025, Ch. 67, Sec. 162. (AB 1170) Effective January 1, 2026.)
  65. 12147.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.9. Offshoring University of California and California State University Contracts [12147- 12147.] ( Chapter 3.9 added by Stats. 2017, Ch. 844, Sec. 2. )

    Verify source ↗

    UC and CSU generally may not hire contractors for services unless the bid certifies work will be done in the United States or identifies work to be done outside the United States.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 3.9. Offshoring University of California and California State University Contracts [12147- 12147.] ( Chapter 3.9 added by Stats. 2017, Ch. 844, Sec. 2. ) ## 12147. (a) (1) Notwithstanding any other law, on or after July 1, 2017, neither the University of California nor the California State University may contract for services with a contractor or subcontractor unless that contractor or subcontractor does either of the following: (A) Certifies, under penalty of perjury, in his or her bid for that contract that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States. (B) Describes in his or her bid any parts of the work that will be performed by workers outside of the United States. (2) If the University of California or the California State University enters into a services contract with a contractor whose bid indicates that specific work will be performed by workers outside of the United States, the University of California or the California State University, as appropriate, shall not, for the duration of that contract, displace an employee performing that specific work. (b) Notwithstanding any other law, neither the University of California nor the California State University may expend funds to train service contract employees located in foreign countries or train service contract employees who plan to relocate to a foreign country as part of the service contract, if that service contract displaces an employee of the University of California or the California State University. (c) A contract entered into pursuant to subdivision (a) shall provide that, in the event a contractor or subcontractor performs the contract or the subcontract with workers outside the United States during the life of the contract and the contractor or subcontractor does not describe this work in his or her bid as referenced in subdivision (a), the contract shall be terminated for noncompliance, and the contractor or subcontractor shall forfeit penalties to the University of California or the California State University, as appropriate, in an amount equal to the amount paid by the university for the percentage of work that was performed with workers outside the United States. (d) (1) A contractor shall be found to have violated subdivision (a) only to the extent that he or she fails to note in a bid any work to be accomplished by workers outside of the United States. The University of California or the California State University shall be found to have violated subdivision (a) only to the extent that the University of California or the California State University displaces an employee performing that specific work after having been notified in the contractor’s bid that the specific work would be performed by workers outside of the United States. (2) For purposes of this section, “displace” means the layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location, or time base reduction of an employee, during the operation of a contract that is subject to this chapter, where the employee is performing the specific work that a contractor has identified as to be performed by workers outside of the United States and the reason for the layoff, demotion, involuntary transfer to a new classification, or time base reduction of the employee is a direct result of the University of California or the California State University entering into the contract that is subject to this chapter. (3) Notwithstanding the limitations imposed by subdivisions (a), (b), and (c), nothing in this section shall preclude the University of California and the California State University from contracting with a contractor or subcontractor that utilizes workers in offshore operations in circumstances that do not directly result in the displacement of an employee of the University of California or the California State University. (e) This chapter does not apply to a contract if refusing to award that contract, on the basis that the contractor or subcontractor does not certify under penalty of perjury that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States, would violate the specific terms of the Agreement on Government Procurement of the World Trade Organization or any other bilateral or regional free trade agreement that California has consented to. (f) This chapter does not apply to either of the following: (1) Contracts relating to study abroad programs conducted by the University of California or the California State University. (2) Contracts relating to international teaching, research, or public service activities and projects conducted by the University of California or the California State University. (Added by Stats. 2017, Ch. 844, Sec. 2. (AB 848) Effective January 1, 2018.)
  66. 12153.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 1. General Provisions [12153 - 12156] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    This section says California should encourage recycled products and expand the use of recycled resources in state operations when 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 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 1. General Provisions [12153 - 12156] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12153. The Legislature finds and declares all of the following: (a) It is the policy of the state to conserve and protect resources for future citizens as well as the current population of the state. (b) It is in the best interest of the people of the state that the state alter its perception of solid waste to instead look upon this waste as resources that can be recovered and reused. (c) It is in the best interest of reducing the increasing burden on communities disposing of the state’s solid waste for the state to take a role in developing an integrated state solid waste management policy, which includes source reduction, recycling, composting, market development, incineration, and landfills. Since recycling is a necessary component of this policy, the state shall encourage the use of recycled products to ensure that the state’s industries have sufficient and adequate markets for products regeneratively utilizing the state’s solid waste as recycled resources. (d) It is the policy of the state to encourage the expansion of businesses located in California and, to whatever extent possible, to look favorably on California businesses in the recycling industry, which include, but are not limited to, those California businesses that manufacture, distribute, or act as brokers for, recycled products. (e) Market development is the key to moving beyond the uneven collection of recyclable materials to stable resource recovery and reuse. Because of existing local collection programs, significant quantities of recycled resources such as the following are today available for purchase: fine grades of paper, high-quality paper products, plastics, retreaded automobile tires, rerefined lubricating oil, reused automotive parts, reclaimed solvents, recycled asphalt, recycled concrete, carpet or geotextiles composed of recycled plastics, compost and co-compost products, and steel products. (f) In making these findings, the Legislature declares that the policy and intent of this chapter is to set an example for the state and nation to encourage the purchase of products utilizing recycled resources. (g) It is the intent of the Legislature, whenever economically feasible and as markets allow, to continually expand the policies of the state to utilize recycled resources in the daily operations of the state. This includes, but is not limited to, the procurement and purchase of recycled materials, the use of recycled resources in the performance of a service or project for the state, and the purchase of equipment used for the collection and sale of waste materials generated by the state. (h) It is the intent of the Legislature that the Department of General Services work with all state departments, agencies, the Legislature, the California Integrated Waste Management Board, and the Department of Conservation to draft, establish, and implement policies that ensure the procurement and use of recycled resources. (i) It is also the intent of the Legislature to encourage local public agencies and private companies to adopt policies to maximize the use of recycled resources. (Amended by Stats. 1995, Ch. 427, Sec. 1. Effective January 1, 1996.)
  67. 12156.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 1. General Provisions [12153 - 12156] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    State agencies generally may not buy printer or duplication cartridges if the seller imposes recycling or remanufacturing restrictions, and agencies must tell bidders about that 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 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 1. General Provisions [12153 - 12156] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12156. (a) Except as provided in subdivision (b), no state agency shall purchase any printer or duplication cartridge for which the manufacturer, wholesaler, distributor, retailer, or remanufacturer places restrictions on the recycling or remanufacturing of that cartridge by any other person. For purposes of this section, these restrictions include, but are not limited to, all of the following: (1) Reducing the price of the cartridge in exchange for any agreement not to remanufacture the cartridge. (2) A licensing agreement on the cartridge that forbids remanufacturing. (3) Any contract that forbids the remanufacturing or recycling of the cartridge. (b) Notwithstanding subdivision (a), a manufacturer, wholesaler, distributor, retailer, or remanufacturer who establishes a recycling or remanufacturing program that is available to its customers may enter into signed agreements with those customers consenting to the return of the used cartridge to the manufacturer, wholesaler, distributor, retailer, or remanufacturer, only for either of the following purposes: (1) Recycling and remanufacturing, for purposes of making the remanufactured cartridge available for purchase. (2) Recycling. (c) Each state agency shall print a statement on the cover of its printer or duplicator cartridge bid packages, or in some other noticeable place in the bid packet, notifying all bidders that it is unlawful to prohibit a printer or duplication cartridge that is sold to the state from being recycled or remanufactured, except as specified in subdivision (b). (d) This section does not authorize any violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) or the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code). (e) As used in this section, the following terms mean: (1) “Printer or duplication cartridge” means a cartridge, including, but not limited to, a toner or ink cartridge, used in printer or duplication equipment for business or personal use. (2) “Recycled” means a printer or duplication cartridge that would otherwise become solid waste, but which has undergone a process of collecting, sorting, cleansing, treating, or reconstituting, and which has been returned for the manufacture of new products or the remanufacture of used cartridges. (3) “Remanufactured” means a printer or duplication cartridge that has served its intended end use, but, rather than being discarded or disposed of, has instead been restored, renovated, repaired, or recharged, without substantial alteration of its form. (Added by Stats. 1999, Ch. 910, Sec. 1. Effective January 1, 2000.)
  68. 12164.5.

    ## 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 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 2. Recycled Paper Products [12164.5 - 12167.1] ( Article 2 added by Stats. 1989, Ch. 1094, Sec. 10. )

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    The Department of Resources Recycling and Recovery must provide training and awareness information about recycling and waste collection, and a department must submit a recycling plan by August 31, 1990.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 2. Recycled Paper Products [12164.5 - 12167.1] ( Article 2 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12164.5. (a) It is the intent of the Legislature that for the current state waste paper collection program, the Department of Resources Recycling and Recovery shall provide participating locations with public information awareness and training to state and legislative employees. Additionally, the Department of Resources Recycling and Recovery shall provide training for personnel, including but not limited to, state and buildings and grounds personnel, responsible for the collection of waste materials. This training shall include, but is not limited to, educating and training the personnel concerning the separation and collection of recyclable materials. (b) It is also the intent of the Legislature that the Department of Resources Recycling and Recovery continue the current state waste paper collection program and use this program as a model to develop a plan for other waste materials generated by state and legislative employees. (c) It is also the intent of the Legislature that the department, in consultation with the Department of Resources Recycling and Recovery, shall submit a new recycling plan, which includes, but is not limited to, the collection and sale of waste materials generated by state and legislative employees. This plan shall be submitted to the appropriate legislative policy committees on or before August 31, 1990. The plan may be phased in utilizing those office facilities and collecting those waste materials most conducive to operation of a source separation program, but shall be fully implemented by June 1, 1991. (Amended by Stats. 2017, Ch. 26, Sec. 70. (SB 92) Effective June 27, 2017.)
  69. 12165.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 2. Recycled Paper Products [12164.5 - 12167.1] ( Article 2 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    The Department of Resources Recycling and Recovery must maintain a recycling plan for the Legislature and provide related reporting, training, and implementation.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 2. Recycled Paper Products [12164.5 - 12167.1] ( Article 2 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12165. (a) After implementing a recycling plan pursuant to subdivision (c) of Section 12164.5, the Department of Resources Recycling and Recovery shall establish, implement, and maintain a recycling plan for the Legislature, which may include all legislative offices and individual members’ district offices; all state offices whether in state-owned buildings or leased facilities in Sacramento, Los Angeles, and San Francisco Counties; and in any other areas that the board determines to be feasible. The plan shall include the provisions for the recycling of office paper, corrugated cardboard, newsprint, beverage containers (as defined in Section 14503 of the Public Resources Code), waste oil, and any other material at the discretion of the Department of Resources Recycling and Recovery. (b) The collection program for each product and each location shall be reevaluated by the Department of Resources Recycling and Recovery on or before January 1, 1994. Subsequently, the Department of Resources Recycling and Recovery, upon the determination that inclusion of any particular material type would result in a net revenue loss to the state, shall have the discretion to exclude that material from the program, and shall report its conclusions and recommendations to the Legislature. In determining the net revenue loss for the collection of a specified waste material, the Department of Resources Recycling and Recovery shall include the avoided cost to dispose of the waste material. The plan shall provide either for the collection and sale of materials to private brokers, recycling plants, or nonprofit organizations, or the operation of these entities by the state, or a combination thereof. The plan shall be implemented at the earliest possible date. (c) The Department of Resources Recycling and Recovery shall provide participating locations with public awareness information and training to state and legislative employees, including, but not limited to, the proper separation and disposal of recyclable resources. Additionally, the Department of Resources Recycling and Recovery shall provide training for personnel, including, but not limited to, state buildings and grounds personnel, responsible for the collection of waste materials. This training shall include, but is not limited to, educating and training the personnel concerning the separation and collection of recyclable materials. (Amended by Stats. 2017, Ch. 26, Sec. 71. (SB 92) Effective June 27, 2017.)
  70. 12166.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 2. Recycled Paper Products [12164.5 - 12167.1] ( Article 2 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    The Department of Resources Recycling and Recovery may contract as necessary to recycle products returned under Section 12165.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 2. Recycled Paper Products [12164.5 - 12167.1] ( Article 2 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12166. The Department of Resources Recycling and Recovery may contract as necessary for the recycling of products which have been returned pursuant to Section 12165. (Amended by Stats. 2017, Ch. 26, Sec. 72. (SB 92) Effective June 27, 2017.)
  71. 12167.1.

    ## 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 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 2. Recycled Paper Products [12164.5 - 12167.1] ( Article 2 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    Proceeds from specified recycling-related activities in state and legislative offices must be used to offset program recycling costs.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 2. Recycled Paper Products [12164.5 - 12167.1] ( Article 2 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12167.1. Proceeds received from the implementation of the recycling plan established pursuant to Section 12165 or any other activity involving the collection and sale of recyclable materials in state and legislative offices located in state-owned and state-leased buildings, including, but not limited to, the sale of waste materials through recycling programs, shall be utilized to offset program recycling costs. (Repealed and added by Stats. 2017, Ch. 26, Sec. 75. (SB 92) Effective June 27, 2017.)
  72. 12180.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 3. Compost and Co-compost Products [12180 - 12184] ( Article 3 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    The state policy is to encourage use of marketable end products from superior waste management and to give special consideration to state purchases of compost and co-compost products.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 3. Compost and Co-compost Products [12180 - 12184] ( Article 3 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12180. The Legislature hereby finds and declares that it is the policy of the state to encourage the use of marketable end products which are produced as a result of superior waste management by counties, cities, and local agencies. The Legislature further finds and declares that it is in the public interest to provide special consideration for the state purchase of co-compost and compost products because these products substantially reduce the need for solid waste disposal facilities, such as landfills, and will assist the state in providing new alternatives for the alarming decrease in available solid waste disposal facilities, such as landfills. (Added by Stats. 1989, Ch. 1094, Sec. 10.)
  73. 12183.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 3. Compost and Co-compost Products [12180 - 12184] ( Article 3 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    State departments and agencies must prefer compost and cocompost products when those products can substitute for regular fertilizer or soil amendment products, cost no more, and meet applicable state standards and regulations.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 3. Compost and Co-compost Products [12180 - 12184] ( Article 3 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12183. (a) All state departments and agencies, including, but not limited to, the Department of Transportation, the Department of Water Resources, the Department of Forestry and Fire Protection, and the Department of Parks and Recreation, shall give purchase preference to compost and cocompost products when they can be substituted for, and cost no more than, the cost of regular fertilizer or soil amendment products, or both, if the cocompost products meet all applicable state standards and regulations, as determined by appropriate testing. The product preference shall include, but not be limited to, the construction of noise attenuation barriers and safety walls, highway planting projects, and recultivation and erosion control programs. (Amended by Stats. 2006, Ch. 538, Sec. 538. Effective January 1, 2007.)
  74. 12184.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 3. Compost and Co-compost Products [12180 - 12184] ( Article 3 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    The Legislature states that revenue from state purchases of co-compost products should be used by counties, cities, and local agencies to help offset certain waste-facility costs.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 3. Compost and Co-compost Products [12180 - 12184] ( Article 3 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12184. It is the intent of the Legislature, in enacting this article, that the revenues derived from the state purchase of co-compost products will be used by counties, cities, and local agencies to offset the costs of construction, operation, and maintenance of co-compost waste disposal facilities. (Added by Stats. 1989, Ch. 1094, Sec. 10.)
  75. 12200.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    This section defines terms used in the recycled materials 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 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12200. For the purpose of this article, the following definitions shall apply: (a) “CalRecycle” means the Department of Resources Recycling and Recovery, as defined pursuant to Section 40110 of the Public Resources Code. (b) “Business” includes bidders, contractors, and other interested parties that provide services to, or sell products to, the state. (c) “Department” means the Department of General Services. (d) “Director” means the Director of General Services. (e) “Postconsumer material” means a finished material that would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes. (f) “Product categories” include paper products, printing and writing papers, soil amendments and soil toppings, erosion control products, glass, lubricating oils, plastic, paint, tires, tire-derived products, antifreeze, metal, carpet, pavement surfacing, building finishes, and textiles. (g) “Purchase” means any contractual agreement that state agencies use to obtain goods or materials. (h) “Recycled products” mean goods or materials that meet the requirements identified in Section 12209, including any good or material that has been reused or refurbished without substantial alteration of its original form. (i) “Reportable purchase” means the purchase of any goods or materials, with recycled content or not, that may be reported or categorized or classified within one of the product categories identified in Section 12207. (j) “Reportable recycled product purchase” means the purchase of any goods or materials that meet the requirements identified in Section 12209, that may be reported or categorized or classified within one of the product categories identified in Section 12207, including any good or material that has been reused or refurbished without substantial alteration of its original form. (k) “SABRC” means the State Agency Buy Recycled Campaign. (l) “Secondary material” means fragments of finished products or finished products of a manufacturing process, that has converted a resource into a commodity of real economic value, but does not include excess virgin resources of the manufacturing process, such as fibers recovered from wastewater, trimmings of paper machine rolls, mill broke, plastic, or metal trimmings, or shavings, or other residue from a manufacturing process. Secondary material does not include postconsumer material, so that the secondary material plus the postconsumer material plus the virgin material adds up to 100 percent of the product. (m) “State agency” means each entity identified in Section 11000 of the Government Code, and includes the California State University. (Amended by Stats. 2022, Ch. 517, Sec. 3. (AB 661) Effective January 1, 2023.)
  76. 12201.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    A state agency must buy recycled products instead of nonrecycled products when the products are equal in fitness and quality, the recycled option costs no more than 10% more, and one listed procurement situation 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 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12201. (a) The Legislature finds and declares that it is the policy of the state to conserve and protect its resources. The Legislature further finds and declares that the use of recycled products produced as the result of the superior waste management efforts by the state and local governmental entities will help conserve resources and reduce greenhouse gas emissions contributing to global warming pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (b) It is the intent of the Legislature that the state pursue all feasible measures to improve markets for recycled products including, but not limited to, education and training of state agency purchasers and bid evaluation preferences for purchases made by the state. (c) A state agency shall purchase recycled products instead of nonrecycled products, if all of the following requirements are met: (1) Fitness and quality of the products are equal. (2) Recycled products are available at no more than 10 percent greater total cost than nonrecycled products. (3) One of the following situations applies: (A) A state agency uses a leveraged procurement agreement through which both recycled and nonrecycled products are available. (B) A state agency is awarding a contract using Section 14838.5 of the Government Code and receives offers for both recycled and nonrecycled products. (C) A state agency awards a contract without soliciting multiple offers based on a determination that the price is fair and reasonable. (Amended by Stats. 2022, Ch. 517, Sec. 4. (AB 661) Effective January 1, 2023.)
  77. 12202.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    The University of California does not have to follow this article’s procurement requirements, but it must report certain purchases and the share that meet the recycled-content minimums.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12202. The University of California is not subject to the procurement requirements of this article but shall report, pursuant to Section 12211, on purchases of the products listed in Section 12207 and what percentage of those purchases meet the associated minimum recycled content requirements in Section 12209. (Added by Stats. 2022, Ch. 517, Sec. 5. (AB 661) Effective January 1, 2023.)
  78. 12203.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    State agencies must meet recycled-product purchasing minimums and require their contractors to use recycled products where economically 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 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12203. Each state agency shall ensure each of the following: (a) (1) Before January 1, 2020, at least 50 percent of reportable purchases are recycled products. (2) On and after January 1, 2020, at least 75 percent of reportable purchases are recycled products, except for paint, antifreeze, and tires. (3) On and after January 1, 2020, at least 50 percent of reportable purchases of paint, antifreeze, and tires are recycled products. (b) The requirements specified in this article apply to all reportable purchases of goods by state agencies for product categories listed in this article. (c) The reportable purchases of state agencies shall meet each requirement for, and be applied to the total dollar amount of, each specified product category as defined in this article. The purchase of a recycled product from one category may not be applied toward the requirements for, or the total dollar amount of, any other category listed in this article. (d) Each state agency shall require the businesses with whom it contracts to use, to the maximum extent economically feasible in the performance of the contract work, recycled products. (Amended by Stats. 2022, Ch. 517, Sec. 6. (AB 661) Effective January 1, 2023.)
  79. 12205.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    State agencies and businesses must use written certifications about the percentage of postconsumer material in goods sold 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 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12205. (a) (1) All state agencies shall require all businesses to certify in writing the minimum percentage, if not the exact percentage, of postconsumer material in the products, materials, goods, or supplies offered or sold to the state regardless of whether the product meets the requirements of Section 12209. The certification shall be furnished under penalty of perjury. The certification shall be provided regardless of content, even if the product contains no recycled material. (2) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e) of Section 12156, the certification required by this subdivision shall specify that the cartridges so comply. (3) A state agency may waive the certification requirement if the percentage of postconsumer material in the products, materials, goods, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet Web site. (b) (1) All businesses shall certify in writing to the contracting officer or his or her representative the minimum percentage, if not the exact percentage, of postconsumer material in the products, materials, goods, or supplies being offered or sold to the state regardless of whether the product meets the requirements of Section 12209. The certification shall be furnished under penalty of perjury. The certification shall be provided regardless of content, even if the product contains no recycled material. (2) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e) of Section 12156, the certification required by this subdivision shall specify that the cartridges so comply. (3) A state agency may waive the certification requirement if the percentage of postconsumer material in the products, materials, goods, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet Web site. (Repealed and added by Stats. 2005, Ch. 590, Sec. 29. Effective January 1, 2006.)
  80. 12207.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )

    Verify source ↗

    This section says the article applies to purchases of certain listed goods and materials.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12207. This article applies to the purchase of goods and materials from the following product categories: (a) Paper products, including, but not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, and hanging files, building insulation and panels, corrugated boxes, paper food serviceware, tissue, and toweling. (b) Printing and writing papers including, but not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications. (c) Soil amendments and soil toppings. (d) Erosion control products. (e) Glass products including, but not limited to, windows, test tubes, beakers, laboratory or hospital supplies, fiberglass (insulation), reflective beads, tiles, construction blocks, desktop accessories, flat glass sheets, loose-grain abrasives, deburring media, liquid filter media, and containers. (f) Lubricating oils including, but not limited to, any oil intended for use in a crankcase, transmission, engine, power steering, gearbox, differential chainsaw, transformer dielectric fluid, cutting, hydraulic, industrial, or automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine. (g) (1) Plastic products including, but not limited to, printer or duplication cartridges, diskette, carpet, office products, plastic lumber, buckets, wastebaskets, containers, benches, tables, fencing, clothing, mats, packaging, signs, posts, binders, sheet, buckets, building products, garden hose, plastic food serviceware, and trays. (2) For purposes of this subdivision, “printer or duplication cartridges” has the same meaning as described in paragraph (2) of subdivision (f) of Section 12209. (h) Paint, including, but not limited to, water-based paint, graffiti abatement, interior and exterior, and maintenance. (i) Antifreeze, including recycled antifreeze, and antifreeze containing a bittering agent or made from polypropylene or other similar nontoxic substance. (j) Retread tires, including, but not limited to, truck and bus tires, and those used on fleet vehicles and passenger cars. (k) Tire-derived products including, but not limited to, flooring, mats, wheelchair ramps, playground surfacing, sports surfacing, parking bumpers, bullet traps, hoses, bumpers, truck bedliners, pads, walkways, tree ties, wheel chocks, rollers, traffic-related products, mudflaps, accessibility ramps, paths and sidewalks, animal care products, including, but not limited to, horse arena surfacing, stall mats, cow mats, and equestrian barn and breezeway flooring, artificial turf, landscaping and rubber mulch, outdoor surfacing, pavers and tiles, and posts. (l) Metals, including, but not limited to, staplers, paper clips, scissors, jacks, rebar, pipe, plumbing fixtures, ladders, file cabinets, shelving, containers, lockers, sheet metal, girders, building and construction products, bridges, braces, nails, and screws. (m) Building finishes, including, but not limited to, open panel office systems. (n) Carpet. (o) Textiles, including, but not limited to, general purpose wipes. (Amended by Stats. 2022, Ch. 517, Sec. 7. (AB 661) Effective January 1, 2023.)
  81. 12209.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )

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    This section sets recycled-content minimums for many product categories and requires CalRecycle to update and publish the products list and 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 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12209. (a) (1) CalRecycle, with the concurrence of the department and in consultation with impacted agencies, shall update the list of products identified in this section and update the minimum recycled content percentages, as determined to be appropriate, commencing January 1, 2026, and every three years thereafter. In updating the list of products identified, CalRecycle shall take into consideration the standards in the United States Environmental Protection Agency Comprehensive Procurement Guidelines for Paper and Paper Products. CalRecycle and the department shall incorporate the updated list of products and minimum recycled content requirements into the State Contracting Manual, the Financial Information System for California, and the financial system of any department not utilizing the Financial Information System for California. CalRecycle shall maintain an internet website with current SABRC products and minimum recycled content requirements. (2) In determining whether the minimum recycled content percentages should be updated pursuant to paragraphs (1) and (3), CalRecycle shall consider, at a minimum, all of the following factors: (A) Market conditions, including supply and demand for the postconsumer recycled materials, collection rates, and bale availability both domestically and globally. (B) Recycling rates. (C) The availability of the recycled material suitable to meet the minimum recycled content requirements. (D) The capacity of recycling or processing infrastructure. (3) CalRecycle, with the concurrence of the department, may set a higher minimum recycled content standard for white 20 pound printing and writing paper and white wove envelopes, either during the triennial review pursuant to paragraph (1) or at any other time after January 1, 2024. (b) For purposes of this article, effective January 1, 2023, and until updated pursuant to subdivision (a), the product categories and minimum content and recyclability requirements identified in subdivisions (c) to (r), inclusive, shall apply: (c) (1) Recycled paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, as specified below. Printing and writing paper shall consist of at least 30 percent, by fiber weight, postconsumer recycled content fiber, provided that printed newspapers that meet the requirements of Chapter 15 (commencing with Section 42750) of Part 3 of Division 30 of the Public Resources Code shall be considered in compliance with the requirements of this section. (2) Other paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, except as specified below: (A) Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber. (B) Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber. (C) Facial tissue shall consist of at least 10 percent, by fiber weight, postconsumer recycled content fiber. (D) Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber. (E) General purpose paper wipers shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber. (F) Food serviceware, including, but not limited to, napkins, plates, bowls, food trays, takeout boxes, placemats, etc. shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber. (d) (1) For recycled soil amendments and soil toppings, at least 80 percent of the product shall consist of compost or mulch materials, or both, that would otherwise be normally disposed of in landfills. (2) As used in this subdivision: (A) “Compost” means a product that meets the following requirements: (i) It results from the controlled biological decomposition of organic materials, including, but not limited to, yard trimmings, green materials, food materials, biosolids and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility, or other source of organic materials. (ii) It is produced by a public or private supplier that is in compliance with CalRecycle’s composting operations regulatory requirements. (B) “Mulch” means a product that meets the following requirements: (i) It results from the mechanical breakdown by chipping and grinding of materials, including, but not limited to, yard trimmings, untreated lumber, and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility. (ii) It is produced by a public or private supplier that is in compliance with CalRecycle’s composting operations regulatory requirements. (iii) It results from the mechanical breakdown by chipping and grinding of dead and dying trees removed to reduce wildfire risk. (e) (1) For recycled erosion control products, the recycled products shall be derived to the greatest extent possible, from no less than 100 percent California recycled organic materials diverted from the solid waste stream or from forest health management that consists of trees generated from the removal of dead and dying trees to reduce wildfire risk, and hydraulic mulch that includes compost made from 100 percent California recycled organic materials or recycled paper, or both, with 100 percent California content, as practicable and feasible. (2) As used in this subdivision: (A) “Recycled erosion control products” mean compost filter socks, compost blankets, and other compost-related erosion products: (i) Compost filter socks are a three-dimensional tubular sediment control and stormwater runoff filtration device consisting of a mesh covering and a filtration medium made of fully composted materials. Compost filter socks come in 5, 8, and 12 inches in diameter. A 5-inch compost filter sock may be considered the functional equivalent of a 12-inch straw wattle. (ii) A compost blanket is a layer of compost protecting bare soil surfaces with slope less than 1.5:1 from wind and water erosion that provides water conservation, weed control, and nutrients for long-term, sustainable vegetation. The blanket may or may not contain a tackifier or be seeded. The blanket may be spread by hand or using a blower truck. (B) “Hydraulic mulch” means an erosion control process that uses a fiber slurry and a tackifier. The slurry is transported in a tank, either truck- or trailer-mounted, and sprayed on prepared ground. The slurry may also contain compost and seeds. (3) When considering the costs of compost-based erosion control measures, state agencies may also consider performance, pollution prevention, and cost of deployment, although when pollutants are present, control of pollutants shall take precedence over cost. (f) For recycled glass, not including glass food and beverage containers, the total weight shall consist of at least 25 percent postconsumer material, except for fiberglass, which shall consist of 30 percent cullet, consistent with Section 19511 of the Public Resources Code. (g) Rerefined lubricating oil shall have a base oil content consisting of at least 70 percent rerefined oil. (h) (1) For recycled plastic products, the total weight shall consist of at least 20 percent postconsumer material. (2) Recycled printer or duplication cartridges shall be remanufactured such that they adhere to specifications equal to or exceeding original equipment manufacturer (OEM) cartridge specifications and approved remanufactured toner cartridge industry standards established by the Standardized Test Methods Committee, or comply with the general requirement for recycled plastic products set forth in paragraph (1). All printer or duplication cartridges shall comply with the requirements set forth in Section 12156. (i) Recycled paint shall have a recycled content consisting of at least 50 percent postconsumer paint. Preconsumer or secondary paint does not qualify as “recycled paint” pursuant to this subdivision. (j) Recycled antifreeze fluid shall have a recycled content of at least 70 percent postconsumer materials. (k) Retreaded tires must use an existing casing that has undergone an approved or accepted recapping or retreading process, in accordance with Chapter 7 (commencing with Section 42400) of Part 3 of Division 30 of the Public Resources Code. (l) For recycled tire-derived products, such as crumb rubber (as a singular, intermediate product), rubber mulch or bark, rubberized sidewalks or tree wells, loose-fill or pour-in-place playgrounds, tiled or rolled recreational flooring, floor and agricultural mats, sports tracks, or synthetic turf infill, the total content shall consist of at least 50 percent recycled used waste tires and the recycled products shall be derived from no less than 100 percent California recycled materials diverted from the solid waste stream. (m) (1) Rubberized pavement surfaces, such as rubberized asphalt concrete and chip seal, the binder shall contain at least 15 percent recycled waste tires by weight and the recycled products shall be derived from no less than 100 percent California recycled materials diverted from the solid waste stream. (2) Recycled asphalt pavement shall contain a minimum of 25 percent reclaimed asphalt pavement by weight, as permitted by specifications and standards developed by the Department of Transportation for recycled paving materials pursuant to Sections 42700 and 42701 of the Public Resources Code, to the extent that the use of such materials meets the Department of Transportation’s performance standards and that the use of such materials is practicable and feasible without impacting the lifespan and durability of the pavement containing the materials. (n) For recycled metal products, the total weight shall consist of at least 10 percent postconsumer material. (o) For reused or refurbished products, there is no minimum content requirement. (p) For building finishes, open office panel systems shall meet the middle range requirements of department state contracts. (q) Carpet shall contain a minimum postconsumer recycled content that shall be determined by the department and published in the State Contracting Manual by July 1, 2018, and subsequently updated by the department. The department shall include carpet recycling requirements for state buildings in the State Contracting Manual. (r) For textiles in general, there is no minimum content requirement. For general purpose textile wipes, the total content shall consist of 100 percent recycled content. (Repealed and added by Stats. 2022, Ch. 517, Sec. 9. (AB 661) Effective January 1, 2023.)
  82. 12211.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )

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    State agencies must report each year to CalRecycle on recycled product purchasing progress, and the department must send CalRecycle specified product lists by October 31 each year.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12211. (a) A state agency shall report annually to CalRecycle its progress in meeting the recycled product purchasing requirements and, if necessary, an explanation of circumstances beyond the state agency’s control that prevented the state agency from meeting the recycled product purchasing requirements for specified product categories using the SABRC report format provided by CalRecycle. (b) On or before October 31 of each year, the department shall provide to CalRecycle the following information: (1) A list, by category, of individual reportable recycled products, materials, goods, and supplies that were available for purchase by state agencies from a statewide-use contract, agreement, or schedule during the previous fiscal year. (2) A list, by category, of all reportable products, materials, goods, and supplies that were available for purchase by state agencies from a statewide-use contract, agreement, or schedule, including contract, agreement, or schedule tracking numbers, during the previous fiscal year. (Amended by Stats. 2022, Ch. 517, Sec. 10. (AB 661) Effective January 1, 2023.)
  83. 12215.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )

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    A state agency may print a recycled-product statement, if the agency director or designee chooses to do so. The statement is set by the department in consultation with CalRecycle.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12215. Each state agency may, at the discretion of the individual agency director or their designee, print a statement on recycled products selected by the agency director. This statement shall be determined by the department, in consultation with CalRecycle, and shall be similar to the following: “Contains at least ____ percent postconsumer material.” (Amended by Stats. 2022, Ch. 517, Sec. 11. (AB 661) Effective January 1, 2023.)
  84. 12217.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )

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    State agency purchasing staff must take annual CalRecycle training, and state agencies must structure purchasing to maximize recycled product purchases, with limited public-safety-related 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 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ## ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. ) ## 12217. (a) State agency procurement and contracting officers, or their designees, from all agencies shall participate in annual mandatory training that is conducted by CalRecycle. The training may be web-based and shall provide a complete review of the benefits of SABRC purchases, how to locate qualifying products, how to report information, and how to explain benefits and requirements to other employees making purchasing decisions. (b) If a state agency does not meet SABRC purchasing requirements in each product category, CalRecycle shall report the state agency to the department. (c) In determining purchasing specifications, with the exception of any specifications that have been established to preserve the public health and safety, all state purchasing specifications shall be established in a manner that results in the maximum state purchase of recycled products. (d) (1) If a recycled product, as defined in subdivision (h) of Section 12200, costs more than the same product made with virgin material, the state agency shall, if feasible, purchase fewer of those more costly products or apply the cost savings, if any, gained from buying other recycled products towards the purchase of those more costly products to meet the solid waste diversion goals of Section 41780. (2) If a recycled product, as defined in subdivision (h) of Section 12200 has special performance requirements necessary for the protection of public safety, as defined by the Department of General Services, the state agency may purchase that product made with virgin material. For the purposes of this paragraph, public safety includes, but is not limited to, structural steel coatings, traffic paint applications, and roadway safety devices. (e) Each state agency shall establish purchasing practices that ensure the purchase of goods and materials that may be recycled or reused. Each state agency shall continue activities for the collection, separation, and recycling of recyclable materials and may appoint a recycling coordinator to assist in implementing this section. Alternatively, a state contract may require that the vendor take back the product for proper management after it has been used. Upon request by a state agency, CalRecycle shall offer advice and recommendations regarding products and situations in which a take-back requirement is appropriate. (f) To assist the state in meeting the requirements of this article, each state agency, and the department, in consultation with CalRecycle, may also establish recycled product-only bids, cooperative purchasing arrangements, or other mechanisms to meet the requirements for recycled products and to encourage the maximum state purchase of recycled products. (g) The department, in consultation with CalRecycle, shall review and revise the purchasing specifications and contract documents used by state agencies in order to eliminate restrictive specifications and discrimination against the purchase of remanufactured or recycled products and to ensure that they are drafted in a manner that results in the maximum state purchase of remanufactured recycled products. All contract provisions impeding the consideration of recycled products shall be deleted in favor of performance standards. Remanufactured products shall conform to performance standards to ensure they are essentially equivalent to new products that perform the same function. (h) (1) In order for state agencies to easily procure SABRC-compliant products, ensure their success in the program, and support the recycled content industry, the department and the California Correctional Training and Rehabilitation Authority shall prioritize the use of recycled content products. (2) The department shall continue to make products that meet the SABRC postconsumer minimum percentage requirements available through statewide contracts, and provide information to state agencies regarding contracted products that meet these requirements. (3) The California Correctional Training and Rehabilitation Authority, in collaboration with CalRecycle, shall make every attempt to procure parts that meet the SABRC postconsumer minimum percentage requirements for the products it creates and sells to state agencies. (i) Any state agency that is required to submit an SABRC report to CalRecycle, pursuant to Section 12211, is subject to a review conducted by CalRecycle or its designee. (Amended by Stats. 2025, Ch. 241, Sec. 66. (SB 857) Effective January 1, 2026.)
  85. 12300.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 1. General Provisions [12300 - 12306] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 11. )

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    This chapter applies to purchases made on behalf of the Legislature, unless another rule 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 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 1. General Provisions [12300 - 12306] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## 12300. Unless otherwise provided, this chapter shall apply to all purchases made on behalf of the Legislature, whether made by the Senate Committee on Rules, the Assembly Committee on Rules, the Joint Rules Committee, or any other agency of the Legislature. (Added by Stats. 1989, Ch. 1094, Sec. 11.)
  86. 12301.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 1. General Provisions [12300 - 12306] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 11. )

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    This section defines key terms for recycled paper and recycled products and sets minimum recycled-content percentages for certain paper products.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 1. General Provisions [12300 - 12306] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## 12301. The following definitions govern the interpretation of this chapter: (a) “Department” means the Department of General Services. (b) “Board” means the California Integrated Waste Management Board, as defined pursuant to Section 40110 of the Public Resources Code. (c) “Recycled paper product” means all paper and woodpulp products containing postconsumer and secondary materials. “Postconsumer material” means a finished material that would normally be disposed of as a solid waste, having completed its life cycle as a consumer item. “Secondary material” means fragments of finished products or finished products of a manufacturing process, which has converted a virgin resource into a commodity of real economic value, and includes postconsumer material, but does not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls (mill broke), wood slabs, chips, sawdust, or other wood residue from a manufacturing process. “Recycled paper product” means a paper product with not less than 50 percent, by fiber weight, consisting of secondary and postconsumer material with not less than 10 percent of fiber weight consisting of postconsumer material. For high speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, white wove envelopes, and for other uncoated printing and writing papers, such as writing and office paper, book paper, cotton fiber paper containing 25 to 75 percent cotton fiber, and cover stock, the minimum content standard shall be no less than 20 percent of fiber weight of postconsumer materials beginning December 31, 1994. The minimum content standard shall be increased to 30 percent of fiber weight of postconsumer materials beginning on December 31, 1998. (d) (1) Except as provided in paragraph (2), “recycled product” means all materials, goods, and supplies, excluding paper products, no less than 50 percent of the total weight of which consists of secondary and postconsumer material with not less than 10 percent of its total weight consisting of postconsumer material. A recycled product shall include any product that could have been disposed of as solid waste having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of its form. “Postconsumer material” means a finished material that would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes. “Secondary material” means fragments of finished products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes postconsumer material, but does not include excess virgin resources of the manufacturing process. (2) “Recycled product” also means other flat rolled steel products no less than 25 percent of the total weight of which consists of secondary and postconsumer material, with not less than 10 percent of total weight consisting of postconsumer material. Products made with flat rolled steel meeting these content percentages include, but are not limited to, automobiles, cans, appliances, and office furniture and supplies. (Amended by Stats. 1996, Ch. 319, Sec. 4. Effective January 1, 1997.)
  87. 12305.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 1. General Provisions [12300 - 12306] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 11. )

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    This section says the chapter applies to procurement and purchase of listed materials, goods, supplies, or products containing certain recycled resources, if they meet the content requirements in Section 12301.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 1. General Provisions [12300 - 12306] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## 12305. This chapter applies to the procurement and purchase of the following materials, goods, and supplies, or products containing the following recycled resources, and meeting the specified content requirements pursuant to either subdivision (c) or (d) of Section 12301, whichever is applicable: (a) Paper products, that include, but are not limited to, fine grades of paper, corrugated boxes, newsprint, tissue, and toweling. (b) Glass. (c) Oil. (d) Plastic. (e) Solvents and paint, including water-based paint. (f) Tires. (g) Steel. (h) Antifreeze. (Amended by Stats. 2002, Ch. 363, Sec. 2. Effective January 1, 2003.)
  88. 12305.5.

    ## 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 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 1. General Provisions [12300 - 12306] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 11. )

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    If a recycled product costs more than the same product made with virgin material, the Legislature must buy fewer of those items or use savings from other recycled-product purchases to help pay for them.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 1. General Provisions [12300 - 12306] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## 12305.5. If a recycled product costs more than the same product made with virgin material, the Legislature shall purchase fewer of those more costly products or apply cost savings, if any, gained from buying other recycled products towards the purchase of those more costly products. (Amended by Stats. 1999, Ch. 816, Sec. 3. Effective January 1, 2000.)
  89. 12306.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 1. General Provisions [12300 - 12306] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 11. )

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    This chapter does not apply to procurement and purchase of asphalt concrete or portland cement concrete pavement.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 1. General Provisions [12300 - 12306] ( Article 1 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## 12306. This chapter does not apply to the procurement and purchase of asphalt concrete and portland cement concrete pavement. (Added by Stats. 1989, Ch. 1094, Sec. 11.)
  90. 12310.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 2. Recycled Paper Products [12310- 12310.] ( Article 2 added by Stats. 1989, Ch. 1094, Sec. 11. )

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    The Legislature must buy specified minimum percentages of recycled paper products, and contractors selling recycled paper products to the Legislature must certify recycled 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 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 2. Recycled Paper Products [12310- 12310.] ( Article 2 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## 12310. (a) On and after January 1, 1997, at least 50 percent of the total dollar amount of paper products purchased or procured by the Legislature shall be purchased as a recycled paper product, as defined in Section 12301. In addition, at least 25 percent of the total fine writing and printing paper purchased by the Legislature shall be recycled paper products, as defined in Section 12301. If at any time the requirement for recycled products has not been met, the Legislature and the department, in consultation with the board, shall review the procurement policies of the Legislature and shall make recommendations for immediate revisions to ensure that each requirement is met. Revisions include, but are not limited to, raising the purchasing preference and altering the requirements for each or all recycled products. The department, in consultation with the board, shall present its conclusions and recommendations on these revisions of procurement policies to the Legislature in the department’s biennial report pursuant to Section 12225. (b) When contracting with the Legislature for the sale of recycled paper products, the contractor shall certify in writing to the contracting officer or his or her representative, that the recycled paper products offered contain the minimum percentage of waste materials required by subdivision (c) of Section 12301. The contractor shall specify the minimum, if not the exact, percentage of recycled product in the paper product, including both the secondary and postconsumer material content. This certification shall be furnished under penalty of perjury. (c) The Legislature may, in consultation with the board, print a symbol on paper products selected by the Legislature. The symbol shall be similar to the following: Printed on recycled paper. This symbol shall be printed only on paper products meeting the definition of recycled paper products in Section 12301. (d) This section shall not prevent the Legislature from using existing stocks of paper products. (Amended by Stats. 1999, Ch. 816, Sec. 4. Effective January 1, 2000.)
  91. 12320.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 3. Recycled Materials, Goods, and Supplies [12320- 12320.] ( Article 3 added by Stats. 1989, Ch. 1094, Sec. 11. )

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    The Legislature must require contractors to certify recycled content, favor recycled products in purchasing, and set purchase goals for recycled products.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 5. Recycled Product Procurement by the Legislature [12300 - 12320] ( Chapter 5 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## ARTICLE 3. Recycled Materials, Goods, and Supplies [12320- 12320.] ( Article 3 added by Stats. 1989, Ch. 1094, Sec. 11. ) ## 12320. (a) The Legislature shall require contractors to certify in writing to the contracting officer, or his or her representative, whether the materials, goods, or supplies offered contain the minimum percentage of recycled product required by subdivision (d) of Section 12301. The contractor shall specify the minimum, if not exact, percentage of recycled product in the product, both the secondary and postconsumer material content. This certification shall be furnished under penalty of perjury. (b) The Legislature, in consultation with the department and the board, shall review and revise the procurement specifications used by the Legislature in order to eliminate discrimination against the procurement or purchase of recycled products whenever quality of a recycled product is reasonably equal to the same product manufactured with virgin resources. In determining procurement specifications, with the exception of any specifications that have been established to preserve the public health and safety, all legislative procurement and purchasing specifications shall be established in a manner that results in the maximum legislative procurement and purchase of recycled products. (c) The Legislature, in consultation with the board, shall establish purchasing practices that ensure, to the maximum extent feasible, the purchase of materials, goods, and supplies that may be recycled or reused when discarded. (d) The Legislature shall give purchase preference to recycled products when all of the following apply: (1) The product meets applicable standards. (2) The product can be substituted for a comparable nonrecycled product. (3) The product costs no more than a comparable nonrecycled product. (e) To encourage the use of postconsumer waste, the Legislature’s specifications shall require recycled product contracts to be awarded to the bidder whose product contains the greater percentage of postconsumer material if the fitness and quality and price meet the requirements in subdivision (d) of Section 12301 and Section 12310. (f) The Legislature shall set the following goals for purchases made by the Legislature or any individual or group of individuals purchasing on behalf of the Legislature: (1) By January 1, 1991, at least 10 percent of legislative purchases are of recycled products. (2) By January 1, 1993, at least 20 percent of legislative purchases are of recycled products. (3) By January 1, 1995, at least 40 percent of legislative purchases are of recycled products. (4) The goals specified in this subdivision shall be applied to the purchase by the Legislature of products described in subdivisions (b), (c), (d), (e), (f), and (g) of Section 12305 and shall be applied to the total dollar amount of the combined purchases of those products. Each specified goal shall be met for each product listed pursuant to Section 12305. If at any time a goal has not been met, the Legislature and the department, in consultation with the board, shall review procurement policies of the Legislature and shall make recommendations for immediate revisions to ensure that each goal is met. Revisions include, but are not limited to, raising the purchasing preference and altering the goals for all or each recycled product. The department, in consultation with the board, shall present its conclusions and recommendations on these revisions of procurement policies to the Legislature in the department’s annual report pursuant to Section 12225. (Amended by Stats. 1995, Ch. 427, Sec. 7. Effective January 1, 1996.)
  92. 12400.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. )

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    This section defines “environmentally preferable purchasing” as buying or acquiring goods and services with a lesser or reduced effect on human health and the environment than competing goods or services serving the same purpose.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. ) ## 12400. For purposes of this chapter, “environmentally preferable purchasing” means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose. This comparison shall take into consideration, to the extent feasible, raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, safety, the needs of the purchaser, and cost. (Added by Stats. 2002, Ch. 575, Sec. 2. Effective January 1, 2003.)
  93. 12401.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. )

    Verify source ↗

    The Department of General Services must provide state agencies with information and assistance on environmentally preferable purchasing, after consulting specified public, industry, and environmental stakeholders.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. ) ## 12401. The Department of General Services, in consultation with the California Environmental Protection Agency, members of the public, industry, and public health and environmental organizations, shall provide state agencies with information and assistance regarding environmentally preferable purchasing including, but not limited to, the following: (a) The promotion of environmentally preferable purchasing. (b) The development and implementation of a strategy to increase environmentally preferable purchasing. This may include the development of statewide policies, guidelines, programs, and regulations. (c) The coordination with other state and federal agencies, task forces, workgroups, regulatory efforts, research and data collection efforts, and other programs and services relating to environmentally preferable purchasing. (d) The development and implementation, to the extent fiscally feasible, of training programs designed to instill the importance and value of environmentally preferable purchasing. (e) The development, to the extent fiscally feasible, of an environmentally preferable purchasing best practices manual for state purchasing employees. (Added by Stats. 2002, Ch. 575, Sec. 2. Effective January 1, 2003.)
  94. 12401.5.

    ## 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 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. )

    Verify source ↗

    The Department of General Services must, within existing resources, designate a single contact for environmentally preferable purchasing issues.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. ) ## 12401.5. Within existing resources, the Department of General Services shall designate a single point of contact for state agencies, suppliers, and other interested parties to contact regarding environmentally preferable purchasing issues. (Added by Stats. 2002, Ch. 575, Sec. 2. Effective January 1, 2003.)
  95. 12402.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. )

    Verify source ↗

    This chapter does not override recycled content requirements found elsewhere in 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 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. ) ## 12402. Nothing contained in this chapter shall prohibit, limit, or supersede recycled content requirements pursuant to any other provision of law. (Added by Stats. 2002, Ch. 575, Sec. 2. Effective January 1, 2003.)
  96. 12403.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. )

    Verify source ↗

    A policy on environmentally preferable purchasing cannot be used to require buying goods or services that are inadequate, reduce adequate competition, or are unavailable at a reasonable price within a reasonable time.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. ) ## 12403. Nothing contained in any policy regarding environmentally preferable purchasing may be construed as requiring the acquisition of goods or services that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. (Added by Stats. 2002, Ch. 575, Sec. 2. Effective January 1, 2003.)
  97. 12404.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. )

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    Certain contractors with the Department of General Services must certify in writing that their environmental claims match FTC marketing guidelines.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 6. Environmentally Preferable Purchasing [12400 - 12404] ( Chapter 6 added by Stats. 2002, Ch. 575, Sec. 2. ) ## 12404. Manufacturers, vendors, or other nongovernmental entities contracting with the Department of General Services shall certify in writing that any environmental attribute claims they make concerning their products and services are consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms. (Added by Stats. 2002, Ch. 575, Sec. 2. Effective January 1, 2003.)
  98. 12500.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 7. The Federal Laboratory Contracting Act [12500 - 12502] ( Chapter 7 added by Stats. 2006, Ch. 256, Sec. 1. )

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    This chapter is named the Federal Laboratory Contracting Act and may be cited by that name.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 7. The Federal Laboratory Contracting Act [12500 - 12502] ( Chapter 7 added by Stats. 2006, Ch. 256, Sec. 1. ) ## 12500. This chapter shall be known and may be cited as the Federal Laboratory Contracting Act. (Added by Stats. 2006, Ch. 256, Sec. 1. Effective September 14, 2006.)
  99. 12501.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 7. The Federal Laboratory Contracting Act [12500 - 12502] ( Chapter 7 added by Stats. 2006, Ch. 256, Sec. 1. )

    Verify source ↗

    The Legislature states findings about California state agencies contracting with DOE and NASA research and field centers 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 7. The Federal Laboratory Contracting Act [12500 - 12502] ( Chapter 7 added by Stats. 2006, Ch. 256, Sec. 1. ) ## 12501. The Legislature finds and declares all of the following: (a) Technological advances are an important part of California’s economy and, therefore, it would be wise for state agencies to contract, in a facile and efficient manner, with federally funded Department of Energy (DOE) and National Aeronautics and Space Administration (NASA) research and development centers and NASA field centers located in California that are often at the forefront of science and technology. (b) As the major funding agency and owner of several research and development centers located in California, DOE allows outside parties to contract with the centers but requires the centers, when initiating and finalizing any contracts with outside parties, to adhere to rigorous policies and procedures specified by federal laws and regulations. NASA adheres to similar federal laws and regulations when initiating and finalizing contracts between its research and development centers or field centers in California and outside parties. The State of California has its own laws, regulations, and procedures governing state contracts. The research and development centers and field centers owned or owned and operated by DOE and NASA have attempted to contract with state agencies and departments in California but have had minimal success. Conflicting provisions in federal and state laws, regulations, and policies, and seemingly unachievable compromises appear to be the major limiting factors in the successful negotiation of contracts between the federally funded centers and California state agencies and departments. (Added by Stats. 2006, Ch. 256, Sec. 1. Effective September 14, 2006.)
  100. 12501.5.

    ## 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 7. The Federal Laboratory Contracting Act [12500 - 12502] ( Chapter 7 added by Stats. 2006, Ch. 256, Sec. 1. )

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    The Governor must designate the Secretary of State and Consumer Services as the state’s representative for certain federal contracting communications, and that office must develop policies, procedures, and model contract language.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 7. The Federal Laboratory Contracting Act [12500 - 12502] ( Chapter 7 added by Stats. 2006, Ch. 256, Sec. 1. ) ## 12501.5. (a) The Governor shall designate the Secretary of State and Consumer Services as the state’s representative for purposes of communicating and negotiating with representatives of the United States Department of Energy, National Aeronautics and Space Administration, federally funded DOE and NASA research and development centers in California, and NASA field centers in California regarding any issue that may affect a contractual relationship between the state and these federal entities. The Secretary of State and Consumer Services may delegate this responsibility to the Director of the Department of General Services if the secretary views such delegation as necessary to advance the successful negotiation of contracts between the state and one or more of those federal entities. (b) The Secretary of State and Consumer Services or his or her designee shall develop policies and procedures to encourage and enable the contracting process with federally funded DOE and NASA research and development centers and NASA field centers and shall develop model contract language that is available for use by any state agency or department in negotiating a contract with one of these centers. The Regents of the University of California shall not be considered a state agency for the purposes of this chapter, and specifically shall not be covered as prime contractor with the DOE for management of DOE laboratories. (Added by Stats. 2006, Ch. 256, Sec. 1. Effective September 14, 2006.)
  101. 12502.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 7. The Federal Laboratory Contracting Act [12500 - 12502] ( Chapter 7 added by Stats. 2006, Ch. 256, Sec. 1. )

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    State agencies may make advance payments on certain federal laboratory contracts if requested, but may not indemnify the center and may not audit its records.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 7. The Federal Laboratory Contracting Act [12500 - 12502] ( Chapter 7 added by Stats. 2006, Ch. 256, Sec. 1. ) ## 12502. (a) Notwithstanding any other law, a state agency that enters into a prime contract with a federally funded DOE or NASA research and development center or NASA field center, or that enters into a prime contract with another entity that, in turn, issues a subcontract to a federally funded DOE or NASA research and development center or a NASA field center located in California may, if requested by the contracting party, make contract payments to the center for contracted services in advance. (b) Notwithstanding any other law, a state agency that enters into a prime contract with a federally funded DOE or NASA research and development center or NASA field center, or that enters into a prime contract with another entity that, in turn, issues a subcontract to a federally funded DOE or NASA research and development center or NASA field center located in the state may not indemnify the center with respect to products liability, intellectual property, and general liability claims arising out of the activities to be carried out by the center pursuant to the contract. (c) Notwithstanding any other law, a state agency shall not audit the records of any federally funded DOE or NASA research and development center or NASA field center, but the state agency may rely on the services of any cognizant federal audit agency, including the Defense Contract Audit Agency, the United States Government Accountability Office, the DOE Office of Inspector General, and the NASA Office of Inspector General, to satisfy auditing requirements. (d) For purposes of this chapter: (1) “Federally funded research and development center” means a federally funded research and development center as defined in Subpart 2.1 of Part 2 of Subchapter A of Chapter 1 of Title 48 of the Code of Federal Regulations. (2) “NASA field center” means a field center identified as such by NASA and authorized by Title III of the Space Act of 1958. (Added by Stats. 2006, Ch. 256, Sec. 1. Effective September 14, 2006.)
  102. 1600.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1.6. Electronic Transmissions [1600 - 1601] ( Chapter 1.6 added by Stats. 1993, Ch. 1175, Sec. 3. )

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    Counties, a city and county, and state agencies may use electronic transmission to enter into contracts and make payments.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1.6. Electronic Transmissions [1600 - 1601] ( Chapter 1.6 added by Stats. 1993, Ch. 1175, Sec. 3. ) ## 1600. Notwithstanding any other provision of law, counties, a city and county, and state agencies may enter into and make payment on contracts by way of electronic transmission, including, but not limited to, the issuance of solicitation documents, and the receipt of responses thereto. (Amended by Stats. 1998, Ch. 876, Sec. 15. Effective January 1, 1999.)
  103. 1601.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1.6. Electronic Transmissions [1600 - 1601] ( Chapter 1.6 added by Stats. 1993, Ch. 1175, Sec. 3. )

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    A public entity may adopt Internet procedures for receiving bids and supporting materials, and if it does so, it must give the contractor an electronic receipt showing when the submission was received.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 1.6. Electronic Transmissions [1600 - 1601] ( Chapter 1.6 added by Stats. 1993, Ch. 1175, Sec. 3. ) ## 1601. (a) Any public entity may adopt methods and procedures to do any of the following: (1) Receive bids on public works or other contracts over the Internet, but only if no bid can be opened before the bid deadline and all bids can be verified as authentic. (2) Receive supporting materials submitted pursuant to a public works contract over the Internet. For purposes of this section, “supporting materials” includes, but is not limited to, payment requests, shop drawings, schedules, notices of claims, and certified payrolls. (b) If a public entity allows or requires bids or supporting materials to be submitted over the Internet pursuant to this section, the public entity shall provide an electronic receipt to the contractor showing the date and time the submission was received. The public entity shall provide the electronic receipt to the contractor either by immediate transmission to the contractor or by providing the contractor access to an electronic file online that contains this information and that can be viewed and printed by the contractor. (Amended by Stats. 2007, Ch. 427, Sec. 1. Effective January 1, 2008.)
  104. 19100.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 10. Claims and Disputes [19100 - 19102] ( Chapter 10 added by Stats. 1982, Ch. 1120, Sec. 10. )

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    For certain state contract money-damage actions or arbitrations, a claim presentation is not required, but the action or proceeding must be started within six months of the agency’s final written decision or, if there are no contract claim provisions, the cause of action accruing. The section does not apply to claims covered by Section 10240.1.

    ## 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 10. Claims and Disputes [19100 - 19102] ( Chapter 10 added by Stats. 1982, Ch. 1120, Sec. 10. ) ## 19100. (a) Presentation of a claim pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code is not required to commence a legal action or arbitration proceeding for money or damages on a contract with the state, but any action or proceeding shall be commenced not later than six months after either of the following: (1) The contracting agency’s final written decision under contract claim provisions. (2) The accrual of the cause of action, if there are no contract claim provisions. (b) This section shall not apply to a claim that is subject to the provisions of Section 10240.1. (Amended by Stats. 2002, Ch. 438, Sec. 8. Effective January 1, 2003.)
  105. 19102.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 10. Claims and Disputes [19100 - 19102] ( Chapter 10 added by Stats. 1982, Ch. 1120, Sec. 10. )

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    Some bidders and related parties may sue in superior court for damages tied to a failed bid, and the court may award costs and reasonable attorney’s fees; a convicted second lowest bidder who did not correct the violation is barred from using 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 10. Claims and Disputes [19100 - 19102] ( Chapter 10 added by Stats. 1982, Ch. 1120, Sec. 10. ) ## 19102. (a) (1) The second lowest bidder, and any person, firm, association, trust, partnership, labor organization, corporation, or other legal entity which has, prior to the letting of the bids on the public works project in question, entered into a contract with the second lowest bidder, may bring an action in superior court if that entity suffers damages as a result of the bid of the second lowest bidder for any contract subject to this part not being accepted due to the successful bidder’s violation, as evidenced by the conviction of the successful bidder therefor, of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or of both. (2) There shall be a rebuttable presumption that a successful bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or of both, was awarded the bid because that successful bidder was able to lower the bid due to this violation or these violations occurring on the contract for public work awarded by the public agency. (b) In an action brought pursuant to this section, the court may award costs and reasonable attorney’s fees, in an amount to be determined in the court’s discretion, to the prevailing party. (c) For purposes of an action brought pursuant to this section: (1) Employee status shall be determined pursuant to Division 4 (commencing with Section 3200) of the Labor Code with respect to alleged violations of that division, pursuant to the Unemployment Insurance Code with respect to alleged violations of that code, or pursuant to Section 2750. 5 of the Labor Code with respect to alleged violations of either Division 4 (commencing with Section 3200) or of the Unemployment Insurance Code, or of both. (2) “Second lowest bidder” means the second lowest qualified bidder deemed responsive by the public agency awarding the contract for public work. (3) The “second lowest bidder” and the “successful bidder” may include any person, firm, association, corporation, or other legal entity. (d) A second lowest bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or both, within one year prior to filing the bid for public work, and who has failed to take affirmative steps to correct that violation or those violations, is prohibited from taking any action authorized by this section. (Added by Stats. 1991, Ch. 906, Sec. 2.)
  106. 19150.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 11. Exemptions [19150- 19150.] ( Chapter 11 added by Stats. 2018, Ch. 455, Sec. 4. )

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    Contracts related to the 2020 United States Census made by the Government Operations Agency or the Office of Planning and Research are exempt from this part.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2. CONTRACTING BY STATE AGENCIES [10100 - 19150] ( Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6. ) ## CHAPTER 11. Exemptions [19150- 19150.] ( Chapter 11 added by Stats. 2018, Ch. 455, Sec. 4. ) ## 19150. Any contract related to the 2020 United States Census and entered into by the Government Operations Agency or the Office of Planning and Research is exempt from this part. (Added by Stats. 2018, Ch. 455, Sec. 4. (SB 877) Effective September 17, 2018.)
  107. 19201.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. )

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    This part may be cited as the California Judicial Branch Contract Law.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. ) ## 19201. This part may be cited as the California Judicial Branch Contract Law. (Added by Stats. 2011, Ch. 10, Sec. 21. (SB 78) Effective March 24, 2011.)
  108. 19202.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. )

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    This section states legislative findings and intent about organizing public contract provisions for judicial branch entities in one part.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. ) ## 19202. The Legislature finds and declares that placing all public contract provisions for judicial branch entities in one part will make that law clearer and easier to find. Further, it is the intent of the Legislature in enacting this part to achieve the objectives as set forth in Sections 100, 101, and 102. (Added by Stats. 2011, Ch. 10, Sec. 21. (SB 78) Effective March 24, 2011.)
  109. 19203.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. )

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    This part applies to contracts first entered into or amended by judicial branch entities on or after October 1, 2011.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. ) ## 19203. This part shall apply to all contracts initially entered into or amended by judicial branch entities on or after October 1, 2011. (Added by Stats. 2011, Ch. 10, Sec. 21. (SB 78) Effective March 24, 2011.)
  110. 19204.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. )

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    Judicial branch entities must follow state-agency procurement rules for covered goods, services, and IT, notify the State Auditor about qualifying contracts within 10 business days, and submit certain large IT projects to California Technology Agency review.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. ) ## 19204. (a) All judicial branch entities shall comply with the provisions of this code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services. All contracts with total cost estimated at more than one million dollars ($1,000,000), except contracts covered by Section 68511.9 of the Government Code, shall be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with this part. All judicial branch entities shall notify the State Auditor, in writing, of the existence of any such contracts within 10 business days of entering the contract. In addition, all administrative and infrastructure information technology projects of the Judicial Council or the courts with total costs estimated at more than five million dollars ($5,000,000) shall be subject to the reviews and recommendations of the California Technology Agency, as specified in Section 68511.9 of the Government Code. (b) Except as provided in subdivision (c), procurement and contracting for the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of court facilities shall be conducted by judicial branch entities consistent with the relevant provisions of this code applicable to state agencies. (c) Notwithstanding any other provision of law, this part does not apply to procurement and contracting by judicial branch entities that are related to trial court construction, including, but not limited to, the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of trial court facilities. However, this part shall apply to contracts for maintenance of all judicial branch facilities that are not under the operation and management of the Department of General Services. (d) Only until the Judicial Council adopts the Judicial Branch Contracting Manual required pursuant to Section 19206, judicial branch entities shall instead be governed by applicable policies and procedures in the State Administrative Manual and the State Contracting Manual, or policies and procedures as otherwise required by law to be adopted by the Department of General Services applicable to state agencies. (Amended by Stats. 2011, Ch. 36, Sec. 71. (SB 92) Effective June 30, 2011. Operative July 27, 2011, pursuant to Sec. 83 of Ch. 36, as amended by Stats. 2011, Ch. 136, Sec. 32.)
  111. 19205.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. )

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    This section defines “judicial branch entity” and says certain references to state agency officers or employees are treated as references to people in a judicial branch entity for this part.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. ) ## 19205. (a) As used in this part, “judicial branch entity” means any superior court, court of appeal, the California Supreme Court, the Judicial Council, the Habeas Corpus Resource Center, or the Administrative Office of the Courts. (b) Where there is a reference in this code to an officer or employee of a state agency, for purposes of this part, these terms shall refer to a member, judicial officer, officer, employee, or other person of a judicial branch entity, as applicable. (Added by Stats. 2011, Ch. 10, Sec. 21. (SB 78) Effective March 24, 2011.)
  112. 19206.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. )

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    The Judicial Council must publish a Judicial Branch Contracting Manual by January 1, 2012, and judicial branch entities subject to the part must follow it.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. ) ## 19206. The Judicial Council shall adopt and publish no later than January 1, 2012, a Judicial Branch Contracting Manual incorporating procurement and contracting policies and procedures that must be followed by all judicial branch entities subject to this part. The policies and procedures shall include a requirement that each judicial branch entity shall adopt a local contracting manual for procurement and contracting for goods or services by that judicial branch entity. The policies and procedures in the manuals shall be consistent with this code and substantially similar to the provisions contained in the State Administrative Manual and the State Contracting Manual. (Added by Stats. 2011, Ch. 10, Sec. 21. (SB 78) Effective March 24, 2011.)
  113. 19207.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. )

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    This section says the part does not require approval, review, or involvement by other state entities in judicial branch procurement, except as Section 19204(a) or another applicable law requires.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. ) ## 19207. Except as provided in subdivision (a) of Section 19204 or as otherwise specifically required by law applicable to any judicial branch entity, nothing in this part is intended, nor shall it be construed, to require the approval, review, or involvement of any other state entity, including, but not limited to, the Department of General Services or the Secretary of California Technology, in the procurement of any judicial branch goods or services, including information technology goods or services. (Added by Stats. 2011, Ch. 10, Sec. 21. (SB 78) Effective March 24, 2011.)
  114. 19208.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. )

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    This section says it does not allow this part to be used to apply code provisions that do not apply to state agencies and departments.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. ) ## 19208. Nothing in this part is intended, nor shall it be construed to permit, the application of provisions of this code that do not apply to state agencies and departments. (Added by Stats. 2011, Ch. 10, Sec. 21. (SB 78) Effective March 24, 2011.)
  115. 19209.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. )

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    The Judicial Council must file an annual report on trial-court contracts and payments, and FISCal-using judicial branch entities must make contract and payment data available for transparency and audit purposes.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. ) ## 19209. (a) Notwithstanding Section 10231.5 of the Government Code, the Judicial Council shall annually provide a report to the Joint Legislative Budget Committee and the State Auditor that provides information related to contracts and payments for the trial courts pursuant to subdivisions (b) and (c). The report shall be provided no later than September 30 of each year, covering the state fiscal year ending June 30 of that year. Additionally, judicial branch entities using the Financial Information System for California (FISCal) shall participate with the state’s transparency effort by making their contract and payment information available for the state’s transparency websites on a rolling basis. For these entities, the judicial branch shall ensure their contract and payment information is entered in FISCal for the state transparency websites and for state department audit purposes. (b) For the trial courts, payment data shall include a list of all vendors or contractors receiving payments during the reporting period. For each vendor or contractor receiving any payment during the reporting period, the report shall identify the amount of payment to the contractor or vendor, the type of service or good provided, and the judicial branch entity or entities with which the vendor or contractor was contracted to provide that service or good. (c) For the trial courts, the report shall include all contracts and contract amendments made during the report period. The report shall identify the vendor or contractor, the type of service or good provided under the contract, and, if applicable, the nature of the amendment, the duration of the amendment, and the cost of the amendment. (Amended by Stats. 2020, Ch. 36, Sec. 44. (AB 3364) Effective January 1, 2021.)
  116. 19210.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. )

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    The California State Auditor must identify and audit certain judicial branch entities on a schedule, notify legislative committees, report findings, and track implementation updates.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES [19201 - 19210] ( Part 2.5 added by Stats. 2011, Ch. 10, Sec. 21. ) ## 19210. (a) The California State Auditor shall do all of the following: (1) On or before March 15, 2014, biennially thereafter, and every three years beginning in calendar year 2025, identify five judicial branch entities, excluding the Administrative Office of the Courts, for audit to assess the implementation of this part by the judicial branch entity based upon risk factors that include, but are not limited to, all of the following: (A) Significant changes in legal or other requirements that have occurred that impact compliance with this part. (B) The amount of time since the last audit performed of the identified judicial branch entity to assess its implementation and compliance with this part. (C) Previous audit results or known deficiencies. (D) Significant or unusual changes in management or high employee turnover. (E) The complexity and size of the judicial branch entity. (F) The level of sophistication and complexity of existing contracting practices and procedures. (G) The total volume and type of procurement made by the judicial branch entity compared with overall judicial branch procurement. (H) Substantial changes in total procurements, including, but not limited to, number and allotted amount, from one year to the next. (2) On or before March 15 of the year in which the judicial branch entities are identified pursuant to paragraph (1), notify the Joint Legislative Budget Committee and the Joint Legislative Audit Committee of the five judicial branch entities identified and the estimated cost to conduct an audit of each judicial branch entity. (3) On or before July 1 of the year in which the judicial branch entities are identified, commence an audit of each identified judicial branch entity, subject to an appropriation for this audit whereby moneys are allocated in the annual Budget Act to one or more funds that are available for use by judicial branch entities. Upon completion of the final audit report, as identified in paragraph (4), the Administrative Office of the Courts shall reimburse the California State Auditor for the actual costs of the work performed. (4) Provide the judicial branch entity with a reasonable opportunity to respond to the findings of the audit. An audit report shall not be considered final until this opportunity is provided and any response is included or incorporated into the audit report. (5) On or before January 15 of the fiscal year for which the appropriation for the audit was made, report the judicial branch entity audit findings, including any response by the judicial branch entity, to the judicial branch entity, the Legislature, the Judicial Council, and the Department of Finance. (6) Annually provide updates to the Legislature on the status of the judicial branch entity implementation of an audit recommendation. (b) If, on or before March 15 of the year in which the judicial branch entities are identified pursuant to subdivision (a), the California State Auditor identifies, on the basis of the risk factors described in subdivision (a), judicial branch entities for audit in addition to the five identified pursuant to subdivision (a) and notifies the Joint Legislative Budget Committee and the Joint Legislative Audit Committee of these additional entities, along with the estimated cost of each audit, and an appropriation is made for this purpose in the same manner as described in paragraph (3) of subdivision (a), the California State Auditor shall then audit the additional judicial branch entities and provide a final audit report as described in paragraphs (4) and (5) of subdivision (a). (c) On or before July 1, 2015, biennially thereafter, and every three years beginning in calendar year 2025, the California State Auditor shall commence an audit of the Administrative Office of the Courts, to assess the implementation of, and compliance with, this part, subject to an appropriation by the Legislature to the Judicial Council for transfer to the State Audit Fund for this purpose, and provide a final audit report in the manner described in paragraphs (4) and (5) of subdivision (a). (d) The California State Auditor may follow up on a prior audit finding at any time. (e) The California State Auditor shall conduct an audit pursuant to this section in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code. Pursuant to Section 8546.2 of the Government Code, the California State Auditor shall request updates from an audited judicial branch entity regarding its progress in implementing audit recommendations made pursuant to this section. The audited judicial branch entity shall provide these updates at intervals prescribed by the California State Auditor so that the California State Auditor may conduct appropriate followup activities. (f) Moneys that have been transferred to the State Audit Fund pursuant to this section to audit a specific judicial branch entity, but have not been expended by the California State Auditor at the time the California State Auditor provides its final audit report for that judicial branch entity, shall revert back to the fund from which the moneys were transferred. (g) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (h) If the California State Auditor is selected as the auditing entity pursuant to subdivision (j) of Section 77206 of the Government Code, then the California State Auditor may combine the results of an audit of a trial court conducted pursuant to that section with an audit of the same trial court conducted pursuant to this section. The California State Auditor may also combine the results of an audit of the Administrative Office of the Courts pursuant to Section 77206 of the Government Code with the results of an audit of the Administrative Office of the Courts pursuant to this section. (Amended by Stats. 2024, Ch. 837, Sec. 2. (AB 2628) Effective January 1, 2025.)
  117. 2000.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2. Responsive Bidders [2000 - 2010] ( Chapter 2 added by Stats. 1986, Ch. 1060, Sec. 2. )

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    A local agency may require bidders to meet minority- and women-business participation goals or make a good-faith effort, and it may waive one meeting requirement if the bidder is already informed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2. Responsive Bidders [2000 - 2010] ( Chapter 2 added by Stats. 1986, Ch. 1060, Sec. 2. ) ## 2000. (a) Notwithstanding any other provision of law requiring a local agency to award contracts to the lowest responsible bidder, a local agency may require that a contract be awarded to the lowest responsible bidder who also does either of the following: (1) Meets goals and requirements established by the local agency relating to participation in the contract by minority business enterprises and women business enterprises. If the bidder does not meet the goals and requirements established by the local agency for that participation, the local agency shall evaluate the good faith effort of the bidder to comply with those goals and requirements as provided in paragraph (2). (2) Makes a good faith effort, in accordance with the criteria established pursuant to subdivision (b), prior to the time bids are opened, to comply with the goals and requirements established by the local agency relating to participation in the contract by minority or women business enterprises. (b) (1) The bidder attended any presolicitation or prebid meetings that were scheduled by the local agency to inform all bidders of the minority and women business enterprise program requirements for the project for which the contract will be awarded. A local agency may waive this requirement if it determines that the bidder is informed as to those program requirements. (2) The bidder identified and selected specific items of the project for which the contract will be awarded to be performed by minority or women business enterprises to provide an opportunity for participation by those enterprises. (3) The bidder advertised, not less than 10 calendar days before the date the bids are opened, in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media, specified by the local agency for minority or women business enterprises that are interested in participating in the project. This paragraph applies only if the local agency gave public notice of the project not less than 15 calendar days prior to the date the bids are opened. (4) The bidder provided written notice of the bidder’s interest in bidding on the contract to the number of minority or women business enterprises required to be notified by the project specifications not less than 10 calendar days prior to the opening of bids. To the extent possible, the local agency shall make available to the bidder not less than 15 calendar days prior to the date the bids are opened a list or a source of lists of enterprises which are certified by the local agency as minority or women business enterprises. If the local agency does not provide that list or source of lists to the bidder, the bidder may utilize the list of certified minority or women business enterprises prepared by the Department of Transportation pursuant to Section 14030.5 of the Government Code for this purpose. (5) The bidder followed up initial solicitations of interest by contacting the enterprises to determine with certainty whether the enterprises were interested in performing specific items of the project. (6) The bidder provided interested minority and women business enterprises with information about the plans, specifications, and requirements for the selected subcontracting or material supply work. (7) The bidder requested assistance from minority and women community organizations; minority and women contractor groups; local, state, or federal minority and women business assistance offices; or other organizations that provide assistance in the recruitment and placement of minority or women business enterprises, if any are available. (8) The bidder negotiated in good faith with the minority or women business enterprises, and did not unjustifiably reject as unsatisfactory bids prepared by any minority or women business enterprises, as determined by the local agency. (9) Where applicable, the bidder advised and made efforts to assist interested minority and women business enterprises in obtaining bonds, lines of credit, or insurance required by the local agency or contractor. (10) The bidder’s efforts to obtain minority and women business enterprise participation could reasonably be expected by the local agency to produce a level of participation sufficient to meet the goals and requirements of the local agency. (c) The performance by a bidder of all of the criteria specified in subdivision (b) shall create a rebuttable presumption, affecting the burden of producing evidence, that a bidder has made a good faith effort to comply with the goals and requirements relating to participation by minority and women business enterprises established pursuant to subdivision (a). (d) “Local agency,” as used in this section, means a county or city, whether general law or chartered, city and county, school district, or other district. “District,” as used in this section, means an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. (e) “Minority or women business enterprise,” as used in this section, means a business enterprise that meets both of the following criteria: (1) A business that is at least 51 percent owned by one or more minority persons or women or, in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more minority persons or women. (2) A business whose management and daily business operations are controlled by one or more minority persons or women. (f) “Minority person,” for purposes of this section, means Black Americans, Hispanic Americans, Native Americans (including American Indians, Inuit, Aleuts, and Native Hawaiians), Asian-Pacific Americans (including persons whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan), or any other group of natural persons identified as minorities in the project specifications by the local agency. (g) This section does not apply to any of the following: (1) A contract, funded in whole or in part by the federal government, to the extent of any conflict between the requirements imposed by this section and any requirements imposed by the federal government relating to participation in a contract by a minority or women business enterprise as a condition of receipt of the federal funds. (2) The San Francisco Bay Area Rapid Transit District, the Los Angeles County Transportation Commission, or any other local agency that has authority to facilitate the participation of minority or women business enterprises substantially similar to the authority granted to the San Francisco Bay Area Rapid Transit District pursuant to Section 20229 of this code or the Los Angeles County Transportation Commission pursuant to Section 130239 of the Public Utilities Code. (Amended by Stats. 2024, Ch. 104, Sec. 4. (AB 2287) Effective January 1, 2025.)
  118. 2001.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2. Responsive Bidders [2000 - 2010] ( Chapter 2 added by Stats. 1986, Ch. 1060, Sec. 2. )

    Verify source ↗

    Local agencies that use these bid rules must require bidders to disclose certain subcontractor information, and prime contractors may list only one subcontractor per work portion.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2. Responsive Bidders [2000 - 2010] ( Chapter 2 added by Stats. 1986, Ch. 1060, Sec. 2. ) ## 2001. (a) Any local agency, as defined in subdivision (d) of Section 2000, that requires that contracts be awarded to the lowest responsible bidder meeting, or making a good faith effort to meet, participation goals for minority, women, or disabled veteran business enterprises shall provide in the general conditions under which bids will be received, that any person making a bid or offer to perform a contract shall, in his or her bid or offer, set forth the following information: (1) The name and the location of the place of business of each subcontractor certified as a minority, women, or disabled veteran business enterprise who will perform work or labor or render service to the prime contractor in connection with the performance of the contract and who will be used by the prime contractor to fulfill minority, women, and disabled veteran business enterprise participation goals. (2) The portion of work that will be done by each subcontractor under paragraph (1). The prime contractor shall list only one subcontractor for each portion of work as is defined by the prime contractor in his or her bid or offer. (b) The Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) shall apply to the information required by subdivision (a) relating to subcontractors certified as minority, women, or disabled veteran business enterprises. (c) For purposes of this section, “subcontractor” and “prime contractor” shall have the same meaning as those terms are defined in Section 4113. (d) As used in this section, “contract” does not include a contract negotiated pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (Added by Stats. 1993, Ch. 1032, Sec. 4. Effective January 1, 1994.)
  119. 2002.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2. Responsive Bidders [2000 - 2010] ( Chapter 2 added by Stats. 1986, Ch. 1060, Sec. 2. )

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    Local agencies may use small-business preferences in certain contracting situations, but must set the preference limits and adopt required procurement policies.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2. Responsive Bidders [2000 - 2010] ( Chapter 2 added by Stats. 1986, Ch. 1060, Sec. 2. ) ## 2002. (a) Notwithstanding any other provision of law requiring a local agency to award contracts to the lowest responsible bidder, any local agency may do any of the following in facilitating contract awards to small businesses: (1) Provide for a small business preference in construction, the procurement of goods, or the delivery of services where responsibility and quality are equal. The local agency shall set the percent and financial value of a preference. The maximum percentage of a preference shall be 7 percent of the lowest responsible bidder meeting specifications and the maximum financial value shall be one hundred fifty thousand dollars ($150,000) for any bid. (2) Establish a subcontracting participation goal for small businesses on contracts and grant a preference, pursuant to paragraph (1), to those bidders who meet the goal. (3) (A) Require bidders to make good faith efforts to meet a subcontracting participation goal for small business contracts. Bidders that fail to meet the goal established by the local agency, shall demonstrate that they made good faith efforts to meet the goal. (B) A prime contractor may, subject to the approval of the local agency, substitute a subcontractor with another small business as applicable. A local agency shall approve the substitution of a subcontractor only in the instance where the substitution meets the requirements of paragraph (6) of subdivision (d) and the local agency’s adopted policy. (4) Set additional guidelines for local preference purposes. (b) (1) The local agency shall define the eligibility for a preference authorized pursuant to this section. (2) In defining eligibility for a “small business,” a local agency shall, at a minimum, include businesses meeting the requirements of a small business enterprise certified pursuant to Article 1 (commencing with Section 14835) of Chapter 6.5 of Part 5.5 of Division 3 of Title 2 of the Government Code. (c) Every local agency that offers a preference, pursuant to this section, shall, prior to offering a preference, adopt a procurement policy that includes, at a minimum, all of the following: (1) A definition of an eligible entity for each preference category being utilized by the local agency. (2) The percentage and maximum financial value of a single preference. (3) A requirement that a preference only be awarded to a small business that performs a commercially useful function, as defined in subdivision (e). (4) A policy regarding oversight and potential fraudulent behavior on the part of a contractor, subcontractor, or individual for the purpose of qualifying as a small business and being awarded a preference. (5) A policy for determining whether a contractor has made a good faith effort, pursuant to paragraph (3) of subdivision (a). (6) A policy on how a prime contractor may substitute a subcontractor, pursuant to subparagraph (B) of paragraph (3) of subdivision (a). This policy shall, at a minimum, include all of the following: (A) The identification of the condition or conditions for which a substitution of subcontractors is authorized. (B) A requirement that construction subcontractors awarded construction subcontracts under this section shall be afforded all the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100)). (C) A requirement that a subcontractor that served to qualify the bid package for a preference shall be replaced only with a subcontractor meeting the eligibility requirements of subdivision (b). (D) A requirement that the condition qualifying the substitution be verified with the subcontractor. (d) Every entity used to qualify a bid for a preference pursuant to this section shall perform a commercially useful function. A “commercially useful function” means: (1) A contractor is deemed to perform a commercially useful function if the contractor, including a subcontractor, does all of the following: (A) Is responsible for the execution of a distinct element of the work of the contract. (B) Carries out its obligation by actually performing, managing, or supervising the work involved. (C) Performs work that is normal for its business services and functions. (D) Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, if applicable, and making payment. (E) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. (2) A contractor or subcontractor shall not be considered to perform a commercially useful function if the contractor’s or subcontractor’s role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of a small business. (Amended by Stats. 2018, Ch. 654, Sec. 1. (AB 2762) Effective January 1, 2019.)
  120. 2010.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2. Responsive Bidders [2000 - 2010] ( Chapter 2 added by Stats. 1986, Ch. 1060, Sec. 2. )

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    A bidder or contractor seeking a state agency contract of $100,000 or more must certify specified civil-rights compliance statements when the bid is submitted or the contract is renewed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) ## CHAPTER 2. Responsive Bidders [2000 - 2010] ( Chapter 2 added by Stats. 1986, Ch. 1060, Sec. 2. ) ## 2010. A person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of one hundred thousand dollars ($100,000) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, all of the following: (a) That they are in compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code). (b) That they are in compliance with the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code). (c) (1) That any policy that they have against any sovereign nation or peoples recognized by the government of the United States, including, but not limited to, the nation and people of Israel, is not used to discriminate in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code). (2) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations or their nationals shall not be construed as unlawful discrimination in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the California Fair Employment and Housing Act (Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2016, Ch. 581, Sec. 2. (AB 2844) Effective January 1, 2017.)
  121. 20100.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. )

    Verify source ↗

    This chapter may be cited as the Local Agency Public Construction Act.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. ) ## 20100. This chapter may be cited as the Local Agency Public Construction Act. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  122. 20101.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. )

    Verify source ↗

    Public entities may require bidder questionnaires and financial statements for prequalification, but the questionnaire cannot force disclosure of certain pre-1998 Labor Code violations in the stated subcontractor/no-knowledge situation.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. ) ## 20101. (a) Except as provided in Section 20111.5, a public entity subject to this part may require that each prospective bidder for a contract complete and submit to the entity a standardized questionnaire and financial statement in a form specified by the entity, including a complete statement of the prospective bidder’s experience in performing public works. The standardized questionnaire may not require prospective bidders to disclose any violations of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code committed prior to January 1, 1998, if a violation was based on a subcontractor’s failure to comply with these provisions and the bidder had no knowledge of the subcontractor’s violations. The Department of Industrial Relations, in collaboration with affected agencies and interested parties, shall develop model guidelines for rating bidders, and draft the standardized questionnaire, that may be used by public entities for the purposes of this part. The Department of Industrial Relations, in developing the standardized questionnaire, shall consult with affected public agencies, cities and counties, the construction industry, the surety industry, and other interested parties. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection; however, records of the names of contractors applying for prequalification status shall be public records subject to disclosure under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (b) Any public entity requiring prospective bidders to complete and submit questionnaires and financial statements, as described in subdivision (a), shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, in order to determine both the minimum requirements permitted for qualification to bid, and the type and size of the contracts upon which each bidder shall be deemed qualified to bid. The uniform system of rating prospective bidders shall be based on objective criteria. (c) A public entity may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly basis and a prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. (d) Any public entity requiring prospective bidders on a public works project to prequalify pursuant to this section shall establish a process that will allow prospective bidders to dispute their proposed prequalification rating prior to the closing time for receipt of bids. The appeal process shall include the following: (1) Upon request of the prospective bidder, the public entity shall provide notification to the prospective bidder in writing of the basis for the prospective bidder’s disqualification and any supporting evidence that has been received from others or adduced as a result of an investigation by the public entity. (2) The prospective bidder shall be given the opportunity to rebut any evidence used as a basis for disqualification and to present evidence to the public entity as to why the prospective bidder should be found qualified. (3) If the prospective bidder chooses not to avail itself of this process, the proposed prequalification rating may be adopted without further proceedings. (e) For the purposes of subdivision (a), a financial statement shall not be required from 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, when the bid is no more than 25 percent of the qualifying amount provided in paragraph (1) of subdivision (d) of Section 14837 of the Government Code. (f) Nothing in this section shall preclude an awarding agency from prequalifying or disqualifying a subcontractor. The disqualification of a subcontractor by an awarding agency does not disqualify an otherwise prequalified contractor. (Amended by Stats. 2021, Ch. 615, Sec. 360. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  123. 20102.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. )

    Verify source ↗

    If a public agency switches a public project to day labor after plans and specifications are prepared, it must do the work exactly according to those plans and specifications.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. ) ## 20102. Notwithstanding any other provision of this part to the contrary, where plans and specifications have been prepared by a public agency, whose activities are subject to this part, in order for a public project to be put out for formal or informal bid, and, subsequently, the public agency elects to perform the work by day’s labor, the public agency shall perform the work in strict accordance with these same plans and specifications. Revisions of the plans and specifications may be made once a justification detailing the specific reasons for the change or changes has been approved by the public agency or its project director and a copy of the change and its justification is placed in the project file. (Amended by Stats. 1990, Ch. 694, Sec. 9.)
  124. 20103.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. )

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    In covered contracts with federal funds, a bid cannot be rejected just because the bidder is unlicensed, but the contractor must be properly licensed when the contract is awarded.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. ) ## 20103.5. In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. (Added by renumbering Section 20104 by Stats. 1990, Ch. 1414, Sec. 1.)
  125. 20103.6.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. )

    Verify source ↗

    Local agencies must disclose certain indemnity clauses in covered architectural design procurement over $10,000, and the disclosure must be bold.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. ) ## 20103.6. (a) (1) Any local agency subject to this chapter shall, in the procurement of architectural design services requiring an expenditure in excess of ten thousand dollars ($10,000), include in any request for proposals for those services or invitations to bid from a prequalified list for a specific project a disclosure of any contract provision that would require the contracting architect to indemnify and hold harmless the local agency against any and all liability, whether or not caused by the activity of the contracting architect. (2) The disclosure statement shall be prominently set forth in bold type. (b) In the event a local agency fails to comply with paragraph (1) of subdivision (a), that local agency shall (1) be precluded from requiring the selected architect to agree to any contract provision requiring the selected architect to indemnify or hold harmless the local agency against any and all liability not caused by the activity of the selected architect, (2) cease discussions with the selected architect and reopen the request for proposals or invitations to bid from a qualification list, or (3) mutually agree to an indemnity clause acceptable to both parties. (c) This section shall become operative on July 1, 1998. (Added by Stats. 1997, Ch. 722, Sec. 1. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.)
  126. 20103.7.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. )

    Verify source ↗

    A covered local agency must give a contractor plan room service an electronic copy of project contract documents at no charge when requested.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1. Title [20100 - 20103.7] ( Heading of Article 1 amended by Stats. 1984, Ch. 1128, Sec. 5. ) ## 20103.7. A local agency subject to this chapter taking bids for the construction of a public work or improvement shall, upon request from a contractor plan room service, provide an electronic copy of a project’s contract documents at no charge to the contractor plan room. (Added by Stats. 2010, Ch. 371, Sec. 2. (AB 2036) Effective January 1, 2011.)
  127. 20104.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.5. Resolution of Construction Claims [20104 - 20104.6] ( Article 1.5 added by Stats. 1994, Ch. 726, Sec. 22. )

    Verify source ↗

    This section limits Article 1.5 to certain public works claims of $375,000 or less between a contractor and a local agency, with stated exceptions and a contract-date limit.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.5. Resolution of Construction Claims [20104 - 20104.6] ( Article 1.5 added by Stats. 1994, Ch. 726, Sec. 22. ) ## 20104. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) “Public work” means “public works contract” as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. (Amended by Stats. 2010, Ch. 697, Sec. 47. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  128. 20104.2.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.5. Resolution of Construction Claims [20104 - 20104.6] ( Article 1.5 added by Stats. 1994, Ch. 726, Sec. 22. )

    Verify source ↗

    This section requires claimants to file written claims with supporting documents by final payment, and sets response and meeting deadlines for local agencies depending on claim amount.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.5. Resolution of Construction Claims [20104 - 20104.6] ( Article 1.5 added by Stats. 1994, Ch. 726, Sec. 22. ) ## 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. (Added by Stats. 1994, Ch. 726, Sec. 22. Effective September 22, 1994.)
  129. 20104.4.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.5. Resolution of Construction Claims [20104 - 20104.6] ( Article 1.5 added by Stats. 1994, Ch. 726, Sec. 22. )

    Verify source ↗

    This section requires construction-claim civil actions to go to nonbinding mediation first, then to judicial arbitration if the dispute remains unresolved.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.5. Resolution of Construction Claims [20104 - 20104.6] ( Article 1.5 added by Stats. 1994, Ch. 726, Sec. 22. ) ## 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. (Amended by Stats. 2004, Ch. 182, Sec. 54. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  130. 20104.50.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.7. Modifications; Performance; Payment [20104.50- 20104.50.] ( Article 1.7 added by Stats. 1992, Ch. 799, Sec. 2. )

    Verify source ↗

    Local agencies must review construction payment requests promptly, return improper requests within 7 days with written reasons, and pay interest if a progress payment is not made within 30 days after receiving a proper undisputed request.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.7. Modifications; Performance; Payment [20104.50- 20104.50.] ( Article 1.7 added by Stats. 1992, Ch. 799, Sec. 2. ) ## 20104.50. (a) (1) It is the intent of the Legislature in enacting this section to require all local governments to pay their contractors on time so that these contractors can meet their own obligations. In requiring prompt payment by all local governments, the Legislature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern. (2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments’ outstanding receipts. The Legislature finds and declares that all government officials, including those in local government, must set a standard of prompt payment that any business in the private sector which may contract for services should look towards for guidance. (b) Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. (c) Upon receipt of a payment request, each local agency shall act in accordance with both of the following: (1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. (d) The number of days available to a local agency to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (c). (e) For purposes of this article: (1) A “local agency” includes, but is not limited to, a city, including a charter city, a county, and a city and county, and is any public entity subject to this part. (2) A “progress payment” includes all payments due contractors, except that portion of the final payment designated by the contract as retention earnings. (3) A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency. (f) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any contract subject to this article. (Added by Stats. 1992, Ch. 799, Sec. 2. Effective January 1, 1993.)
  131. 20104.6.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.5. Resolution of Construction Claims [20104 - 20104.6] ( Article 1.5 added by Stats. 1994, Ch. 726, Sec. 22. )

    Verify source ↗

    Local agencies must pay undisputed claim amounts unless the contract says otherwise, and in certain suits they must pay interest at the legal rate on arbitration awards or judgments from the filing date.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.5. Resolution of Construction Claims [20104 - 20104.6] ( Article 1.5 added by Stats. 1994, Ch. 726, Sec. 22. ) ## 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. (Added by Stats. 1994, Ch. 726, Sec. 22. Effective September 22, 1994.)
  132. 20104.70.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.8. Damages Related to Competitive Bidding [20104.70- 20104.70.] ( Article 1.8 added by Stats. 1991, Ch. 906, Sec. 3. )

    Verify source ↗

    A qualifying second lowest bidder, or certain related parties, may sue in superior court for damages if the bid was rejected because of the successful bidder’s labor or unemployment-law violation; a convicted second lowest bidder who did not try to correct the violation may not use this section.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 1.8. Damages Related to Competitive Bidding [20104.70- 20104.70.] ( Article 1.8 added by Stats. 1991, Ch. 906, Sec. 3. ) ## 20104.70. (a) (1) The second lowest bidder, and any person, firm, association, trust, partnership, labor organization, corporation, or other legal entity which has, prior to the letting of the bids on the public works project in question, entered into a contract with the second lowest bidder, may bring an action in superior court if that entity suffers damages as a result of the bid of the second lowest bidder for any contract subject to this part not being accepted due to the successful bidder’s violation, as evidenced by the conviction of the successful bidder therefor, of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or of both. (2) There shall be a rebuttable presumption that a successful bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or of both, was awarded the bid because that successful bidder was able to lower the bid due to this violation or these violations occurring on the contract for public work awarded by the public agency. (b) In an action brought pursuant to this section, the court may award costs and reasonable attorney’s fees, in an amount to be determined in the court’s discretion, to the prevailing party. (c) For purposes of an action brought pursuant to this section: (1) Employee status shall be determined pursuant to Division 4 (commencing with Section 3200) of the Labor Code with respect to alleged violations of that division, pursuant to the Unemployment Insurance Code with respect to alleged violations of that code, or pursuant to Section 2750.5 of the Labor Code with respect to alleged violations of either Division 4 (commencing with Section 3200) or of the Unemployment Insurance Code, or of both. (2) “Second lowest bidder” means the second lowest qualified bidder deemed responsive by the public agency awarding the contract for public work. (3) The “second lowest bidder” and the “successful bidder” may include any person, firm, association, corporation, or other legal entity. (d) A second lowest bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or both, within one year prior to filing the bid for public work, and who has failed to take affirmative steps to correct that violation or those violations, is prohibited from taking any action authorized by this section. (Added by Stats. 1991, Ch. 906, Sec. 3.)
  133. 20105.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 2. Schools—State School Building Aid Law of 1949 [20105 - 20107] ( Heading of Article 2 amended by Stats. 1984, Ch. 1128, Sec. 6. )

    Verify source ↗

    This article applies to contracts subject to the State School Building Aid Law of 1949.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 2. Schools—State School Building Aid Law of 1949 [20105 - 20107] ( Heading of Article 2 amended by Stats. 1984, Ch. 1128, Sec. 6. ) ## 20105. This article shall apply to contracts subject to the State School Building Aid Law of 1949 provided for in Chapter 4 (commencing with Section 15700) of Part 10 of the Education Code. (Amended by Stats. 2006, Ch. 538, Sec. 539. Effective January 1, 2007.)
  134. 20106.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 2. Schools—State School Building Aid Law of 1949 [20105 - 20107] ( Heading of Article 2 amended by Stats. 1984, Ch. 1128, Sec. 6. )

    Verify source ↗

    A school district may not spend money apportioned under the State School Building Aid Law unless the related contracts were awarded through competitive bidding under the Education Code.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 2. Schools—State School Building Aid Law of 1949 [20105 - 20107] ( Heading of Article 2 amended by Stats. 1984, Ch. 1128, Sec. 6. ) ## 20106. A school district shall not expend money apportioned under the State School Building Aid Law unless the contracts under which the funds are expended have been let after competitive bids pursuant to the Education Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  135. 20107.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 2. Schools—State School Building Aid Law of 1949 [20105 - 20107] ( Heading of Article 2 amended by Stats. 1984, Ch. 1128, Sec. 6. )

    Verify source ↗

    Construction bids must be submitted under sealed cover and include one approved form of bidder’s security. If an unsuccessful bidder’s security is being held after award, the school district must return it within a reasonable time and in any event within 60 days.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 2. Schools—State School Building Aid Law of 1949 [20105 - 20107] ( Heading of Article 2 amended by Stats. 1984, Ch. 1128, Sec. 6. ) ## 20107. All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (a) Cash. (b) A cashier’s check made payable to the school district. (c) A certified check made payable to the school district. (d) A bidder’s bond executed by an admitted surety insurer, made payable to the school district. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the school district beyond 60 days from the time the award is made. (Amended by Stats. 1990, Ch. 808, Sec. 1.)
  136. 20110.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    This section says the part applies to contracts awarded by certain school districts.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20110. The provisions of this part shall apply to contracts awarded by school districts subject to Part 21 (commencing with Section 35000) of Division 3 of Title 2 of the Education Code. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  137. 20111.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    School district governing boards must competitively award certain contracts above specified dollar thresholds, usually to the lowest responsible bidder, unless an exception applies.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20111. (a) (1) The governing board of any school district, in accordance with any requirement established by that governing board pursuant to subdivision (a) of Section 2000, shall let any contracts involving an expenditure of more than fifty thousand dollars ($50,000) for any of the following: (A) The purchase of equipment, materials, or supplies to be furnished, sold, or leased to the district. (B) Services, except construction services. (C) Repairs, including maintenance as defined in Section 20115, that are not a public project as defined in subdivision (c) of Section 22002. (2) The governing board shall let the contract to the lowest responsible bidder who shall give security as the board requires, or else reject all bids. (b) (1) The governing board shall let any contract for a public project, as defined in subdivision (c) of Section 22002, involving an expenditure of fifteen thousand dollars ($15,000) or more, to the lowest responsible bidder who shall give security as the board requires, or else reject all bids. All bids for construction work shall be presented under sealed cover, and shall be accompanied by one of the following forms of bidder’s security: (A) Cash. (B) A cashier’s check made payable to the school district. (C) A certified check made payable to the school district. (D) A bidder’s bond executed by an admitted surety insurer, made payable to the school district. (2) Upon award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the school district beyond 60 days from the time the award is made. (c) Procurement bid solicitations and awards made by a school district approved to operate at least one federal nonprofit child nutrition program for purchases in support of those programs shall be consistent with the federal procurement standards in Sections 200.318 to 200.326, inclusive, of Part 200 of Title 2 of the Code of Federal Regulations. These awards shall be let to the most responsive and responsible party. The price shall be the primary consideration, but not the only determining factor. (d) This section applies to all equipment, materials, or supplies, whether patented or otherwise, and to contracts awarded pursuant to subdivision (a) of Section 2000. This section shall not apply to professional services or advice, insurance services, or any other purchase or service otherwise exempt from this section, or to any work done by day labor or by force account pursuant to Section 20114. (e) Commencing January 1, 1997, the Superintendent of Public Instruction shall annually adjust the dollar amounts specified in subdivision (a) to reflect the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the prior fiscal year. The annual adjustments shall be rounded to the nearest one hundred dollars ($100). (Amended by Stats. 2017, Ch. 395, Sec. 1. (SB 544) Effective January 1, 2018.)
  138. 20111.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    School districts may require prequalification questionnaires from prospective bidders, must rate bidders uniformly if they do, and must reject bids that do not use the district’s form or miss the prequalification timing rules.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20111.5. (a) The governing board of the district may require that each prospective bidder for a contract, as described under Section 20111, complete and submit to the district a standardized questionnaire and financial statement in a form specified by the district, including a complete statement of the prospective bidder’s financial ability and experience in performing public works. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection. (b) Any school district requiring prospective bidders to complete and submit questionnaires and financial statements, as described in subdivision (a), shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, in order to determine the size of the contracts upon which each bidder shall be deemed qualified to bid. (c) Each prospective bidder on any contract described under Section 20111 shall be furnished by the school district letting the contract with a standardized proposal form that, when completed and executed, shall be submitted as his or her bid. Bids not presented on the forms so furnished shall be disregarded. (d) A proposal form required pursuant to subdivision (c) shall not be accepted from any person or other entity who is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (a), but has not done so at least five days prior to the date fixed for the public opening of sealed bids or has not been prequalified, pursuant to subdivision (b), for at least one day prior to that date. (e) Notwithstanding subdivision (d), any school district may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly basis and may authorize that prequalification to be considered valid for up to one calendar year following the date of initial prequalification. (Amended by Stats. 1997, Ch. 390, Sec. 5. Effective August 27, 1997.)
  139. 20111.6.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    For certain school district public projects, the district must require bidder prequalification paperwork, have bidders verify it under oath, use a uniform bidder-rating system, and use district-supplied proposal forms; bids not on those forms are disregarded.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20111.6. (a) This section applies only to public projects, as defined in subdivision (c) of Section 22002, for which the governing board of the school district uses state general funds, funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code), or any funds received, including funds reimbursed, from any future state school bond for a public project that involves a projected expenditure of one million dollars ($1,000,000) or more. (b) If the governing board of the school district enters into a contract meeting the criteria of subdivision (a), then the governing board of the school district shall require that prospective bidders for a construction contract complete and submit to the governing board of the school district a standardized prequalification questionnaire and financial statement. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements are not public records and shall not be open to public inspection. (c) The governing board of the school district shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements. This system shall also apply to a person, firm, or corporation that constructs a building described in Section 17406 or 17407 of the Education Code. (d) The questionnaire and financial statement described in subdivision (b), and the uniform system of rating bidders described in subdivision (c), shall cover, at a minimum, the issues covered by the standardized questionnaire and model guidelines for rating bidders developed by the Department of Industrial Relations pursuant to subdivision (a) of Section 20101. (e) Each prospective bidder shall be furnished by the school district letting the contract with a standardized proposal form that, when completed and executed, shall be submitted as the prospective bidder’s bid. Bids not presented on the forms so furnished shall be disregarded. (f) A proposal form required pursuant to subdivision (e) shall not be accepted from any person or other entity that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (b) or from any person or other entity that uses a subcontractor that is required to submit a completed questionnaire and financial statement for prequalification pursuant to subdivision (b), but has not done so at least 10 business days before the date fixed for the public opening of sealed bids or has not been prequalified for at least 5 business days before that date. The school district may require the completed questionnaire and financial statement for prequalification to be submitted more than 10 business days before the fixed date for the public opening of sealed bids. The school district may also require the prequalification more than five business days before the fixed date. (g) (1) The governing board of the school district may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly or annual basis and a prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. (2) The governing board of the school district shall establish a process to prequalify a person, firm, or corporation, including, but not limited to, the prime contractor and, if used, an electrical, mechanical, and plumbing subcontractor, to construct a building described in Section 17406 or 17407 of the Education Code on a quarterly or annual basis. A prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. (h) This section does not preclude the governing board of the school district from prequalifying or disqualifying a subcontractor of any specialty classification described in Section 7058 of the Business and Professions Code. (i) For purposes of this section, bidders shall include both of the following: (1) A prime contractor, as defined in Section 4113, that is either of the following: (A) A general engineering contractor described in Section 7056 of the Business and Professions Code. (B) A general building contractor described in Section 7057 of the Business and Professions Code. (2) If utilized, each electrical, mechanical, and plumbing contractor, whether as a prime contractor or as a subcontractor, as defined in Section 4113. (j) If a public project covered by this section includes electrical, mechanical, or plumbing components that will be performed by electrical, mechanical, or plumbing contractors, a list of prequalified general contractors and electrical, mechanical, and plumbing subcontractors shall be made available by the school district to all bidders at least five business days before the dates fixed for the public opening of sealed bids. The school district may require the list to be made available more than five business days before the fixed dates for the public opening of sealed bids. (k) For purposes of this section, electrical, mechanical, and plumbing subcontractors are contractors licensed pursuant to Section 7058 of the Business and Professions Code, specifically contractors holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and C-46 licenses, pursuant to regulations of the Contractors’ State License Board. (l) This section does not apply to a school district with an average daily attendance of less than 2,500. (m) (1) This section applies only to contracts awarded on or after January 1, 2014. (2) The amendments made to this section by Chapter 408 of the Statutes of 2014 apply only to contracts awarded on or after January 1, 2015. (Amended by Stats. 2023, Ch. 581, Sec. 1. (AB 1433) Effective January 1, 2024.)
  140. 20112.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    A school district’s governing board must publish a bid notice for two weeks in an eligible newspaper, and it may also post the notice online. Late bids cannot be received, and the board may accept bids submitted electronically or on paper.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20112. For the purpose of securing bids the governing board of a school district shall publish at least once a week for two weeks in some newspaper of general circulation published in the district, or if there is no such paper, then in some newspaper of general circulation, circulated in the county, and may post on the district’s Web site or through an electronic portal, a notice calling for bids, stating the work to be done or materials or supplies to be furnished and the time when and the place and the Web site where bids will be opened. 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. The governing board of the district may accept a bid that was submitted either electronically or on paper. (Amended by Stats. 2004, Ch. 739, Sec. 1. Effective January 1, 2005.)
  141. 20113.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    In an emergency, a school board may, with county superintendent approval, contract for needed school repairs or authorize day labor without bidding.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20113. (a) In an emergency when any repairs, alterations, work, or improvement is necessary to any facility of public schools to permit the continuance of existing school classes, or to avoid danger to life or property, the board may, by unanimous vote, with the approval of the county superintendent of schools, do either of the following: (1) Make a contract in writing or otherwise on behalf of the district for the performance of labor and furnishing of materials or supplies for the purpose without advertising for or inviting bids. (2) Notwithstanding Section 20114, authorize the use of day labor or force account for the purpose. (b) Nothing in this section shall eliminate the need for any bonds or security otherwise required by law. (Amended by Stats. 1995, Ch. 897, Sec. 2. Effective January 1, 1996.)
  142. 20114.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    A school district’s governing board may use day labor or force account for certain repairs, construction, and maintenance, subject to hour limits and, for larger districts, a material-cost limit.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20114. (a) In each school district, the governing board may make repairs, alterations, additions, or painting, repainting, or decorating upon school buildings, repair or build apparatus or equipment, make improvements on the school grounds, erect new buildings, and perform maintenance as defined in Section 20115 by day labor, or by force account, whenever the total number of hours on the job does not exceed 350 hours. Moreover, in any school district having an average daily attendance of 35,000 or greater, the governing board may, in addition, make repairs to school buildings, grounds, apparatus, or equipment, including painting or repainting, and perform maintenance, as defined in Section 20115, by day labor or by force account whenever the total number of hours on the job does not exceed 750 hours, or when the cost of material does not exceed twenty-one thousand dollars ($21,000). (b) For purposes of this section, day labor shall include the use of maintenance personnel employed on a permanent or temporary basis. (Amended by Stats. 1995, Ch. 897, Sec. 3. Effective January 1, 1996.)
  143. 20115.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    This section defines “maintenance” and “facility” for Section 20114.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20115. For purposes of Section 20114, “maintenance” means routine, recurring, and usual work for the preservation, protection, and keeping of any publicly owned or publicly operated facility for its intended purposes in a safe and continually usable condition for which it was designed, improved, constructed, altered, or repaired. “Facility” means any plant, building, structure, ground facility, utility system, or real property. This definition of “maintenance” expressly includes, but is not limited to: carpentry, electrical, plumbing, glazing, and other craftwork designed consistent with the definition set forth above to preserve the facility in a safe, efficient, and continually usable condition for which it was intended, including repairs, cleaning, and other operations on machinery and other equipment permanently attached to the building or realty as fixtures. This definition does not include, among other types of work, janitorial or custodial services and protection of the sort provided by guards or other security forces. It is the intent of the Legislature that this definition does not include painting, repainting, or decorating other than touchup, but instead it is the intent of the Legislature that such activities be controlled directly by the provisions of Section 20114. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  144. 20116.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    The district may use informal bidding for smaller jobs within the article’s limits, but it must not split work to avoid competitive bidding rules and must keep records and give required notices.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20116. It shall be unlawful to split or separate into smaller work orders or projects any work, project, service, or purchase for the purpose of evading the provisions of this article requiring contracting after competitive bidding. The district shall maintain job orders or similar records indicating the total cost expended on each project in accordance with the procedures established in the most recent edition of the California School Accounting Manual for a period of not less than three years after completion of the project. Informal bidding may be used on work, projects, services, or purchases that cost up to the limits set forth in this article. For the purpose of securing informal bids, the board shall publish annually in a newspaper of general circulation published in the district, or if there is no such newspaper, then in some newspaper in general circulation in the county, a notice inviting contractors to register to be notified of future informal bidding projects. All contractors included on the informal bidding list shall be given notice of all informal bid projects in any manner as the district deems appropriate. (Amended by Stats. 1995, Ch. 897, Sec. 4. Effective January 1, 1996.)
  145. 20117.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    If a school district receives two or more identical lowest or highest bids under competitive bidding, its governing board may choose which bid to accept by lot.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20117. Notwithstanding any other provision of law, in the event there are two or more identical lowest or highest bids, as the case may be, submitted to a school district for the purchase, sale, or lease of real property, supplies, materials, equipment, services, bonds, or the awarding of any contract, pursuant to a provision requiring competitive bidding, the governing board of any school district may determine by lot which bid shall be accepted. (Added by Stats. 1987, Ch. 1452, Sec. 527.)
  146. 20118.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    A school district board may, in the district’s best interests and without bidding, authorize certain public agencies or vendors to lease or sell property and may approve payment methods for the purchase.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20118. Notwithstanding Sections 20111 and 20112, the governing board of any school district, without advertising for bids, if the board has determined it to be in the best interests of the district, may authorize by contract, lease, requisition, or purchase order, any public corporation or agency, including any county, city, town, or district, to lease data-processing equipment, purchase materials, supplies, equipment, automotive vehicles, tractors, and other personal property for the district in the manner in which the public corporation or agency is authorized by law to make the leases or purchases from a vendor. Upon receipt of the personal property, if the property complies with the specifications set forth in the contract, lease, requisition, or purchase order, the school district may draw a warrant in favor of the public corporation or agency for the amount of the approved invoice, including the reasonable costs to the public corporation or agency for furnishing the services incidental to the lease or purchase of the personal property, or the school district may make payment directly to the vendor. Alternatively, if there is an existing contract between a public corporation or agency and a vendor for the lease or purchase of the personal property, a school district may authorize the lease or purchase of personal property directly from the vendor by contract, lease, requisition, or purchase order and make payment to the vendor under the same terms that are available to the public corporation or agency under the contract. (Amended by Stats. 2006, Ch. 730, Sec. 19.75. Effective January 1, 2007.)
  147. 20118.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    A school district governing board may contract for electronic data-processing systems and supporting software with an acceptable party among the three lowest responsible bidders.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20118.1. The governing board of any school district may contract with an acceptable party who is one of the three lowest responsible bidders for the procurement or maintenance, or both, of electronic data-processing systems and supporting software in any manner the board deems appropriate. (Added by Stats. 1987, Ch. 1452, Sec. 529.)
  148. 20118.2.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    A school district may use competitive negotiation for certain technology-related procurements if the governing board makes the required finding, and it must follow specified request-for-proposals and award procedures.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20118.2. (a) Due to the highly specialized and unique nature of technology, telecommunications, related equipment, software, and services, because products and materials of that nature are undergoing rapid technological changes, and in order to allow for the introduction of new technological changes into the operations of the school district, it is in the public’s best interest to allow a school district to consider, in addition to price, factors such as vendor financing, performance reliability, standardization, life-cycle costs, delivery timetables, support logistics, the broadest possible range of competing products and materials available, fitness of purchase, manufacturer’s warranties, and similar factors in the award of contracts for technology, telecommunications, related equipment, software, and services. (b) This section applies only to a school district’s procurement of computers, software, telecommunications equipment, microwave equipment, and other related electronic equipment and apparatus. This section does not apply to contracts for construction or for the procurement of any product that is available in substantial quantities to the general public. (c) Notwithstanding Section 20118.1, a school district may, after a finding is made by the governing board that a particular procurement qualifies under subdivision (b), authorize the procurement of the product through competitive negotiation as described in subdivision (d). (d) For purposes of this section, competitive negotiation includes, but is not limited to, all of the following requirements: (1) A request for proposals shall be prepared and submitted to an adequate number of qualified sources, as determined by the school district, to permit reasonable competition consistent with the nature and requirement of the procurement. (2) Notice of the request for proposals shall be published at least twice in a newspaper of general circulation, at least 10 days before the date for receipt of the proposals. (3) The school district shall make every effort to generate the maximum feasible number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiate if only a single response to the request for proposals is received. (4) The request for proposals shall identify all significant evaluation factors, including price, and their relative importance. (5) The school district shall provide reasonable procedures for the technical evaluation of the proposals received, the identification of qualified sources, and the selection for the award of the contract. (6) Award shall be made to the qualified bidder whose proposal meets the evaluation standards and will be most advantageous to the school district with price and all other factors considered. (7) If award is not made to the bidder whose proposal contains the lowest price, the school district shall make a finding setting forth the basis for the award. (e) The school district, at its discretion, may reject all proposals and request new proposals. (f) Provisions in any contract concerning utilization of small business enterprises, that are in accordance with the request for proposals, shall not be subject to negotiation with the successful proposer. (Added by Stats. 2005, Ch. 509, Sec. 1. Effective January 1, 2006.)
  149. 20118.3.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    A school district governing board may buy certain instructional and library materials, in needed amounts, without getting estimates or advertising for bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20118.3. The governing board of any school district may purchase supplementary textbooks, library books, educational films, audiovisual materials, test materials, workbooks, instructional computer software packages, or periodicals in any amount needed for the operation of the schools of the district without taking estimates or advertising for bids. This section shall become operative January 1, 1989, and is declaratory of existing law and practice. (Amended by Stats. 1990, Ch. 439, Sec. 1.)
  150. 20118.4.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. )

    Verify source ↗

    School district boards must put ordered contract changes in writing and agree on the cost; they may approve some changes without bids if the cost stays within stated limits.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3. School Districts [20110 - 20118.4] ( Heading of Article 3 amended by Stats. 1984, Ch. 1128, Sec. 7. ) ## 20118.4. (a) If any change or alteration of a contract governed by Article 3 (commencing with Section 17595) of Chapter 5 of Part 10.5 of the Education Code is ordered by the governing board of the district, the change or alteration shall be specified in writing and the cost agreed upon between the governing board and the contractor. The board may authorize the contractor to proceed with performance of the change or alteration, without the formality of securing bids, if the cost so agreed upon does not exceed the greater of the following: (1) The amount specified in Section 20111 or 20114, whichever is applicable to the original contract. (2) Ten percent of the original contract price. (b) The governing board of any school district, or of two or more school districts governed by governing boards of identical personnel, having an average daily attendance of 400,000 or more as shown by the annual report of the county superintendent of schools for the preceding year, may also authorize any change or alteration of a contract for reconstruction or rehabilitation work, other than for the construction of new buildings or other new structures, if the cost of the change or alteration is in excess of the limitations in paragraphs (1) and (2) of subdivision (a) but does not exceed 25 percent of the original contract price, without the formality of securing bids, and the change or alteration is a necessary and integral part of the work under the contract and the taking of bids would delay the completion of the contract. Changes exceeding 15 percent of the original contract price shall be approved by an affirmative vote of not less than 75 percent of the members of the governing board. (Amended by Stats. 2006, Ch. 538, Sec. 540. Effective January 1, 2007.)
  151. 20118.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.1. Task Order Contracting for School Districts [20118.5 - 20118.9] ( Article 3.1 added by Stats. 2018, Ch. 129, Sec. 1. )

    Verify source ↗

    This section states the Legislature’s intent to let school districts use task order contracting as an optional bidding method for renovating and repairing school facilities and grounds.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.1. Task Order Contracting for School Districts [20118.5 - 20118.9] ( Article 3.1 added by Stats. 2018, Ch. 129, Sec. 1. ) ## 20118.5. (a) It is the intent of the Legislature to enable school districts to use cost-effective options for renovating and repairing school facilities and grounds. (b) It is the intent of the Legislature to provide an optional alternative procedure for bidding on these projects. It is the intent of the Legislature that the task order procurement method improve contract efficiencies and reduce the general fund impact to school districts by reducing contract delays producing a savings in both contract costs and administration. (c) It is the intent of the Legislature that task order contracts be competitively bid for and awarded to the bidders providing the most qualified responsive bids. (Added by Stats. 2018, Ch. 129, Sec. 1. (AB 2488) Effective January 1, 2019. Repealed as of January 1, 2034, pursuant to Section 20118.9.)
  152. 20118.6.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.1. Task Order Contracting for School Districts [20118.5 - 20118.9] ( Article 3.1 added by Stats. 2018, Ch. 129, Sec. 1. )

    Verify source ↗

    A school district may use task order procurement contracts for school repairs, renovation, and related work, but only under stated limits and conditions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.1. Task Order Contracting for School Districts [20118.5 - 20118.9] ( Article 3.1 added by Stats. 2018, Ch. 129, Sec. 1. ) ## 20118.6. (a) Notwithstanding any other provisions of this chapter, the governing board of a school district may award multiple task order procurement contracts for the repair and renovation of school buildings and grounds, each not exceeding three million dollars ($3,000,000) through a single request for bid. For purposes of this article, task order procurement contracts may include, but are not limited to, services, repairs, including maintenance, and construction, as authorized in Section 20111, paid for with moneys from the school district’s general fund, a local school construction bond, or federal or state funds. The scope of a contract awarded pursuant to this article shall be limited to the purposes authorized by its funding source. The contracts shall be awarded to the lowest responsible bidder, and shall be based primarily on plans and specifications for typical work. (b) For purposes of this section, “school district” means the Los Angeles Unified School District. (c) Before entering into a contract under this section, a school district shall ensure that it is in compliance with Section 45103.1 of the Education Code. (d) (1) A task order procurement contract shall only be awarded to supplement existing personnel and shall not be used to supplant existing personnel. (2) A task order procurement contract authorized by this article shall not include services currently or customarily performed by represented employees who are in the school district’s Collective Bargaining Unit B, C, D, G, F, or S. (e) A school district may utilize task order procurement contracting pursuant to this article only if the school district has entered into a project labor agreement or agreements that meet the requirements of Section 2500 for all its public works projects. (Amended by Stats. 2023, Ch. 523, Sec. 1. (AB 439) Effective January 1, 2024. Repealed as of January 1, 2034, pursuant to Section 20118.9.)
  153. 20118.7.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.1. Task Order Contracting for School Districts [20118.5 - 20118.9] ( Article 3.1 added by Stats. 2018, Ch. 129, Sec. 1. )

    Verify source ↗

    School districts using this task order contracting method must submit reports to legislative committees by January 15, 2029 and January 15, 2033, and they must pay for the report’s cost.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.1. Task Order Contracting for School Districts [20118.5 - 20118.9] ( Article 3.1 added by Stats. 2018, Ch. 129, Sec. 1. ) ## 20118.7. (a) (1) On or before January 15, 2029, and on or before January 15, 2033, a school district that uses the task order procurement contracting method pursuant to this article shall submit to the appropriate policy and fiscal committees of the Legislature a report on the use of the task order procurement contracting method. The report shall be prepared by an independent third party and the school district shall pay for the cost of the report. (2) The report shall include, but is not limited to, the following information: (A) A description of the projects awarded using the task order procurement contracting method. (B) The contract award amounts. (C) The task order contractors awarded the projects. (D) A description of any written protests concerning any aspect of the solicitation, bid, or award of the task order procurement contracts, including the resolution of the protests. (E) A description of the prequalification process. (F) If a project awarded under this article has been completed, an assessment of the performance on a per project basis, including, but not limited to, a summary of any delays or cost increases. The report may also include an assessment of the performance on a per contractor basis. (b) (1) Pursuant to Section 10231.5 of the Government Code, this section is inoperative on January 1, 2034. (2) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2023, Ch. 523, Sec. 2. (AB 439) Effective January 1, 2024. Inoperative January 1, 2034, by its own provisions. Repealed as of January 1, 2034, pursuant to Section 20118.9.)
  154. 20118.8.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.1. Task Order Contracting for School Districts [20118.5 - 20118.9] ( Article 3.1 added by Stats. 2018, Ch. 129, Sec. 1. )

    Verify source ↗

    The task order procurement contracting method is not meant to change the school district governing board’s existing rules for awarding a project to the lowest responsible bidder or rejecting all bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.1. Task Order Contracting for School Districts [20118.5 - 20118.9] ( Article 3.1 added by Stats. 2018, Ch. 129, Sec. 1. ) ## 20118.8. Except as otherwise provided in this article, the task order procurement contracting method is not intended to change any guideline, criterion, procedure, or requirement of the governing board of the school district to let a contract for a project to the lowest responsible bidder or else reject all bids. (Added by Stats. 2018, Ch. 129, Sec. 1. (AB 2488) Effective January 1, 2019. Repealed as of January 1, 2034, pursuant to Section 20118.9.)
  155. 20118.9.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.1. Task Order Contracting for School Districts [20118.5 - 20118.9] ( Article 3.1 added by Stats. 2018, Ch. 129, Sec. 1. )

    Verify source ↗

    This article stays in effect only until January 1, 2034, and is repealed on that date.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.1. Task Order Contracting for School Districts [20118.5 - 20118.9] ( Article 3.1 added by Stats. 2018, Ch. 129, Sec. 1. ) ## 20118.9. This article shall remain in effect only until January 1, 2034, and as of that date is repealed. (Amended by Stats. 2023, Ch. 523, Sec. 3. (AB 439) Effective January 1, 2024. Repealed as of January 1, 2034, by its own provisions. Note: Repeal affects Article 3.1, commencing with Section 20118.5.)
  156. 20119.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. )

    Verify source ↗

    This section says the Legislature wants school districts to have an optional alternative procedure for bidding and building school construction projects, and to use best value procurement to help with cost-effective school facility work.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. ) ## 20119. (a) It is the intent of the Legislature to enable school districts to use cost-effective options for building and modernizing school facilities. The Legislature has recognized the merits of the best value procurement method process in the past by authorizing its use for projects undertaken by the University of California. (b) The Legislature finds and declares that school districts using the best value procurement method require a clear understanding of the roles and responsibilities of each participant in the best value process. As reflected in the University of California report to the Legislature, the benefits of a best value procurement method include a reduction in contract delays, change orders, and claims producing a savings in both contract costs and administration. (c) The Legislature further finds and declares that the best value procurement method has provided the benefits of more qualified contractors applying and an open dialogue on project approach, according to the Los Angeles Unified School District’s interim report to the Legislature from November 2019, titled “Los Angeles Unified School District, Final Report on Best Value Procurement Method.” (d) The Legislature also finds and declares that the Los Angeles Unified School District achieved expected benefits from the best value method such as fewer change orders, less schedule delays, and fewer claims according to the Los Angeles Unified School District’s final report to the Legislature from December 2024, titled “Los Angeles Unified School District, Review of the Best Value Procurement Method.” (e) It is the intent of the Legislature to provide to all school districts an optional, alternative procedure for bidding and building school construction projects. (Amended by Stats. 2025, Ch. 144, Sec. 1. (AB 361) Effective January 1, 2026.)
  157. 20119.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. )

    Verify source ↗

    This section defines terms used for Los Angeles Unified School District best value procurement.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. ) ## 20119.1. As used in this article: (a) “Best value” means a procurement process whereby the selected 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 competitively bid contract entered into pursuant to this article. (c) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for and is awarded a best value contract. (d) “Best value score” means the resulting score when the school district divides the bidder’s price by the bidder’s qualification score. (e) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. (f) “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 and required insurance. (g) “Governing board” or “governing board of the school district” means the governing board of the Los Angeles Unified School District. (h) “Labor compliance” means the ability to comply with, and past conformance 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, at 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. (i) “Project” has the same meaning as “public project,” as defined in subdivision (c) of Section 22002. (j) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, to the extent relevant, the preceding qualifications as they pertain to all subcontractors proposed to be used by the bidder for designated portions of the work. (k) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. (l) “Safety record” shall be deemed “acceptable” if a contractor’s experience modification rate for the most recent three-year period is an average of 1.00 or less, and the contractor’s average total recordable injury or illness rate and average lost work rate for the most recent three-year period do not exceed the applicable statistical standards for its business category or if the bidder is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code. (m) “School district” means the Los Angeles Unified School District. (Amended by Stats. 2020, Ch. 46, Sec. 2. (AB 1981) Effective January 1, 2021.)
  158. 20119.10.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. )

    Verify source ↗

    School districts must follow specific steps when awarding best value contracts, including bid solicitation, bidder prequalification, and keeping bidder identity and price information confidential during final evaluation.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. ) ## 20119.10. The governing board of the school district shall proceed in accordance with all of the following when awarding best value contracts under this article: (a) The school district shall prepare a solicitation for bids and give notice pursuant to Section 20112. (b) (1) The school district shall establish a procedure to prequalify bidders as required by this code. 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). (2) A best value entity shall not be prequalified or short-listed unless the entity provides an enforceable commitment to the governing board of the school district that the entity 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 Chapter 2.9 (commencing with Section 2600) of Part 1. (3) Paragraph (2) shall not apply if any of the following requirements are met: (A) The school district has 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 school district prior to January 1, 2025. (C) The entity 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. (4) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500. (c) 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 all of the following: (A) Criteria that the school district will consider in evaluating the qualifications of the bidders. (B) The methodology and rating or weighting system that will be used by the school district 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. (d) Final evaluation of the bidders shall be done in a manner that prevents the identity of the bidders and the cost or price information from being revealed in evaluating the qualifications of the bidders prior to completion of qualification scoring. (Added by Stats. 2025, Ch. 144, Sec. 7. (AB 361) Effective January 1, 2026. Repealed as of January 1, 2031, pursuant to Section 20119.13.)
  159. 20119.11.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. )

    Verify source ↗

    School districts using the best value procurement method must submit a report to the Legislature by January 1, 2030.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. ) ## 20119.11. (a) (1) (A) A school district that uses the best value procurement method pursuant to this article shall submit to the appropriate policy and fiscal committees of the Legislature a report on the use of the best value procurement method. (B) The report shall be prepared by an independent third party and the school district shall pay for the cost of the report. (C) Multiple school districts may work together to submit a single report reflecting each of the participating school districts. (D) The report shall be submitted on or before January 1, 2030, to the appropriate policy and fiscal committees of the Legislature. (2) The report shall include, but is not limited to, all of the following information: (A) A description of the projects awarded using the best value procedures. (B) The contract award amounts. (C) The names of the best value contractors awarded the projects. (D) A description of any written protests concerning any aspect of the solicitation, bid, or award of the best value contracts, including the resolution of the protests. (E) A description of the prequalification process. (F) The criteria used to evaluate the bids, including the weighting of the criteria and an assessment of the effectiveness of the methodology. (G) If a project awarded under this article has been completed, an assessment of the project performance, including a summary of any delays or cost increases. (b) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2031, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2025, Ch. 144, Sec. 7. (AB 361) Effective January 1, 2026. Repealed as of January 1, 2031, pursuant to Section 20119.13.)
  160. 20119.12.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. )

    Verify source ↗

    This section says the best value procurement method does not change the school district governing board’s existing guidelines, criteria, procedures, or requirements for awarding a contract to the lowest responsible bidder or rejecting all bids, except as otherwise provided in the article.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. ) ## 20119.12. Except as otherwise provided in this article, the best value procurement method is not intended to change any guideline, criterion, procedure, or requirement of the governing board of the school district to let a contract for a project to the lowest responsible bidder or else reject all bids. (Added by Stats. 2025, Ch. 144, Sec. 7. (AB 361) Effective January 1, 2026. Repealed as of January 1, 2031, pursuant to Section 20119.13.)
  161. 20119.13.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. )

    Verify source ↗

    This article stays in effect only until January 1, 2031, when it is repealed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. ) ## 20119.13. This article shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2025, Ch. 144, Sec. 7. (AB 361) Effective January 1, 2026. Repealed as of January 1, 2031, by its own provisions. Note: Repeal affects Article 3.4, commencing with Section 20119.8.)
  162. 20119.2.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. )

    Verify source ↗

    For projects over $1,000,000, the school district’s governing board may use best value procurement, but if it does, it must adopt and publish bidder-evaluation procedures and award the contract to the best value bidder or reject all bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. ) ## 20119.2. (a) The governing board, for projects over one million dollars ($1,000,000), may use the best value procurement method in accordance with this article. (b) The bidder may be selected on the basis of the best value to the governing board of the school district. In order to implement this method of selection, the governing board of the school district shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall conform to this article and shall be mandatory for the school district when using best value selection. (c) If the governing board of the school district deems it to be for the best interest of the school district, the governing board of the school district, on the refusal or failure of the selected bidder for a project to execute a tendered contract, may award it to the bidder with the second lowest best value score. If the second bidder fails or refuses to execute the contract, the governing board of the school district may likewise award it to the bidder with the third lowest best value score. (d) The governing board of the school district shall let any contract for a project pursuant to this article to the selected bidder that represents the best value or else reject all bids. (e) (1) If the school district elects to award a project pursuant to this section, retention proceeds withheld by the district from the selected best value contractor shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids. (2) In a contract between the selected best value contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the district and the selected best value contractor. If the selected best value contractor provides written notice to a subcontractor that, prior to or at the time the bid is requested, a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the selected best value contractor, then the selected best value contractor may withhold retention proceeds in excess of the percentage specified in the contract between the district and the selected best value contractor from any payment made by the selected best value contractor to the subcontractor. (f) All subcontractors bidding on contracts pursuant to this chapter shall be afforded the protection contained in Chapter 4 (commencing with Section 4100) of Part 1. (Amended by Stats. 2025, Ch. 144, Sec. 2. (AB 361) Effective January 1, 2026.)
  163. 20119.3.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. )

    Verify source ↗

    The school district’s governing board must follow these rules when awarding best value contracts, including bid notice, bidder prequalification, bid content requirements, and confidentiality limits.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. ) ## 20119.3. The governing board of the school district shall proceed in accordance with the following when awarding best value contracts under this article: (a) The school district shall prepare a solicitation for bids and give notice pursuant to Section 20112. (b) (1) The school district shall establish a procedure to prequalify bidders as required by this code. 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). (2) A best value entity shall not be prequalified or short-listed unless the entity provides an enforceable commitment to the governing board that the entity 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 Chapter 2.9 (commencing with Section 2600) of Part 1. (3) Paragraph (2) shall not apply if any of the following requirements are met: (A) The school district has 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 school district prior to January 1, 2025. (C) The entity 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. (4) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500. (c) 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 school district will consider in evaluating the qualifications of the bidders. (B) The methodology and rating or weighting system that will be used by the school district 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. (d) Final evaluation of the bidders shall be done in a manner that prevents the identity of the bidders and the cost or price information from being revealed in evaluating the qualifications of the bidders prior to completion of qualification scoring. (Amended by Stats. 2025, Ch. 144, Sec. 3. (AB 361) Effective January 1, 2026.)
  164. 20119.4.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. )

    Verify source ↗

    The school district must evaluate bidders using the solicitation criteria, score bids, apply a small-business price preference of up to 5%, and award the contract to the written best-value bidder or reject all bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. ) ## 20119.4. Selection of the best value contractor shall be made as follows: (a) (1) The school district shall evaluate the qualifications of the bidders based solely upon the criteria set forth in the solicitation documents, and shall assign a qualification score to each bid. (2) Qualification scores shall be determined by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the school district: (A) Relevant experience. (B) Safety record. (C) Other factors identified in the request for proposal. (b) To determine the best value contractor, the school district shall divide each bidder’s price by its qualifications score. A preference of up to 5 percent shall be applied to the price of a bid submitted by a small business, as defined by the school district, before dividing the bidder’s price by its qualification score. The lowest resulting cost per quality point will represent the best value bid. The award of the contract shall be made to the bidder whose bid is determined, by the school district in writing, to be the best value to the school district. (c) The school district shall issue a written decision of its contract award or else reject all bids. (d) Upon issuance of a contract award, the school district shall publicly announce its award identifying the project, the project price, the best value contractor to which the award is made, as well as the prices, qualification scores, and resulting costs per qualification point for all responsive bidders. The contract file shall include documentation sufficient to support the decision to award. (Added by Stats. 2015, Ch. 786, Sec. 1. (AB 1185) Effective January 1, 2016.)
  165. 20119.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. )

    Verify source ↗

    The best value procurement method is not meant to change the school district governing board’s existing guidelines, criteria, procedures, or requirements for awarding a project contract to the lowest responsible bidder or rejecting all bids.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.3. Los Angeles Unified School District — Best Value Procurement [20119 - 20119.5] ( Article 3.3 added by Stats. 2015, Ch. 786, Sec. 1. ) ## 20119.5. Except as otherwise provided in this article, the best value procurement method is not intended to change any guideline, criterion, procedure, or requirement of the governing board of the school district to let a contract for a project to the lowest responsible bidder or else reject all bids. (Added by renumbering Section 20119.6 by Stats. 2025, Ch. 144, Sec. 5. (AB 361) Effective January 1, 2026.)
  166. 20119.8.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. )

    Verify source ↗

    This section defines terms used for school-district best value procurement.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. ) ## 20119.8. As used in this article: (a) “Best value” means a procurement process whereby the selected 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 competitively bid contract entered into pursuant to this article. (c) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for and is awarded a best value contract. (d) “Best value score” means the resulting score when the school district divides the bidder’s price by the bidder’s qualification score. (e) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. (f) “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 and required insurance. (g) (1) “Governing board” or “governing board of the school district” means the governing board of a school district. (2) For purposes of paragraph (1), “school district” does not include the Los Angeles Unified School District. (h) “Labor compliance” means the ability to comply with, and past conformance 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, at 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. (i) “Project” has the same meaning as “public project,” as defined in subdivision (c) of Section 22002. (j) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, to the extent relevant, the preceding qualifications as they pertain to all subcontractors proposed to be used by the bidder for designated portions of the work. (k) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. (l) “Safety record” shall be deemed “acceptable” if a contractor’s experience modification rate for the most recent three-year period is an average of 1.00 or less, and the contractor’s average total recordable injury or illness rate and average lost work rate for the most recent three-year period do not exceed the applicable statistical standards for its business category or if the bidder is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code. (Added by Stats. 2025, Ch. 144, Sec. 7. (AB 361) Effective January 1, 2026. Repealed as of January 1, 2031, pursuant to Section 20119.13.)
  167. 20119.9.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. )

    Verify source ↗

    A school district governing board may use best value procurement for projects over $1,000,000 before December 31, 2030, and must adopt published bidder-evaluation procedures.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.4. Best Value Procurement for School Districts [20119.8 - 20119.13] ( Article 3.4 added by Stats. 2025, Ch. 144, Sec. 7. ) ## 20119.9. (a) The governing board, for projects over one million dollars ($1,000,000), before December 31, 2030, may use the best value procurement method in accordance with this article. (b) The bidder may be selected on the basis of the best value to the governing board of the school district. In order to implement this method of selection, the governing board of the school district shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall conform to this article and shall be mandatory for the school district when using best value selection. (c) If the governing board of the school district deems it to be for the best interest of the school district, the governing board of the school district, on the refusal or failure of the selected bidder for a project to execute a tendered contract, may award it to the bidder with the second lowest best value score. If the second bidder fails or refuses to execute the contract, the governing board of the school district may likewise award it to the bidder with the third lowest best value score. (d) The governing board of the school district shall let any contract for a project pursuant to this article to the selected bidder that represents the best value or else reject all bids. (e) (1) If the school district elects to award a project pursuant to this section, retention proceeds withheld by the school district from the selected best value contractor shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids. (2) In a contract between the selected best value contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the school district and the selected best value contractor. If the selected best value contractor provides written notice to a subcontractor that, prior to or at the time the bid is requested, a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the selected best value contractor, then the selected best value contractor may withhold retention proceeds in excess of the percentage specified in the contract between the school district and the selected best value contractor from any payment made by the selected best value contractor to the subcontractor. (f) All subcontractors bidding on contracts pursuant to this chapter shall be afforded the protection contained in Chapter 4 (commencing with Section 4100) of Part 1. (Added by Stats. 2025, Ch. 144, Sec. 7. (AB 361) Effective January 1, 2026. Repealed as of January 1, 2031, pursuant to Section 20119.13.)
  168. 20120.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    This article applies to public works contracts awarded by counties subject to Title 3 of the Government Code.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20120. This article applies to public works contracts awarded by counties subject to Title 3 (commencing with Section 23000) of the Government Code. For purposes of this article, the population of a county shall be the most recent estimate determined by the Demographic Research Unit of the Department of Finance. (Amended by Stats. 2019, Ch. 29, Sec. 128. (SB 82) Effective June 27, 2019.)
  169. 20121.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    If the estimated cost of certain listed construction work, painting, or repairs exceeds $4,000, the work must be done by contract; a contract not let under this article is void.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20121. Whenever the estimated cost of construction of any wharf, chute, or other shipping facility, or of any hospital, almshouse, courthouse, jail, historical museum, aquarium, county free library building, branch library building, art gallery, art institute, exposition building, stadium, coliseum, sports arena or sports pavilion or other building for holding sports events, athletic contests, contests of skill, exhibitions, spectacles and other public meetings, or other public building or the cost of any painting, or repairs thereto exceeds the sum of four thousand dollars ($4,000), inclusive of the estimated costs of materials or supplies to be furnished pursuant to Section 20131, the work shall be done by contract. Any such contract not let pursuant to this article is void. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  170. 20121.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    A county board of supervisors does not have to contract for certain landfill-related construction and repair work when the work is necessary to keep day-to-day landfill operations running.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20121.1. Notwithstanding Section 20121, a county board of supervisors need not contract for grading, drainage, pipe laying, fencing, landscaping, instrument installation, and similar construction and repair work necessary to maintain day-to-day landfill operations. (Added by Stats. 1990, Ch. 907, Sec. 1.)
  171. 20122.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    In counties with 500,000 or more people, certain work from Section 20121 does not have to be done by contract if the estimated cost is under $6,500, excluding materials or supplies under Section 20133.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20122. In counties containing a population of 500,000 or over, the work referred to in Section 20121 need not be done by contract if the estimated cost thereof is less than six thousand five hundred dollars ($6,500), exclusive of the estimated cost of materials or supplies to be furnished pursuant to Section 20133. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  172. 20123.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    Section 20123 creates population-and-cost-based exceptions to the usual application of Sections 20121 and 20122 for county-owned building alteration or repair work.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20123. (a) In counties containing a population of 2,000,000 or over, as determined by the last federal or special census or subsequent estimate validated by the Demographic Research Unit of the Department of Finance, Sections 20121 and 20122 do not apply to alteration or repair work upon county-owned buildings, if the cost of the work is under fifty thousand dollars ($50,000). (b) (1) Notwithstanding subdivision (a), in a county with a population of 9,000,000 or over, as determined by the last federal or special census or subsequent estimate validated by the Demographic Research Unit of the Department of Finance, Sections 20121 and 20122 do not apply to the alteration or repair work upon county-owned buildings, if the cost of the work is under one hundred twenty-five thousand dollars ($125,000). (2) Paragraph (1) shall not apply if the amount described in subdivision (a) of Section 22032 is equal to or exceeds one hundred twenty-five thousand dollars ($125,000). (Amended by Stats. 2025, Ch. 52, Sec. 1. (SB 409) Effective January 1, 2026.)
  173. 20123.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    A person may not split a county public works project into smaller orders to avoid competitive bidding rules.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20123.5. In any county, it is unlawful to split or separate into smaller work orders or projects any public work project for the purpose of evading the provisions of this article requiring public work to be done by contract after competitive bidding. Every person who willfully violates the provisions of this section is guilty of a misdemeanor. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  174. 20125.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    The board must publish an advertisement for bids for the work in a qualifying county newspaper, or post notice in three public places for at least two weeks if no such newspaper exists.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20125. The board shall cause an advertisement for bids for the performance of the work to be published pursuant to Section 6062 of the Government Code in a daily newspaper, or pursuant to Section 6066 of the Government Code in a weekly newspaper, of general circulation published in the county. If there is no such newspaper published in the county, the notice shall be given by posting in three public places for at least two weeks. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  175. 20126.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    A bid notice that identifies possible material locations for a construction project must include any conditions or modifications established under Fish and Game Code Section 1603.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20126. Any notice inviting bids which specifies locations of possible materials, such as a borrow pit or gravel bed, for use in the proposed construction project which would be subject to Section 1602 of the Fish and Game Code shall include any conditions or modifications established pursuant to Section 1603 of the Fish and Game Code. (Amended by Stats. 2005, Ch. 383, Sec. 9. Effective January 1, 2006.)
  176. 20127.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    All bidders must be given an opportunity to examine the plans, specifications, strain sheets, and working details.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20127. All bidders shall be afforded opportunity to examine the plans, specifications, strain sheets, and working details. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  177. 20128.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    The board must award the contract to the lowest responsible bidder, and the winning bidder must do the work according to the plans and related details unless the board modifies the contract by a four-fifths vote.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20128. The board shall award the contract to the lowest responsible bidder, and the person to whom the contract is awarded shall perform the work in accordance with the plans, specifications, strain sheets, and working details, unless the contract is modified by a four-fifths vote of the board. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  178. 20128.5.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    The board of supervisors may award individual annual contracts for repair, remodeling, or other repetitive work, subject to a $3,000,000 cap and other limits; new construction is not allowed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20128.5. Notwithstanding any other provisions of this article, the board of supervisors may award individual annual contracts, none of which shall exceed three million dollars ($3,000,000), adjusted annually to reflect the percentage change in the California Consumer Price Index, for repair, remodeling, or other repetitive work to be done according to unit prices. No annual contracts may be awarded for any new construction. The contracts shall be awarded to the lowest responsible bidder and shall be based on plans and specifications for typical work. No project shall be performed under the contract except by order of the board of supervisors, or an officer acting pursuant to Section 20145. 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. For purposes of this section, “repair, remodeling, or other repetitive work to be done according to unit prices” shall not include design or contract drawings. (Amended by Stats. 1997, Ch. 431, Sec. 1. Effective January 1, 1998.)
  179. 20129.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    Construction bids must be sealed and include bidder’s security, and the winning bidder must provide a performance bond approved by the board.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20129. (a) All bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (1) Cash. (2) A cashier’s check made payable to the county. (3) A certified check made payable to the county. (4) A bidder’s bond executed by an admitted surety insurer, made payable to the county. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the county beyond 60 days from the time the award is made. (b) The person to whom the contract is awarded shall execute a bond to be approved by the board for the faithful performance of the contract. (Amended by Stats. 1990, Ch. 808, Sec. 5.)
  180. 20130.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    A county board of supervisors may reject all bids and have the work done by day’s work if the county surveyor or engineer advises that the facility can be built or repaired for less than the lowest responsible bid.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20130. If the board of supervisors is advised by the county surveyor or engineer that any wharf, chute, or other shipping facility can be constructed or repaired for a sum less than the lowest responsible bid, it may reject all bids and order the work done by day’s work under the supervision and direction of the surveyor or engineer. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  181. 20131.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    Some counties may authorize purchasing agents to make certain purchases or contracts without bids or other formalities, subject to cost limits and, for county hospital professional services or medical supplies, a budget appropriation.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20131. Counties which employ purchasing agents may: (a) Authorize the agent to employ state-licensed independent contractors and purchase materials, furnishings, and supplies used in the construction or repair of public works estimated as costing not more than six thousand five hundred dollars ($6,500) without the formality of obtaining bids, letting contracts, preparing specifications, and the other things required by this article. (b) In counties containing a population of 500,000 or more, authorize the agent to purchase materials and supplies used in the construction or repair of public works estimated as costing not more than three thousand five hundred dollars ($3,500) without the formality of obtaining bids, letting contracts, preparing specifications, and the other things required by this article. (c) Authorize the agent to purchase or contract for medical or surgical equipment or supplies, or for professional services, for a county hospital without competitive bidding, so long as an appropriation for the costs of those purchases or contracts is included in the county budget. As used in this subdivision, “medical or surgical equipment or supplies” means only equipment or supplies commonly, necessarily, and directly used by or under the direction of a physician and surgeon in caring for or treating a patient in a hospital. (Added by Stats. 1993, Ch. 1195, Sec. 22.5. Effective January 1, 1994.)
  182. 20132.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    A county board of supervisors may let the county administrative officer or equivalent executive officer sign certain county contracts, if the contracts are for approved and budgeted purposes and do not exceed $5,000, and the approval must later be ratified by the board.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20132. The board of supervisors of any county may delegate to the county administrative officer or the county executive officer in an equivalent position, the power to enter into and execute on behalf of the county any contracts, which do not involve the expenditure of more than five thousand dollars ($5,000), which relate to purposes previously approved and budgeted by the board of supervisors, subject to ratification of such approval and execution by the board of supervisors. This section shall not apply to: (a) Matters within the purview of Section 20131. (b) Contracts for the construction of public improvements. (c) Contracts which must be awarded after public notice and competitive bidding. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  183. 20134.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    This section lets a county board of supervisors use expedited contracting rules for certain emergency or overcrowding-related construction projects, but it also imposes several conditions and follow-up requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20134. (a) In cases of emergency, when repair or replacements are necessary to permit the continued conduct of county operations or services, the board of supervisors, by majority consent, may proceed at once to replace or repair any and all structures without adopting the plans, specifications, strain sheets, or working details or, subject to Chapter 2.5 (commencing with Section 22050), giving notice for bids to let contracts. If notice for bids to let contracts will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050). The work may be done by day labor under the direction of the board, by contract, or by a combination of the two. If the work is done wholly or in part by contract, the contractor shall be paid the actual cost of the use of machinery and tools and of material, and labor and of workers’ compensation insurance expended by him or her in doing the work, plus not more than 15 percent to cover all profits and administration. No more than the lowest current market prices shall be paid for materials whenever possible. (b) In a county of the first, second, third, or fourth class, which is under court order to relieve jail overcrowding or in which the sheriff certifies that the inmate capacity of the county jail system is exceeded by more than 20 percent and that the overpopulation is likely to continue and poses a threat to public safety, health, and welfare, the board of supervisors may contract for the construction or expansion of jail facilities without the formality of obtaining bids, adopting plans and specifications, or complying with other requirements of this article, except as required by this subdivision. The person to whom the contract is awarded shall execute a bond for faithful performance in accordance with Section 20129. Any plans and specifications adopted by the board may only be altered or changed in accordance with Section 20135 and all contracts awarded pursuant to this subdivision may only be altered or changed in accordance with Sections 20136, 20137, and 20138. The award of the contract shall be made after a public hearing on the basis of a request for proposals advertised in accordance with Section 6062 or 6062a of the Government Code. The contract may be awarded only to a contractor who has responded to the request for proposals and who is licensed to do the work in accordance with Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. The contract shall be upon terms which the board determines are necessary for the expeditious completion of the work. A contract shall not be entered into unless at least three proposals to do the work have been evaluated by a competitive process established by the board. If the board does not select the lowest bid, it shall make a finding stating the reasons that the lowest bid was not selected. (c) In any county that has agreed to permit the transfer of prisoners or parole violators under Section 2910 or 2910.5 of the Penal Code or of wards under Section 1753.3 of the Welfare and Institutions Code, the board of supervisors may contract for the construction or expansion of the facilities to be used for that purpose without the formality of obtaining bids, adopting plans and specifications, or complying with other requirements of this article, except as required by this subdivision. The person to whom the contract is awarded shall execute a bond for faithful performance in accordance with Section 20129. Any plans and specifications adopted by the board may only be altered or changed in accordance with Section 20135 and all contracts awarded pursuant to this subdivision may only be altered or changed in accordance with Sections 20136, 20137, and 20138. The award of the contract shall be made after a public hearing on the basis of a request for proposals advertised in accordance with Section 6062 or 6062a of the Government Code. The contract may be awarded only to a contractor who has responded to the request for proposals and who is licensed to do the work in accordance with Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. The contract shall be upon terms which the board determines are necessary for the expeditious completion of the work. A contract shall not be entered into unless at least three proposals to do the work have been evaluated by a competitive process established by the board and the lowest bid is selected. (d) Proposed construction or expansion of jail or return-to-custody facilities as authorized under subdivision (b) or (c) shall not commence in a county of the third class without the affirmative vote of a majority of the city council of the incorporated city within which the construction or expansion is proposed. (e) The board of supervisors may waive the requirements of Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code for work performed pursuant to subdivision (b) or (c). (f) If any county that is under court order to relieve overcrowding in a county juvenile facility, as defined by subdivision (c) of Section 4481 of the Penal Code or in which the chief probation officer certifies that the juvenile detention capacity of the county juvenile facilities is exceeded by more than 20 percent and that the overpopulation is likely to continue and poses a threat to public safety, health, and welfare, the board of supervisors may contract for the construction or expansion of county juvenile facilities without the formality of obtaining bids, adopting plans and specifications, or complying with other requirements of this article, except as required by this subdivision. The person to whom the contract is awarded shall execute a bond for faithful performance in accordance with Section 20129. Any plans and specifications adopted by the board may only be altered or changed in accordance with Section 20135 and all contracts awarded pursuant to this subdivision may only be altered or changed in accordance with Sections 20136, 20137, and 20138. The award of the contract shall be made after a public hearing on the basis of a request for proposals advertised in accordance with Section 6062 or 6062a of the Government Code. The contract may be awarded only to a contractor who has responded to the request for proposals and who is licensed to do the work in accordance with Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. The contract shall be upon terms which the board determines are necessary for the expeditious completion of the work. A contract shall not be entered into unless at least three proposals to do the work have been evaluated by a competitive process established by the board. If the board does not select the lowest bidder, it shall make a finding stating the reasons that the lowest bidder was not selected. (g) In a county of the third class in which there are no available courtrooms to accommodate all authorized judicial positions or in which the board of supervisors certifies that there is a significant need to expeditiously construct new court and court support facilities, the board of supervisors may contract for the construction or expansion of court and court support facilities without the formality of obtaining bids, adopting plans and specifications, or complying with other requirements of this article, except as required by this subdivision. The person to whom the contract is awarded shall execute a bond for faithful performance in accordance with Section 20129. Any plans and specifications adopted by the board may only be altered or changed in accordance with Section 20135 and all contracts awarded pursuant to this subdivision may only be altered or changed in accordance with Sections 20136, 20137, and 20138. The award of the contract shall be made after a public hearing on the basis of a request for proposals advertised in accordance with Section 6062 or 6062a of the Government Code. The contract may be awarded only to a contractor who has responded to the request for proposals and who is licensed to do the work in accordance with Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. The contract shall be upon terms which the board determines are necessary for the expeditious completion of the work. A contract shall not be entered into unless at least three proposals to do the work have been evaluated by a competitive process established by the board and the lowest bid is selected. This subdivision shall remain in effect until December 31, 1994. (Amended by Stats. 2010, Ch. 697, Sec. 48. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  184. 20135.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    Plans and specifications for certain public construction may not be changed in a way that increases cost unless two-thirds of the board of supervisors votes to թույլ authorize it.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20135. The plans and specifications adopted by the board for the erection, alteration, construction, or repair of any public building or other public structure shall not be altered or changed in any manner which increases its cost, except by a vote of two-thirds of the members of the board of supervisors. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  185. 20136.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    A board generally may not alter or change a contract for public building or structure work, unless one of the listed exceptions applies.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20136. Whenever the board enters into a contract for the erection, construction, alteration, or repair of any public building or other structure, the contract shall not be altered or changed in any manner, except: (a) As provided in Section 20142. (b) As provided for in the contract itself, or specifications. (c) By order adopted by a vote of two-thirds of the board, and the consent of the contractor. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  186. 20137.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    When a county contract change is ordered, it must be put in writing by a duly authorized county officer, and the board can approve the contractor to proceed without bids only if the cost is within certain limits.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20137. If any change or alteration of the contract is ordered, it shall be specified in writing by a duly authorized officer of the county. The cost of such change or alteration must be agreed upon between the board and the contractor unless the contract includes a provision to determine a fair and equitable price for the change or alteration. Such a provision may provide for any method of determining the price common in commercial transactions, including, but not limited to, arbitration or cost plus a fixed fee. If the cost so agreed upon: (a) Does not exceed the amounts specified in Sections 20121 and 21031, or (b) Does not exceed 10 percent of the original contract price, the board may authorize the contractor to proceed with the change or alteration without the formality of obtaining bids therefor. No change or alteration shall be authorized the amount of which is within the limitation specified in subdivision (b) and in excess of the limitation specified in subdivision (a) except by four-fifths vote of the board. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  187. 20138.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    If a contract modification reduces the cost of the work, compensation must be made to the county.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20138. If the cost of the work is reduced by reason of any modification of the contract, compensation shall be made to the county therefor. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  188. 20139.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    The board must not pay or accept liability for extra work or extra materials on a building or structure under a contract covered by this article unless Section 20142 is followed or the contract specifically allows it or is properly changed.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20139. The board shall not pay or become liable for any extra work done on, or extra material furnished for, any building or structure in the course of performance of a contract let pursuant to this article except in accordance with Section 20142, unless the contract specifically provides for such payment or the contract is changed or modified in the manner provided for in this article. (Amended by Stats. 1986, Ch. 1019, Sec. 36.)
  189. 20140.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    The board must determine the payment method for construction contracts, and it may include progress payments for completed work and certain unused materials.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20140. The method of payment for construction contracts shall be determined by the board, including progress payments for completed portions of the work and for materials delivered on the ground or stored subject to the control of the board and unused. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  190. 20141.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    This article does not apply to certain public buildings for juvenile forestry camps, juvenile homes, ranches, or camps when most of the construction work is done by wards of the juvenile court assigned there.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20141. The provisions of this article shall not apply to the construction of any public building used for facilities of juvenile forestry camps or juvenile homes, ranches or camps established under Article 15 (commencing with Section 880) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, if a major portion of the construction work is to be performed by wards of the juvenile court assigned to such camps, ranches, or homes. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  191. 20143.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    The board may require contract provisions for extra work and materials needed to complete public building or structure projects.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20143. The board may cause the insertion of provisions in any contract for the erection, construction, alteration, or repair of any public building or structure, or in the specifications therefor, for the performance of such extra work and the furnishing of materials therefor by the contractor as the board, county engineer, or other duly authorized officer requires for the proper completion or construction of the whole work contemplated. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  192. 20144.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    This article does not apply to certain Napa County contracts involving the State of California for work on the Old Bale Mill.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20144. The provisions of this article do not apply to any contract which is entered into between Napa County and the State of California or any agency of the executive department of the State of California, for the alteration or repair of the structure located in Napa County and known as the Old Bale Mill. (Added by Stats. 1982, Ch. 465, Sec. 11.)
  193. 20145.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    In counties with 6,000,000 or more people, the board of supervisors may, by ordinance, let a county officer handle certain board actions for qualifying public contracts, subject to detailed procedures and contract-size limits.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20145. (a) In counties containing a population of 6,000,000 or over, the board of supervisors may by ordinance authorize any county officer as is deemed appropriate to take or perform any or all acts or actions permitted or required of the board by this article, including the authority to adopt and advertise plans and specifications, award contracts, approve bonds, or order the change or alteration of contracts, with respect to original contracts which do not exceed the total amount of three hundred thirty thousand dollars ($330,000) or with respect to changes or alterations to original contracts entered into by the board where the changes or alterations do not exceed 10 percent of the amount of the original contract or three hundred thirty thousand dollars ($330,000), whichever is less. The aggregate total amount of those changes or alterations to an original contract may not exceed 25 percent of the amount of the original contract. Any authorization pursuant to this section shall include detailed procedures governing the county officer in the exercise of that authority. (b) Nothing in this section shall be construed to remove the county’s requirement to follow the applicable provisions of the Public Contract Code as it relates to the advertising of public works projects and award of public works contracts. (Amended by Stats. 2019, Ch. 329, Sec. 16. (SB 780) Effective January 1, 2020.)
  194. 20146.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    This section lets a county or public entity use construction manager at-risk contracts for certain infrastructure projects, but only with required approvals and subject to conditions, workforce commitments, subcontracting notice rules, retention limits, and a sunset date.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20146. (a) A county, with approval of the board of supervisors, or a public entity, with approval of its governing body, may utilize construction manager at-risk construction contracts for the erection, construction, alteration, repair, or improvement of any infrastructure, excluding roads, and including, but not limited to, buildings, utility improvements associated with buildings, flood control and underground utility improvements, and bridges, owned or leased by the county. A construction manager at-risk construction contract may be used only for projects in the county in excess of one million dollars ($1,000,000) and may be awarded using either the lowest responsible bidder or best value method to a construction manager at-risk entity that possesses or that obtains sufficient bonding to cover the contract amount for construction services and risk and liability insurance as may be required by the county or public entity. Any payment or performance bond written for the purposes of this section shall be written using a bond form developed by the county or public entity. (b) For purposes of this section, the following definitions apply: (1) “Best value” means a value determined by objective criteria related to the experience of the entity and project personnel, project plan, financial strength of the entity, safety record of the entity, and price. (2) “Construction manager at-risk contract” means a competitively procured contract by a county or public entity with an individual, partnership, joint venture, corporation, or other recognized legal entity, that is appropriately licensed in this state, including a contractor’s license issued by the Contractors’ State License Board, and that guarantees the cost of a project and furnishes construction management services, including, but not limited to, preparation and coordination of bid packages, scheduling, cost control, value engineering, evaluation, preconstruction services, and construction administration. (3) “Public entity” means a public entity of which the members of the county board of supervisors make up the members of the governing body of that public entity. (c) (1) A construction manager at-risk entity shall not be prequalified or shortlisted or awarded a contract unless that entity provides an enforceable commitment to the county or public entity that the construction manager at-risk entity 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 Chapter 2.9 (commencing with Section 2600) of Part 1. (2) This subdivision shall not apply if any of the following conditions are met: (A) The county or public entity has 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 construction manager at-risk 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 county or public entity before January 1, 2018. (C) The construction manager at-risk entity 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 paragraph (1) of subdivision (b) of Section 2500. (d) Subcontractors that were not listed by a construction manager at-risk entity as partners, general partners, or association members in a partnership, limited partnership, or association in the entity’s construction manager at-risk bid submission shall be awarded by the construction manager at-risk entity in accordance with the process set forth by the county. All subcontractors bidding on contracts pursuant to this section shall be afforded the protections contained in Chapter 4 (commencing with Section 4100) of Part 1. The construction manager at-risk entity shall do both of the following: (1) Provide public notice of the availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the county or public entity. (2) Provide a fixed date and time on which the subcontracted work will be awarded in accordance with the procedure established pursuant to this section. (e) A county or public entity that elects to proceed under this section and uses a construction manager at-risk contract for a building project shall make a copy of the contract available for public inspection on its internet website and notify the appropriate policy committees of the Legislature with instructions on finding and accessing the stored contract. (f) (1) If the county or public entity elects to award a project pursuant to this section, retention proceeds withheld by the county or public entity from the construction manager at-risk entity shall not exceed 5 percent if a performance and payment bond issued by an admitted surety insurer is required in the solicitation of bids. (2) In a contract between the construction manager at-risk entity and any subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the county or public entity and the construction manager at-risk entity. If the construction manager at-risk entity provides written notice to any subcontractor that is not a member of the construction manager at-risk entity, before or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the construction manager at-risk entity, then the construction manager at-risk entity may withhold retention proceeds in excess of the percentage specified in the contract between the county or public entity and the construction manager at-risk entity from any payment made by the construction manager at-risk entity to the subcontractor. (g) If the county or public entity elects to award a project pursuant to this section, the contract between the county or public entity and the construction manager at-risk entity shall be subject to subdivision (b) of Section 2782 of the Civil Code. Any contract between the construction manager at-risk entity and a contractor or subcontractor shall be subject to Section 2782.05 of the Civil Code. (h) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2023, Ch. 131, Sec. 167. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)
  195. 20147.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. )

    Verify source ↗

    This section exempts certain County of San Diego communications contracts from the article and lets the county use competitive procurement methods, but if it does not use another available method, the procurement must be a best value procurement.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.5. Counties [20120 - 20147] ( Heading of Article 3.5 amended by Stats. 1984, Ch. 1128, Sec. 8. ) ## 20147. (a) Notwithstanding any other law, this article shall not apply to a contract entered into by the County of San Diego with a private entity for the delivery of a regional communications system and any related infrastructure to be used by public safety agencies and emergency responders located in the Counties of Imperial and San Diego. (b) The County of San Diego may use any competitive procurement method to procure the regional communications systems and related infrastructure described in subdivision (a), provided that if the County of San Diego does not use a procurement method otherwise available to it under this article, the procurement shall be a best value procurement. “Best value” means a value determined by evaluation of objective criteria related to price, functional specifications and features, technical specifications and features, implementation plan, life-cycle costs and support, experience, past performance, and fiscal stability. A best value determination may entail selection of the lowest priced technically acceptable proposal or selection of the best proposal for a fixed price established by the procuring agency, or it may consist of a tradeoff between price and other specified factors. (Added by Stats. 2014, Ch. 45, Sec. 1. (AB 2149) Effective January 1, 2015.)
  196. 20150.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )

    Verify source ↗

    This section says the article applies to contracts made by counties with 500,000 or fewer people.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 20150. The provisions of this article shall apply to contracts by counties of 500,000 or less population as provided for in Part 2 (commencing with Section 25000) of Division 2 of Title 3 of the Government Code. (Added by Stats. 1983, Ch. 256, Sec. 82.)
  197. 20150.1.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )

    Verify source ↗

    Counties with fewer than 500,000 people must use the article’s bidding procedures for public projects, with limited exceptions.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 20150.1. (a) Notwithstanding any other law, except as provided in subdivision (b) or (c), every county, whether general law or charter, containing a population of less than 500,000 shall employ bidding procedures on public projects as provided in this article. This article shall be liberally construed to effect its purposes. In the event of conflict with any other provision of law relative to bidding procedures, the provisions of this article shall apply. (b) Every county, whether general law or charter, containing a population of less than 500,000 is authorized to participate in the Uniform Public Construction Cost Accounting Act under Chapter 2 (commencing with Section 22000) of Part 3 of Division 2. (c) A county, whether general law or charter, containing a population of less than 500,000 may award individual annual contracts as provided in Section 20128.5. (Amended by Stats. 2015, Ch. 269, Sec. 22. (SB 184) Effective January 1, 2016.)
  198. 20150.10.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )

    Verify source ↗

    A county may, for a project under $75,000 and after all bids are rejected, adopt a four-fifths board resolution to handle the project itself or negotiate for a lower-price contract or materials deal.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 20150.10. Notwithstanding the provisions of Section 20150.9, on any project which is less than seventy-five thousand dollars ($75,000), if, after the first invitation for bids, all bids are rejected, the county may, after reevaluating its cost estimates of the project, pass a resolution by a four-fifths vote of its board of supervisors declaring that the project can be performed more economically by county personnel, or that in its opinion a contract to perform the project can be negotiated with the original bidders at a lower price than that in any of the bids, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may have the project done in the manner stated without further complying with this article. (Amended by Stats. 1990, Ch. 694, Sec. 12.)
  199. 20150.11.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )

    Verify source ↗

    A person must not split or separate a public project into smaller work orders or projects to evade the article’s bidding requirements.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 20150.11. It shall be unlawful to split or separate into smaller work orders or projects any public project for the purpose of evading the provisions of this article requiring public projects to be done by contract after bidding. Every person who willfully violates this provision of this section is guilty of a misdemeanor. (Added by Stats. 1983, Ch. 256, Sec. 82.)
  200. 20150.12.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. )

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    The county board of supervisors must adopt plans, specifications, and working details for public projects costing more than $10,000.

    ## Public Contract Code - PCC ## DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) ## PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22199.6] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. ) ## CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. ) ## ARTICLE 3.6. Counties of 500,000 or Less Population [20150 - 20150.14] ( Heading of Article 3.6 amended by Stats. 1984, Ch. 1128, Sec. 9. ) ## 20150.12. The board of supervisors of the county shall adopt plans, specifications, and working details for all public projects the expenditure for which exceeds ten thousand dollars ($10,000). (Added by Stats. 1983, Ch. 256, Sec. 82.)

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