PART 1. ADMINISTRATIVE PROVISIONS [1100. - 9204.]
Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2.
§§ 1100–9204 · 162 sections
CHAPTER 1. Definitions §§ 1100–1104 · 6 sections
- § 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…
- § 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…
- § 1101 “Public works contract,” as used in this part, means an agreement for the erection, construction, alteration, repair, or improvement of any public structure,…
- § 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…
- § 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…
- § 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…
CHAPTER 1.6. Electronic Transmissions §§ 1600–1607 · 8 sections
- § 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…
- § 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…
- § 1602 The Department of General Services may develop, implement, and maintain secure electronic procurement platforms for use by public entities. These platforms may…
- § 1603 As used in this chapter: (a) “Bid” may include, but is not limited to, an offer, quote, or proposal. (b) “Catalog-based ordering” means the purchase of goods…
- § 1604 Posting solicitations and receiving bids through an electronic procurement platform shall satisfy all statutory requirements for public advertising, bid…
- § 1605 An electronic procurement platform authorized under this chapter shall satisfy all of the following requirements: (a) Include time-stamped bid submissions and…
- § 1606 Bid openings may be conducted electronically. The platform shall ensure that no bid is viewable before the deadline and that a verifiable digital record of the…
- § 1607 This chapter shall supersede any conflicting provisions in code with respect to electronic procurement activities by public entities.
CHAPTER 2. Responsive Bidders §§ 2000–2010 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 2.5. Certification of Minority and Women Business Enterprises §§ 2050–2057 · 8 sections
- § 2050 It is the intent of the Legislature that any awarding department shall accept for purposes of public contract work any state or local agency certification for…
- § 2051 As used in this chapter, the following definitions apply: (a) “Awarding department” means any state agency, department, governmental entity, including the…
- § 2052 (a) All awarding departments and local agencies shall accept a certification by any participating state agency whose certification criteria complies with Part…
- § 2053 (a) A participating state or local agency shall certify a business enterprise as a minority or women business enterprise if that business enterprise meets the…
- § 2054 (a) The department shall develop and make available to all awarding departments and local agencies a directory of all state and local agencies participating in…
- § 2055 A participating state or local agency may challenge the certification of a business enterprise made by another participating state or local agency as follows:…
- § 2056 (a) The department shall establish and administer a computerized databank containing a list of certified minority, women, and disadvantaged business…
- § 2057 This chapter shall not apply to any professional services contract subject to Chapter 6 (commencing with Section 16850) of Part 3 of Division 4 of Title 2 of…
CHAPTER 2.7. Iran Contracting Act of 2010 §§ 2200–2208 · 10 sections
- § 2200 This chapter shall be known and may be cited as the Iran Contracting Act of 2010.
- § 2201 The Legislature hereby finds and declares all of the following: (a) In imposing United States sanctions on Iran, Congress and the President have determined…
- § 2202 As used in this chapter, the following definitions apply: (a) “Awarding body” means a department, board, agency, authority, or officer, agent, or other…
- § 2202.5 For purposes of this chapter, a person engages in investment activities in Iran if any of the following is true: (a) The person provides goods or services of…
- § 2203 (a) (1) A person that, at the time of bid or proposal for a new contract or renewal of an existing contract, is identified on a list created pursuant to…
- § 2204 (a) A public entity shall require a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity…
- § 2205 (a) If the local public entity, or the Department of General Services in the case of state contracts, determines, using credible information available to the…
- § 2206 This act shall occupy the field with regard to all public contracts for goods or services with a person engaged in investment activities in Iran and shall…
- § 2207 The Legislature shall submit to the Attorney General of the United States a written notice describing this chapter within 30 days after the effective date of…
- § 2208 (a) If any one or more provisions, sections, subdivisions, sentences, clauses, phrases, or words of this act or the application thereof to any person or…
CHAPTER 2.8. Project Labor Agreements §§ 2500–2503 · 5 sections
- § 2500 (a) A public entity may use, enter into, or require contractors to enter into, a project labor agreement for a construction project only if the agreement…
- § 2500.5 (a) A state agency may use, enter into, or require contractors to enter into, a project labor agreement pursuant to this chapter that applies to a project or…
- § 2501 The members of the governing board of a local public entity may choose by majority vote whether to use, enter into, or require contractors to enter into a…
- § 2502 If a charter provision, initiative, or ordinance of a charter city prohibits the governing board’s consideration of a project labor agreement that includes all…
- § 2503 If a charter provision, initiative, or ordinance of a charter city prohibits, limits, or constrains in any way the governing board’s authority or discretion to…
CHAPTER 2.9. Skilled and Trained Workforce Requirements §§ 2600–2604 · 6 sections
- § 2600 (a) This chapter applies when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other…
- § 2600.5 The failure of a public entity to provide a notice pursuant to subdivision (c) of Section 2600 shall not excuse either of the following: (a) The public entity…
- § 2601 For purposes of this chapter: (a) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards of the…
- § 2602 (a) When a contractor, bidder, or other entity is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a…
- § 2603 (a) If the Labor Commissioner or his or her designee determines after an investigation that a contractor or subcontractor failed to use a skilled and trained…
- § 2604 On or before July 1, 2025, the Division of Apprenticeship Standards shall create and maintain a public online database to verify that a worker graduated from a…
CHAPTER 3. Formation §§ 3000–3505 · 15 sections
ARTICLE 1. Roofing Projects §§ 3000–3010 · 6 sections
- § 3000 For purposes of this article, the following terms have the following meanings: (a) “Architect” means an architect who has a current license issued by the…
- § 3002 (a) For purposes of subdivision (b) of Section 3400 and subdivision (a) of Section 10129, for any roof project, a material, product, thing, or service shall be…
- § 3004 Specifications for any roof project shall be designed to promote competition.
- § 3006 (a) (1) An architect, engineer, or roofing consultant who provides professional services related to a roof project shall disclose any financial relationships…
- § 3008 (a) To report bid rigging involving local government agencies and employees, including, but not limited to, county, city, and school district employees and…
- § 3010 This article shall not apply to a school district operating in accordance with Section 20113 or a community college district operating in accordance with…
ARTICLE 3. Bidders § 3300 · 1 section
- § 3300 (a) Any public entity, as defined in Section 1100, the University of California, and the California State University shall specify the classification of the…
ARTICLE 4. Preference for Materials §§ 3400–3410 · 2 sections
- § 3400 (a) The Legislature finds and declares that it is the intent of this section to encourage contractors and manufacturers to develop and implement new and…
- § 3410 Any public entity, as defined in Section 1100, including any school district or community college district, when purchasing food, shall give preference to…
ARTICLE 5. Buy Clean California Act §§ 3500–3505 · 6 sections
- § 3500 This article shall be known, and may be cited, as the Buy Clean California Act.
- § 3501 For purposes of this article, the following definitions apply: (a) “Awarding authority” means any of the following: (1) A state agency for a contract for a…
- § 3502 (a) By January 1, 2022, the department, in consultation with the State Air Resources Board, shall establish, and publish in the State Contracting Manual or a…
- § 3503 (a) An awarding authority shall require the successful bidder for a contract described in subdivision (b) to submit a current facility-specific Environmental…
- § 3504 In carrying out its duties under this article, an awarding authority shall strive to achieve a continuous reduction of emissions over time.
- § 3505 The department, by July 1, 2023, shall submit a report to the Legislature on any obstacles to the implementation of this article, and the effectiveness of this…
CHAPTER 4. Subletting and Subcontracting §§ 4100–4114 · 18 sections
- § 4100 This chapter may be cited as the “Subletting and Subcontracting Fair Practices Act.”
- § 4101 The Legislature finds that the practices of bid shopping and bid peddling in connection with the construction, alteration, and repair of public improvements…
- § 4103 Nothing in this chapter limits or diminishes any rights or remedies, either legal or equitable, which: (a) An original or substituted subcontractor may have…
- § 4104 Any officer, department, board, or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared…
- § 4104.5 (a) The officer, department, board, or commission taking bids for construction of any public work or improvement shall specify in the bid invitation and public…
- § 4105 Circumvention by a general contractor who bids as a prime contractor of the requirement under Section 4104 for him or her to list his or her subcontractors, by…
- § 4106 If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be…
- § 4107 A prime contractor whose bid is accepted may not: (a) Substitute a person as subcontractor in place of the subcontractor listed in the original bid, except…
- § 4107.2 No subcontractor listed by a prime contractor under Section 4104 as furnishing and installing carpeting, shall voluntarily sublet his or her subcontract with…
- § 4107.5 The prime contractor as a condition to assert a claim of inadvertent clerical error in the listing of a subcontractor shall within two working days after the…
- § 4107.7 If a contractor who enters into a contract with a public entity for investigation, removal or remedial action, or disposal relative to the release or presence…
- § 4108 (a) It shall be the responsibility of each subcontractor submitting bids to a prime contractor to be prepared to submit a faithful performance and payment bond…
- § 4109 Subletting or subcontracting of any portion of the work in excess of one-half of 1 percent of the prime contractor’s total bid as to which no subcontractor was…
- § 4110 A prime contractor violating any of the provisions of this chapter violates his or her contract and the awarding authority may exercise the option, in its own…
- § 4111 Violation of this chapter by a licensee under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code constitutes grounds…
- § 4112 The failure on the part of a contractor to comply with any provision of this chapter does not constitute a defense to the contractor in any action brought…
- § 4113 As used in this chapter, the word “subcontractor” shall mean a contractor, within the meaning of the provisions of Chapter 9 (commencing with Section 7000) of…
- § 4114 The county board of supervisors, when it is the awarding authority, may delegate its functions under Sections 4107 and 4110 to any officer designated by the…
CHAPTER 5. Relief of Bidders §§ 5100–5110 · 9 sections
- § 5100 (a) “Public entity” means the state, Regents of the University of California, a county, city and county, city, district, public authority, public agency, and…
- § 5101 (a) A bidder shall not be relieved of the bid unless by consent of the awarding authority nor shall any change be made in the bid because of mistake, but the…
- § 5102 The complaint shall be filed, and summons served on the director of the department or the chief of the division or other head of the public entity under which…
- § 5103 The bidder shall establish to the satisfaction of the court that: (a) A mistake was made. (b) He or she gave the public entity written notice within five…
- § 5104 Other than the notice to the public entity, no claim is required to be filed before bringing the action.
- § 5105 A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project on which the…
- § 5106 If the public entity deems it is for its best interest, it may, on refusal or failure of the successful bidder to execute the contract, award it to the second…
- § 5107 In all actions brought under the provisions of this chapter, all courts wherein such actions are or may hereafter be pending, shall give such actions…
- § 5110 (a) When a project for the construction, alteration, repair, or improvement of any structure, building, or road, or other improvement of any kind is…
CHAPTER 6. Awarding of Contracts §§ 6100–6615 · 11 sections
- § 6100 (a) A state agency, as defined in Section 10335.7 that is subject to this code, shall, prior to awarding a contract for work to be performed by a contractor,…
- § 6101 (a) A state agency, as defined in Section 10335.7, that is subject to this code, shall not award a public works or purchase contract to a bidder or contractor,…
- § 6102 (a) A contract that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official,…
- § 6106 (a) Any state agency or department, which is subject to this code, shall follow this section in negotiating fees and executing a contract for professional…
- § 6106.5 (a) “State agency,” as used in this section, means those departments defined in Section 10106 of the Public Contract Code. (b) “Contractor,” as used in this…
- § 6107 (a) As used in this section, “California company” means a sole proprietorship, partnership, joint venture, corporation, or other business entity that was a…
- § 6108 (a) (1) Every contract entered into by any state agency for the procurement or laundering of apparel, garments, or corresponding accessories, or the…
- § 6109 (a) A public entity, as defined in Section 1100, may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public…
- § 6610 Notice inviting formal bids for projects by a public agency that include a requirement for any type of mandatory prebid conference, site visit, or meeting…
- § 6611 (a) Notwithstanding any other law, the Department of General Services may, relative to contracts for goods, services, information technology, and…
- § 6615 For all state contracts, and, to the extent feasible, all federally funded contracts awarded pursuant to Chapter 1 (commencing with Section 10100), Chapter 2…
CHAPTER 6.3. Construction Manager/General Contractor Authority: Department of Transportation §§ 6700–6708 · 9 sections
- § 6700 (a) This chapter provides for an alternative procurement procedure for certain transportation projects performed by the Department of Transportation. (b) The…
- § 6701 (a) The Construction Manager/General Contractor method provided by this chapter may be used by the department, but is not limited to, when it is anticipated…
- § 6702 As used in this chapter, the following terms have the following meanings: (a) “Construction manager” means a partnership, corporation, or other legal entity…
- § 6703 Construction Manager/General Contractor method projects shall progress as follows: (a) (1) The department shall establish a procedure for the evaluation and…
- § 6704 (a) Any construction manager that is selected to construct a project pursuant to this chapter shall possess or obtain sufficient bonding to cover the contract…
- § 6705 All subcontractors bidding on contracts pursuant to this chapter shall be afforded the protections contained in Chapter 4 (commencing with Section 4100) of…
- § 6706 The department may retain the services of a design professional or construction project manager, or both, throughout the course of the project in order to…
- § 6707 Contracts awarded pursuant to this chapter shall be valid until the project is completed.
- § 6708 Nothing in this chapter is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law.
CHAPTER 6.5. Transportation Design-Build Program §§ 6820–6829 · 11 sections
- § 6820 For purposes of this chapter, the following definitions apply: (a) “Best value” means a value determined by objective criteria, including, but not limited to,…
- § 6821 (a) The department may utilize the design-build method of procurement for up to 10 projects, and an additional 6 projects per fiscal year in the 2022–23 and…
- § 6822 The commission shall use the guidelines developed pursuant to subdivision (e) of Section 6803, as it read on December 31, 2013, to provide a standard…
- § 6823 (a) For contracts for public works projects awarded prior January 1, 2012, a transportation entity authorized to use the design-build method of procurement…
- § 6824 The procurement process for the design-build project shall progress as follows: (a) A transportation entity shall prepare a set of documents setting forth the…
- § 6825 (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the transportation entity,…
- § 6826 (a) The transportation entity, in each design-build request for proposals, may identify specific types of subcontractors that must be included in the…
- § 6826.5 The department shall submit a report to the transportation and fiscal committees of the Legislature on or before January 1, 2033, on its experience with use of…
- § 6827 Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law.
- § 6828 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…
- § 6829 (a) This chapter shall remain in effect only until January 1, 2034, and as of that date is repealed. (b) Notwithstanding subdivision (a), if any provision or…
CHAPTER 6.6. Alternative Project Delivery Program: Construction Manager/General Contractor Authority §§ 6950–6958 · 9 sections
- § 6950 The Legislature finds and declares all of the following: (a) The alternative public works project delivery methods authorized under this chapter should be…
- § 6951 For purposes of this chapter, the following definitions apply: (a) “Alternative project delivery method” means either Construction Manager/General Contractor…
- § 6952 (a) Subject to the limitations of this chapter, the San Diego Association of Governments may utilize the alternative project delivery methods for public…
- § 6953 Any public works project that is contracted for pursuant to this chapter shall be subject to the requirements of Section 1771.4 of the Labor Code.
- § 6954 (a) If a contract for CMGC services is entered into pursuant to this chapter and includes preconstruction services by the construction manager, the San Diego…
- § 6955 All subcontractors bidding on contracts pursuant to this chapter shall be afforded the protections contained in Chapter 4 (commencing with Section 4100).
- § 6956 Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law.
- § 6957 (a) Upon completion of a project using an alternative project delivery method, the San Diego Association of Governments shall prepare a progress report to its…
- § 6958 (a) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…
CHAPTER 6.7. Construction Manager/General Contractor Method: Regional Projects on Expressways §§ 6970–6974 · 5 sections
- § 6970 (a) This chapter provides for an alternative procurement procedure for certain transportation projects performed by a regional transportation agency. (b) The…
- § 6971 (a) The Legislature finds and declares that the County of Riverside should be considered a transportation planning agency for the purposes of this chapter in…
- § 6972 (a) A regional transportation agency may utilize the Construction Manager/General Contractor method of procurement to design and construct projects pursuant to…
- § 6973 Construction Manager/General Contractor method projects authorized pursuant to Section 6972 shall be governed by the same process, procedures, and requirements…
- § 6974 (a) Upon completion of a project using the Construction Manager/General Contractor method, the regional transportation agency shall prepare a progress report…
CHAPTER 6.8. High Road Jobs in Transportation-Related Public Contracts and Grants Pilot Program §§ 6980–6986 · 7 sections
- § 6980 This chapter shall be known, and may be cited, as the High Road Jobs in Transportation-Related Public Contracts and Grants Pilot Program.
- § 6981 (a) The Legislature finds and declares all of the following: (1) In a time of uncertainty with so many Americans out of work, employment stability and equity…
- § 6982 Unless the context requires otherwise, for the purposes of this chapter, the following terms shall have the following meanings: (a) (1) “Bidder” means a…
- § 6983 (a) It is the intent of the Legislature that a relevant public agency maximize economic cobenefits by conditioning eligibility to be awarded a covered public…
- § 6984 (a) Beginning 12 months after an entity is awarded a covered public contract, the contractor shall annually submit information that is necessary to demonstrate…
- § 6985 (a) The Legislature declares all of the following: (1) California will experience an increased prevalence of severe wildfires, heat, drought, and rising sea…
- § 6986 This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.
CHAPTER 6.9. Embedding Workforce Standards in Procurement and Contracting §§ 6990–6990.1 · 2 sections
- § 6990 It is the intent of the Legislature, in enacting this chapter, to develop procurement models in alignment with initiatives to enhance the state’s training and…
- § 6990.1 (a) The Labor and Workforce Development Agency, the Government Operations Agency, and the Transportation Agency shall do all of the following: (1) Convene…
CHAPTER 7. Contract Clauses §§ 7100–7203 · 16 sections
- § 7100 Provisions in public works contracts with public entities which provide that acceptance of a payment otherwise due a contractor is a waiver of all claims…
- § 7101 The state or any other public entity in any public works contract awarded to the lowest bidder, may provide for the payment of extra compensation to the…
- § 7102 Contract provisions in construction contracts of public agencies and subcontracts thereunder which limit the contractee’s liability to an extension of time for…
- § 7103 (a) (1) Every original contractor that is awarded a contract by a state entity, as defined in subdivision (d), involving an expenditure in excess of…
- § 7103.5 (a) As used in this section: (1) “Public works contract” means a contract awarded through competitive bids by the state or any of its political subdivisions or…
- § 7104 Any public works contract of a local public entity which involves digging trenches or other excavations that extend deeper than four feet below the surface…
- § 7105 (a) Construction contracts of public agencies shall not require the contractor to be responsible for the cost of repairing or restoring damage to the work,…
- § 7106 Every bid on every public works contract of a public entity shall include a declaration under penalty of perjury under the laws of the State of California, in…
- § 7107 (a) This section is applicable with respect to all contracts entered into on or after January 1, 1993, relating to the construction of any public work of…
- § 7108 Any contract of a public entity to provide train service shall require compliance with the personnel requirements of Chapter 2 (commencing with Section 6900)…
- § 7109 (a) For purposes of this section: (1) “Antigraffiti technology” means landscaping, paint, or other covering resistant to graffiti, or other procedures to deter…
- § 7110 (a) It is the policy of this state that anyone who enters into a contract with a state agency shall recognize the importance of child and family support…
- § 7200 (a) (1) This section shall apply with respect to all contracts entered into on or after January 1, 1999, between a public entity and an original contractor,…
- § 7201 (a) (1) This section shall apply with respect to all contracts entered into on or after January 1, 2012, between a public entity and an original contractor,…
- § 7202 (a) The Department of Transportation is prohibited from withholding retention proceeds when making progress payments to a contractor for work performed on a…
- § 7203 (a) A public works contract entered into on or after January 1, 2016, that contains a clause that expressly requires a contractor to be responsible for delay…
CHAPTER 9. Claims and Disputes §§ 9201–9204 · 3 sections
- § 9201 (a) A public entity shall have full authority to compromise or otherwise settle any claim relating to a contract at any time. (b) The public entity shall…
- § 9203 (a) Payment on any contract with a local agency for the creation, construction, alteration, repair, or improvement of any public structure, building, road, or…
- § 9204 (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a…