PART 2. CONTRACTING BY STATE AGENCIES [10100. - 19150.]
Heading of Part 2 added by Stats. 1982, Ch. 1120, Sec. 6.
§§ 10100–19150 · 507 sections
CHAPTER 1. State Contract Act §§ 10100–10285.5 · 182 sections
ARTICLE 1. Scope of Chapter and General Provisions §§ 10100–10111.2 · 18 sections
- § 10100 This chapter may be cited as the State Contract Act.
- § 10101 (a) Contracts for the purchase of supplies or materials, which are purchased pursuant to Chapter 2 (commencing with Section 10290), are not subject to this…
- § 10102 Improvements on the property of the state on the waterfront of the City and County of San Francisco under the jurisdiction of the San Francisco Port Commission…
- § 10103 Work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority is not subject to this chapter,…
- § 10103.5 Work performed by prisoners pursuant to an order by the Secretary of the Department of Corrections and Rehabilitation or by the California Correctional…
- § 10104 As used in this chapter, “mobilization” includes preparatory work and operations, including, but not limited to, those necessary for the movement of personnel,…
- § 10105 (a) As used in this chapter, “project” includes the erection, construction, alteration, repair, or improvement of any state structure, building, road, or other…
- § 10106 For purposes of this chapter: (a) “Department” means any of the following: (1) The Department of Water Resources as to any project under the jurisdiction of…
- § 10107 Whenever provision is made by law for any project that is not under the jurisdiction of the Department of Water Resources, the Department of Parks and…
- § 10108 Where the nature of the work in the opinion of the department is such that its services in connection therewith are not required, it may authorize the carrying…
- § 10108.5 (a) When the nature of the work by departments, boards, commissions, or conservancies within the Resources Agency, in the opinion of the Department of General…
- § 10108.6 Notwithstanding Section 10108 and subdivision (a) of Section 10108.5, the department, upon request from the state agency concerned, may authorize the carrying…
- § 10108.7 (a) The Department of Corrections shall provide in the general conditions under which bids will be received, that any person making a bid or offer to perform a…
- § 10108.8 The Department of Corrections, where feasible, shall enter into two or more procurement contracts for the purchase and development of the Business Information…
- § 10109 Any notice inviting bids on a project which specifies locations of possible materials, such as a borrow pit or gravel bed, for use in the proposed project…
- § 10110 (a) Where the nature of the work is historic restoration for the state park system, as determined jointly by the director and the Director of Parks and…
- § 10111 Commencing January 1, 2007, the department shall make available a report on contracting activity containing the following information: (a) A listing of…
- § 10111.2 A department shall, upon request from a contractor plan room service, provide an electronic copy of a project’s contract documents at no charge to the…
ARTICLE 1.1. Construction Manager/General Contractor Procurement Method for the Department of Water Resources §§ 10112–10112.10 · 11 sections
- § 10112 (a) This article provides for an alternative procurement procedure for certain projects performed by the Department of Water Resources. (b) (1) It is the…
- § 10112.1 As used in this article: (a) “Construction manager” means a partnership, corporation, or other legal entity that is a licensed contractor pursuant to Chapter 9…
- § 10112.2 (a) The Construction Manager/General Contractor method provided by this article may be used by the department, but is not limited to, when it is anticipated…
- § 10112.3 Construction Manager/General Contractor method projects shall progress as follows: (a) (1) The department shall establish a procedure for the evaluation and…
- § 10112.4 (a) Any construction manager that is selected to construct a project pursuant to this article shall possess or obtain sufficient bonding to cover the contract…
- § 10112.5 All subcontractors bidding on contracts pursuant to this article shall be afforded the protections contained in Chapter 4 (commencing with Section 4100) of…
- § 10112.6 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…
- § 10112.7 A contract awarded pursuant to this article before it is repealed on January 1, 2033, shall continue in full force and effect until completion, including any…
- § 10112.8 Nothing in this article is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law.
- § 10112.9 (a) The department shall prepare and submit to the Legislature an interim report no later than July 1, 2025, that describes each Construction Manager/General…
- § 10112.10 (a) The authority to perform water resources projects pursuant to this article is for no more than seven projects. (b) This article shall remain in effect…
ARTICLE 1.3. Job Order Contracting Procurement Procedure for the Department of General Services §§ 10113–10113.1 · 2 sections
- § 10113 As used in this article: (a) “Adjustment factor” means the job order contractor’s competitively bid adjustment to the department’s prices as published in the…
- § 10113.1 (a) Notwithstanding any other law, the department may use an alternative procurement procedure for public works contracts, as defined in Section 1101, as…
ARTICLE 1.5. Minority and Women Business Participation Goals for State Contracts §§ 10115–10115.15 · 14 sections
- § 10115 (a) The Legislature finds and declares all of the following: (1) The essence of the American economic system of private enterprise is free competition. Only…
- § 10115.1 As used in this article, the following definitions apply: (a) “Awarding department” means a state agency, department, governmental entity, or other officer or…
- § 10115.2 In awarding contracts to the lowest responsible bidder, the awarding department shall consider the efforts of a bidder to meet minority business enterprise,…
- § 10115.3 (a) The awarding department shall establish a method of monitoring adherence to the goals specified in this article. (b) The awarding department shall adopt…
- § 10115.4 In implementing this article, the awarding department shall utilize existing resources such as the Office of Small and Minority Business, the Minority Business…
- § 10115.6 Notwithstanding any other provision of this article, the failure of an awarding department to meet the goals established under this article shall not affect…
- § 10115.7 (a) Nothing in this article shall be construed to authorize any awarding department to discriminate in the awarding of any contract on the basis of ancestry or…
- § 10115.8 If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions…
- § 10115.9 A limited liability company may be certified as a disabled veteran business enterprise pursuant to this article if the limited liability company is wholly…
- § 10115.10 (a) It shall be unlawful for a person or firm to: (1) Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid…
- § 10115.11 (a) Notwithstanding any other provision of this article, statewide participation goals for contracts let by the Department of Corrections shall be exclusive of…
- § 10115.12 (a) Any awarding department taking bids in connection with the award of any contract shall provide in the general conditions under which bids will be received,…
- § 10115.13 Notwithstanding any other provision of law, contracts awarded by any state agency, department, officer, or other state governmental entity for the purchase of…
- § 10115.15 (a) Notwithstanding Section 10115.2, when awarding contracts for materials, supplies, or equipment, including electronic data processing goods and services, an…
ARTICLE 2. Plans and Specifications §§ 10120–10129 · 12 sections
- § 10120 Before entering into any contract for a project, the department shall prepare full, complete, and accurate plans and specifications and estimates of cost,…
- § 10121 The original draft or a certified copy of the plans, specifications, and estimates of cost shall be filed permanently in the office of the department before…
- § 10122 Work on all projects shall be done under contract awarded to the lowest responsible bidder pursuant to this part, except that it may be done by day’s labor…
- § 10122.5 For the purposes of Section 10122, all day labor utilized by the Department of Corrections and Rehabilitation shall be performed by individuals who are…
- § 10122.6 Notwithstanding the project cost limit provided in Section 10105, work in excess of twenty-five thousand dollars ($25,000) which would otherwise constitute a…
- § 10123 Contracts upon informal bids authorized under Section 10122 shall be let only to a holder of a valid state contractor’s license unless such work is exempt from…
- § 10124 Bids may be received and contracts awarded on a unit basis, that is, the bids compared upon the basis of estimates of the quantities of the work to be done.
- § 10125 Except in unit basis contracts, contracts shall not be made exceeding in amount the estimates of costs approved by the director and plans and specifications…
- § 10126 Notwithstanding the provisions of Section 10125, the estimate of cost may be approved by the director, which includes alternates contemplating additions to, or…
- § 10127 The department may, with the approval of the State Public Works Board, receive bids for the construction of several public works projects as a single project.…
- § 10128 All contracts awarded under this part shall comply with the applicable provisions of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the…
- § 10129 (a) Notwithstanding Section 3400, no agency of the state charged with the letting of contracts for the construction, alteration, or repair of public works may…
ARTICLE 3. Advertisements for Bids §§ 10140–10141 · 2 sections
- § 10140 (a) Public notice of a project shall be given by publication once a week for at least two consecutive weeks or once a week for more than two consecutive weeks…
- § 10141 The notice shall state the time and place for the receiving and opening of sealed bids, describing in general terms the work to be done and that the bids will…
ARTICLE 4. Bids and Bidders §§ 10160–10169 · 10 sections
- § 10160 The department may require from prospective bidders answers to questions contained in a standard form of questionnaire and financial statement including a…
- § 10161 The department may also require from prospective bidders the completion, under penalty of perjury, of a standard form of questionnaire concerning the past…
- § 10162 The department shall require from all prospective bidders the completion, under penalty of perjury, of a standard form of questionnaire inquiring whether such…
- § 10163 The department shall adopt and apply a uniform system of rating bidders, on the basis of the standard questionnaires and financial statements, in respect to…
- § 10164 In all state projects where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with…
- § 10165 The questionnaires and financial statements are not public records and are not open to public inspection.
- § 10166 The department shall furnish to each bidder a standard proposal form, which, when filled out and executed may be submitted as his bid. Bids not presented on…
- § 10167 (a) All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder’s security: (1) An electronic bidder’s bond by an…
- § 10168 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.
- § 10169 Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid…
ARTICLE 5. Award of Contracts §§ 10180–10186 · 7 sections
- § 10180 On the day named in the public notice, the department shall publicly open the sealed bids and award the contracts to the lowest responsible bidders. In the…
- § 10181 If the successful bidder fails to execute the contract, his bidder’s security shall be forfeited to the state. The cash or proceeds shall be deposited in the…
- § 10182 If the director deems it is for the best interests of the state, he may, on the refusal or failure of the successful bidder to execute the contract, award it…
- § 10183 The failure of the successful bidder to furnish any bond required of him by law, within the time fixed for his execution of the contract, constitutes a failure…
- § 10184 The bidders’ security of the second and third lowest responsible bidders may be withheld until the contract has been finally executed. The cash, cashier’s…
- § 10185 If the director deems the acceptance of the lowest responsible bid or bids is not for the best interests of the state, after stating his or her reasons for…
- § 10186 (a) This section shall be known, and may be cited, as the “Fair Chance Employment Act.” (b) Any person submitting a bid to the state on a contract involving…
ARTICLE 6. State Agency Design-Build Projects §§ 10187–10195 · 9 sections
- § 10187 (a) The Legislature finds and declares that the design-build method of project delivery, using a best value procurement methodology, has been authorized for…
- § 10187.5 For purposes of this article, the following definitions and the definitions in subdivision (a) of Section 13332.19 of the Government Code shall apply: (a)…
- § 10188 (a) Notwithstanding any other law, the director, following notification to the State Public Works Board, may procure design-build contracts for public works…
- § 10190 The director shall notify the State Public Works Board regarding the method to be used for selecting the design-build entity, prior to advertising the…
- § 10191 The procurement process for the design-build projects shall progress as follows: (a) (1) The director shall prepare a set of documents setting forth the scope…
- § 10192 (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the director, and issued by a…
- § 10193 (a) The department, in each design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity…
- § 10194 (a) If the department elects to award a project pursuant to this article, retention proceeds withheld by the department from the design-build entity shall not…
- § 10195 Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.
ARTICLE 6.5. Progressive Design-Build Contracting §§ 10198–10198.8 · 9 sections
- § 10198 For purposes of this article, the following definitions shall apply: (a) “Best value” means a value determined by evaluation of objective criteria that relate…
- § 10198.1 (a) (1) Notwithstanding any other law, and subject to the limitation of paragraph (2), the director may procure progressive design-build contracts. (2) The…
- § 10198.2 The procurement process for progressive design-build projects shall progress as follows: (a) The department shall prepare and issue a request for…
- § 10198.3 (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the director, and issued by a…
- § 10198.4 (a) After selecting a design-build entity based upon qualifications, the department may enter into a contract and direct the design-build entity to begin…
- § 10198.5 (a) The department, in each design-build request for qualifications, may identify specific types of subcontractors that shall be included in the design-build…
- § 10198.6 (a) If the department elects to award a project pursuant to this article, retention proceeds withheld by the department from the design-build entity shall not…
- § 10198.7 Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.
- § 10198.8 (a) The department shall submit to the Joint Legislative Budget Committee, on or before January 1, 2026, a report containing a description of each public works…
ARTICLE 6.5.1. San Quentin Progressive Design-Build Contracting §§ 10199–10199.6 · 7 sections
- § 10199 For purposes of this article, the following definitions apply: (a) “Best value” means a value determined by evaluation of objective criteria that may include,…
- § 10199.1 (a) Notwithstanding any other law, the secretary may procure progressive design-build contracts for the design-build project. (b) The secretary shall develop…
- § 10199.2 The procurement process for a progressive design-build project shall progress as follows: (a) The department shall determine the scope and estimated price of…
- § 10199.3 (a) The design-build entity shall provide payment and performance bonds for the design-build project in the form and in the amount required by the secretary,…
- § 10199.4 (a) After selecting a design-build entity for the design and preconstruction phase, the department may enter into a contract or contracts and direct the…
- § 10199.5 (a) The department, in the request for qualifications or request for proposals, may identify specific types of subcontractors that are required to be included…
- § 10199.6 This article does not affect, expand, alter, or limit any rights or remedies otherwise available at law.
ARTICLE 6.5. Department of Water Resources Design-Build Projects §§ 10200–10214 · 11 sections
- § 10200 (a) The Legislature finds and declares that the design-build method of project delivery, using a best value procurement methodology, has been authorized for…
- § 10200.5 For purposes of this article, the following definitions and the definitions in subdivision (a) of Section 13332.19 of the Government Code shall apply: (a)…
- § 10204 (a) (1) Notwithstanding any other law, the director, following any required notification made pursuant to Section 10206, may procure design-build contracts for…
- § 10206 For purposes of projects at the Salton Sea, the director shall notify the California Water Commission regarding the method to be used for selecting the…
- § 10208 The procurement process for the design-build projects shall progress as follows: (a) (1) The director shall prepare a set of documents setting forth the scope…
- § 10209 (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the director, and issued by a…
- § 10210 (a) The department, in each design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity…
- § 10211 (a) If the department elects to award a project pursuant to this article, retention proceeds withheld by the department from the design-build entity shall not…
- § 10212 (a) The design-build authorization in Section 10204 shall not include the authority to perform construction inspection services for water resources projects…
- § 10213 Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.
- § 10214 (a) The authority to procure design-build contracts for State Water Facilities, as defined in Section 12934 of the Water Code, pursuant to this article is for…
ARTICLE 6.7. Progressive Design-Build Projects §§ 10215–10215.8 · 9 sections
- § 10215 For purposes of this article, the following definitions apply: (a) “Best value” means a value determined by evaluation of objective criteria that may include,…
- § 10215.1 (a) (1) Notwithstanding any other law, both of the following departments may procure progressive design-build contracts for public works projects for which the…
- § 10215.2 The procurement process for progressive design-build projects shall progress as follows: (a) The department shall determine the scope and estimated price of…
- § 10215.3 (a) The design-build entity shall provide payment and performance bonds for the design-build project in the form and in the amount required by the director,…
- § 10215.4 (a) After selecting a design-build entity for the design and preconstruction phase, the department may enter into a contract and direct the design-build entity…
- § 10215.5 (a) The department, in each request for qualifications or request for proposals, may identify specific types of subcontractors that are required to be included…
- § 10215.6 (a) Any department authorized by Section 10215.1 to utilize progressive design-build contracts pursuant to this article shall prepare and submit to the…
- § 10215.7 This article does not affect, expand, alter, or limit any rights or remedies otherwise available at law.
- § 10215.8 This article shall remain in effect only until December 31, 2033, and as of that date is repealed. The repeal of this article shall not affect the contracts…
ARTICLE 7. Contract Requirements §§ 10220–10232 · 11 sections
- § 10220 Every contract awarded under this part shall be submitted to the Attorney General or the attorney appointed according to law and authorized to represent the…
- § 10221 Every contract shall provide for the filing of separate performance and payment bonds by the contractor in the form of bonds executed by an admitted surety…
- § 10222 (a) Each bond shall equal at least one-half of the contract price, except as otherwise provided in Section 9554 of the Civil Code, in the California Toll…
- § 10223 The payment bond shall secure the payment of the claims of laborers, mechanics or materialmen employed on the work under the contract and shall contain all…
- § 10224 The performance bond shall guarantee the faithful performance of the contract by the contractor.
- § 10225 No payment shall be made upon the contract to the contractor or any assignee of the contractor until any order by the director that a sufficient surety be…
- § 10226 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…
- § 10227 Every contract shall provide that the department may make changes in the plans and specifications pursuant to this part.
- § 10230 Every contract subject to this part, for which disabled veteran business enterprise participation is included in the bid, shall contain a provision requiring…
- § 10231 Every contract subject to this part shall contain a provision requiring each contractor to comply with all air pollution control rules, regulations,…
- § 10232 Every contract shall contain a statement by which the contractor swears under penalty of perjury that no more than one final, unappealable finding of contempt…
ARTICLE 7.1. Resolution of Contract Claims §§ 10240–10240.13 · 14 sections
- § 10240 The remedy for the resolution of claims arising under contracts made under the provisions of this chapter shall be arbitration pursuant to this chapter.
- § 10240.1 The claimant may initiate arbitration not later than 90 days after the date of service in person or by mail on the claimant of the final written decision by…
- § 10240.2 A failure by the claimant to pursue diligently and exhaust, as to the claim, the required administrative procedures set forth in the contract under which the…
- § 10240.3 Unless otherwise agreed by the parties, the arbitration shall be conducted by a single arbitrator selected by the parties from the certified list created by…
- § 10240.4 No decision made by a department shall be conclusive on any issue in the arbitration.
- § 10240.5 (a) The Departments of General Services, Transportation, and Water Resources shall jointly adopt and may, from time to time, modify, revise, or repeal uniform…
- § 10240.6 As used in this article, “claim” means a demand for monetary compensation or damages, arising under or relating to the performance of a contract awarded under…
- § 10240.7 As used in this article, “Public Works Contract Arbitration Committee” means the committee created by Article 7.2 (commencing with Section 10245).
- § 10240.8 Unless the parties to the contract otherwise agree, the arbitration decision shall be decided under and in accordance with the law of this state, supported by…
- § 10240.9 A party to the contract may join in the arbitration as a party, any supplier, subcontractor, design professional, surety, or other person who has so agreed and…
- § 10240.10 Nothing in this article shall be construed as preventing the parties to the contract, after the claim has arisen, from mutually agreeing in writing to waive…
- § 10240.11 Except as provided in this article and in the regulations adopted pursuant to Section 10240.5, the procedure governing the arbitrations shall be as set forth…
- § 10240.12 A party may, within the applicable time periods and upon the grounds specified in this section and in Article 1 (commencing with Section 1285) of Chapter 4 of…
- § 10240.13 The cost of conducting the arbitration shall be borne equally by the parties. The filing fee, witness fees, costs of discovery, or any other cost necessarily…
ARTICLE 7.2. Public Works Contract Arbitration Committee §§ 10245–10245.4 · 5 sections
- § 10245 There is hereby established the Public Works Contract Arbitration Committee, which shall consist of seven members, as follows: (a) Three public members, who…
- § 10245.1 Each member appointed by the Governor shall serve for a term of four years, but shall continue in office until the successor to the member is appointed. Each…
- § 10245.2 The committee may make recommendations to the departments respecting the arbitration practice and procedure provided by Article 7.1 (commencing with Section…
- § 10245.3 The committee may establish standards and qualifications for the certification of arbitrators and certify as arbitrators persons meeting such standards and…
- § 10245.4 The Office of Administrative Hearings shall provide administrative services, facilities, and fiscal support to implement this article and Article 7.1…
ARTICLE 8. Modifications; Performance; Payment §§ 10250–10265 · 20 sections
- § 10250 The department may increase or decrease quantities of work to be done under a unit basis contract during the progress of the work.
- § 10251 The department may cause the insertion of provisions in any contract for the performance of such extra work and the furnishing of materials therefor by the…
- § 10252 The director may grant such extensions of time for completion as he deems for the best interests of the state.
- § 10253 If the director deems that a contractor has failed to supply an adequate working force, or material of proper quality, or has failed to comply with Section…
- § 10254 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.
- § 10255 Upon such termination, the director may take possession of and use all or any part of the contractor’s materials, tools, equipment, and appliances upon the…
- § 10256 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,…
- § 10257 The provisions of this part, except as to prequalification, are not applicable to the award of informal contracts.
- § 10258 If the control of a contractor is terminated or he abandons the work, and the work is performed by day’s labor or informal contract as provided in Section…
- § 10259 On the completion of the contract, the original contractor is entitled to the return of all his unused materials, and his equipment, tools, and appliances,…
- § 10260 The notices required by this article may be served on the contractor or on his agent having charge of the work, personally, or by registered mail addressed to…
- § 10261 (a) Payments upon contracts shall be made as the department prescribes upon estimates made and approved by the department, but progress payments shall not be…
- § 10261.5 (a) Any state agency which fails to make any progress payment within 30 days after receipt of the payment request from a contractor on a construction contract…
- § 10261.7 (a) Within 10 days of making a construction contract payment, a state agency that maintains an Internet Web site shall post on its Internet Web site the…
- § 10262 The contractor shall pay to his or her subcontractors, within seven days of receipt of each progress payment, the respective amounts allowed the contractor on…
- § 10262.3 To facilitate enforcement of Section 10262, the Department of General Services shall publish in the California State Contracts Register notice of progress…
- § 10262.5 (a) Notwithstanding any other law, a prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress…
- § 10263 (a) Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a…
- § 10264 (a) With the exception of projects over water requiring marine access, and which have a contract amount greater than twenty-five million dollars ($25,000,000),…
- § 10265 A claim pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code is not required, but legal action on any claim shall…
ARTICLE 9. Offenses §§ 10280–10284 · 5 sections
- § 10280 Any officer or employee of the department who corruptly performs any official act to the injury of the state, is guilty of a felony.
- § 10281 Any contractor or his agent or employee who corruptly permits the violation of any contract awarded under this part to the injury of the state, is guilty of a…
- § 10282 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…
- § 10283 Such felonies are punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
- § 10284 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.
ARTICLE 10. Ineligibility to Contract §§ 10285–10285.5 · 6 sections
- § 10285 The term “person,” as used in this article, means any individual, partnership, joint venture, or association or any other organization or any combination…
- § 10285.1 Any state agency may suspend, for a period of up to three years from the date of conviction, any person from bidding upon, or being awarded, a public works or…
- § 10285.2 Before suspending any person under this article, the state agency shall provide a hearing upon reasonable notice. In determining whether to suspend, and the…
- § 10285.3 In the event that any state agency has suspended any person under this article, any other state agency shall adopt the terms of that suspension without further…
- § 10285.4 In the event that any state agency has suspended any person under this article, that agency may terminate the suspension if it determines that termination is…
- § 10285.5 Nothing in this article shall require any state agency to contract with, or to permit the employment of a person as a subcontractor, or any person on any…
CHAPTER 1.5. California Taxpayer and Shareholder Protection Act of 2003 §§ 10286–10286.1 · 2 sections
CHAPTER 2. State Acquisition of Goods and Services §§ 10290–10490 · 131 sections
ARTICLE 1. Definitions §§ 10290–10290.3 · 3 sections
- § 10290 As used in this chapter: (a) “Department” means the Department of General Services. (b) “Director” means the Director of General Services. (c) “Centralized…
- § 10290.1 (a) Notwithstanding any other provision of law, in exercising their delegation of contracting authority from the department, state agencies may contract for…
- § 10290.3 (a) Notwithstanding the bidding provisions of this chapter, reverse auctions may be utilized for the acquisition of goods and services. The reverse auction…
ARTICLE 2. Approval of Contracts §§ 10295–10299.5 · 17 sections
- § 10295 (a) All contracts entered into by any state agency for (1) the acquisition of goods or elementary school textbooks, (2) services, whether or not the services…
- § 10295.1 (a) A state department or agency shall not contract for the purchase of tangible personal property from a vendor, contractor, or an affiliate of a vendor or…
- § 10295.2 (a) No vehicle acquisition request, vehicle purchase order, or new contract shall be approved by the Department of General Services for the purchase of new…
- § 10295.3 (a) (1) Notwithstanding any other provision of law, no state agency may enter into any contract for the acquisition of goods or services in the amount of one…
- § 10295.35 (a) (1) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services in the amount of one hundred…
- § 10295.4 (a) Notwithstanding any other law, a state agency shall not enter into any contract for the acquisition of goods or services with a contractor whose name…
- § 10295.5 (a) Notwithstanding any other law, a state agency shall not acquire or utilize sand, gravel, aggregates, or other minerals produced from a surface mining…
- § 10295.6 Sections 10295 and 10297 do not apply to any contract entered into by the Department of Water Resources under Part 3 (commencing with Section 11100) of…
- § 10295.8 For a contract awarded without competitive bidding for the acquisition of goods or services in the amount of seventy-five million dollars ($75,000,000) or…
- § 10296 (a) Every contract entered into by any state agency for any purpose specified in subdivisions (a) to (d), inclusive, of Section 10295, or in Section 10295.6,…
- § 10297 The provisions of Section 10295 shall apply both to contracts awarded through competitive bidding and those not subject to competitive bidding. The department…
- § 10298 (a) The director may consolidate the needs of multiple state agencies for goods, information technology, and services, and, pursuant to the procedures…
- § 10298.1 (a) The Department of General Services shall periodically review policies and procedures in the State Contracting Manual, and training provided to state…
- § 10298.5 (a) The director may use the procedures described in Section 10298 for contracts for the installation, and contracts for the purchase and installation, of…
- § 10299 (a) Notwithstanding any other provision of law, the director may consolidate the needs of multiple state agencies for information technology goods and…
- § 10299.1 (a) Notwithstanding any other law, the director shall operate the Natural Gas Services Program to consolidate and address the needs of multiple state agencies…
- § 10299.5 (a) (1) On and after January 1, 2025, subject to limited exceptions as set forth in subdivision (d), each state agency that enters into a contract with a…
ARTICLE 3. Competitive Bidding and Other Acquisition Procedures §§ 10300–10334 · 37 sections
- § 10300 (a) A Customer and Supplier Advocate shall be established in the department as a resource to state agencies and departments, and suppliers seeking information…
- § 10301 Except in cases when the agency and the department agree that an article of a specified brand or trade name is the only article that will properly meet the…
- § 10302 (a) Except in cases of emergency where immediate purchase of goods without bid is necessary for the protection of the public health, welfare, or safety,…
- § 10302.5 All product specifications that the department or any other state agency prepares for goods for any contract entered into by any state agency for the…
- § 10302.6 Product specifications as prepared by the department or any other state agency shall not be written with the intent of excluding goods manufactured, produced,…
- § 10303 The department shall adopt, publish and apply uniform standards of rating bidders, on the basis of questionnaires and required statements, with respect to…
- § 10304 All bids shall be sealed and shall be publicly opened and read at the time set forth in the solicitation, provided any person in attendance desires the bids to…
- § 10304.1 Notwithstanding Sections 10301, 10302, and 10304, the Department of Water Resources may award contracts for the acquisition of specialized equipment for…
- § 10305 After being opened the bids shall be available for public inspection and tabulations shall be completed within seven days.
- § 10306 (a) Whenever a contract under this article is not to be awarded to the lowest bidder, the bidder shall be notified 24 hours prior to awarding the contract to…
- § 10307 The director shall establish statewide acquisition standards, the purpose of which shall be to ensure the necessary quality of goods acquired by or under the…
- § 10308 Except as provided otherwise in this chapter, every acquisition of goods in excess of one hundred dollars ($100) for any state agency shall be made by or under…
- § 10309 Except as provided in Sections 10332 and 10333, no state agency may acquire goods in the open market, unless permission has been given by the department, upon…
- § 10310 Upon the request of the department, every state agency that is authorized by law to acquire goods shall designate some person in the agency whose duty it shall…
- § 10311 (a) An estimate or requisition approved by the state agency in control of the appropriation or fund against which an acquisition is to be charged, is full…
- § 10312 Immediately upon the rendition of services or the delivery of goods, the disbursing officer shall transmit the invoice or demand for payment together with his…
- § 10313 The director may make the services of the department under this article available, upon those terms and conditions as he or she may deem satisfactory, to any…
- § 10314 Any contract for goods to be manufactured by the contractor specially for the state and not suitable for sale to others in the ordinary course of the…
- § 10315 The department may rent, lease, construct, and maintain warehouses and make the rules and regulations that are necessary for the proper and economical making…
- § 10316 The department may insure in the name of the state any goods or merchandise belonging to the state which are stored in any warehouse or storage depot not under…
- § 10317 Each person in the department who has personal supervision and control of any warehouse or storage depot wherein merchandise or goods belonging to the state…
- § 10318 No state agency or employee thereof shall draft or cause to be drafted, any specifications for bids, in connection with the acquisition or contemplated…
- § 10319 To meet an emergency, goods of a perishable nature, in an amount not exceeding one hundred dollars ($100) in value, may be acquired by a state agency without…
- § 10320.5 (a) Commencing January 1, 1992, all state agencies subject to this chapter that enter into installment purchase or lease-purchase contracts shall make periodic…
- § 10322 Any person who supplies any state agency with livestock products derived from any of the animals enumerated in Section 19501 of the Food and Agricultural Code…
- § 10323 To assist the department and other state agencies in the enforcement of the provisions of Section 19501 of the Food and Agricultural Code, the Department of…
- § 10325 Each quarter, the department shall, upon request, provide each city, county, city and county, district, local government body, or public corporation empowered…
- § 10326 In establishing bid specifications for the acquisition of motor vehicles and in determining the lowest responsible bidder, consideration may be given by the…
- § 10326.1 (a) A campus or a facility of a California Community College or a campus or a facility of the California State University, that owns, leases, or otherwise has…
- § 10327 Except for motor vehicles described in Section 43805 of the Health and Safety Code, the provisions of Article 1 (commencing with Section 43800) of Chapter 4 of…
- § 10328 The bid requirements prescribed in this article are not applicable to contracts for the acquisition of the following: (a) Fluid milk and fluid cream, the price…
- § 10329 No person shall willfully split a single transaction into a series of transactions for the purpose of evading the bidding requirements of this article.
- § 10330 On July 1 of each year, the department shall establish the minimum dollar level below which authority to acquire goods shall be delegated to state agencies…
- § 10331 The department shall establish a program for delegating authority to acquire goods to state agencies that meet the requirements of Section 10333. Each…
- § 10332 Any state agency that receives delegated authority to acquire goods shall be authorized, at a minimum, to make the following types of acquisitions: (a)…
- § 10333 (a) The department shall delegate purchasing authority, as specified in Section 10332, to any state agency that does all of the following: (1) Designates an…
- § 10334 (a) No state employee shall acquire any goods from the state, unless the goods are offered to the general public in the regular course of the state’s business…
ARTICLE 4. Contracts for Services §§ 10335–10381 · 28 sections
- § 10335 (a) This article shall apply to all contracts, including amendments, entered into by any state agency for services to be rendered to the state, whether or not…
- § 10335.5 (a) “Consulting services contract,” as used in this article, means services that do all of the following: (1) Are of an advisory nature. (2) Provide a…
- § 10335.7 “State agency,” as used in this article, means every state office, department, division, bureau, board, or commission, but does not include the Legislature,…
- § 10336 The Department of Finance may establish those controls over approval of contracts by the department as are necessary to assure that approval is consistent with…
- § 10337 (a) The State Personnel Board may establish such standards and controls over approval of contracts by the Department of General Services as are necessary to…
- § 10339 (a) Subject to the provisions of Section 10348, no state agency shall draft, or cause to be drafted, any invitation to bid or request for proposal, in…
- § 10340 (a) Except as provided by subdivision (b), a state agency shall secure at least three competitive bids or proposals for each contract. (b) Three competitive…
- § 10341 Whenever a contract subject to the provisions of this article is awarded under a procedure which provides for competitive bidding, the bids shall be publicly…
- § 10342 After opening, all bids shall be available for public inspection.
- § 10344 (a) (1) Contracts subject to the provisions of this article may be awarded under a procedure that makes use of a request for proposal. State agencies that use…
- § 10344.1 The Department of Human Resources, with respect to contracts it enters into for state employees for employee benefits, occupational health and safety, training…
- § 10345 (a) Whenever a contract is awarded under a procedure providing for competitive bidding, but the contract is not to be awarded to the low bidder, the low bidder…
- § 10346 Contracts may provide for progress payments to contractors for work performed or costs incurred in the performance of the contract. Not less than 10 percent of…
- § 10348 The department shall prescribe the following: (a) The conditions under which a contract may be awarded without competition, and the methods and criteria which…
- § 10348.5 Each state agency shall designate at least one currently existing person or position within the state agency as a contract manager. Every contract manager…
- § 10349 The Department of Human Resources shall establish a program for training state agency contracting personnel in contract administration and contract management.…
- § 10350 (a) This section shall apply to contracts awarded by the Department of Rehabilitation to provide rehabilitation services to eligible individuals with…
- § 10351 (a) The department shall exempt from its approval contracts under one hundred fifty thousand dollars ($150,000) that any state agency awards if the state…
- § 10352 (a) The department shall conduct a quality control review of the audit of the contracting program required by Section 10351. (b) The exemption provided by…
- § 10353 A contract in an amount in excess of two hundred thousand dollars ($200,000) that is governed by the provisions of this part shall contain a provision…
- § 10353.5 (a) Any contract for legal services shall contain the following provisions: (1) The contractor shall agree to adhere to legal cost and billing guidelines…
- § 10365.5 (a) No person, firm, or subsidiary thereof who has been awarded a consulting services contract may submit a bid for, nor be awarded a contract for, the…
- § 10367 (a) Each contractor shall be advised in writing on the standard contract form that his or her performance, or the firm’s performance under the contract will be…
- § 10369 (a) Each state agency shall conduct a post-evaluation, by completing the post-evaluation form, of each consulting services contract totaling five thousand…
- § 10370 The evaluations and contractor responses on file with the state agencies and the department shall not be public records. The department shall act as a central…
- § 10371 The following provisions shall apply to all consulting services contracts: (a) Each state agency shall, regardless of the fiscal amount involved, use available…
- § 10372 On and after January 1, 2024, when seeking to award a contract for commercial rental car services, the department shall develop criteria to evaluate bidders,…
- § 10381 (a) The department shall ensure that all state agencies are kept fully informed of the department’s plans and procedures for implementing the provisions of…
ARTICLE 5.5. Federal Surplus Personal Property §§ 10383–10383.8 · 9 sections
- § 10383 The Department of General Services is hereby designated as the agency for the State of California responsible for distribution of federal surplus personal…
- § 10383.1 The department shall cooperate with the federal government and its agencies in securing the expeditious and equitable distribution of surplus personal property…
- § 10383.2 The department may enter into cooperative agreements with, and may provide for utilization by, federal agencies, with or without payment or reimbursement, of…
- § 10383.3 The Director of General Services may create a committee to serve as an advisory body to the department to ensure that distribution of federal surplus personal…
- § 10383.4 The department shall develop a detailed state plan of operation in accordance with subdivision (j) of Section 203 of the Federal Property and Administrative…
- § 10383.5 The cash resources of the Surplus Property - Hardware Program from surplus-personal property transferred to this state in accordance with the Federal Property…
- § 10383.6 The Department of General Services shall have the possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations,…
- § 10383.7 All officers and employees of the State Department of Education as mutually agreed by the Department of General Services to be on the operative date of this…
- § 10383.8 The department may make all rules and regulations consistent with the law for the purpose of carrying into effect the provisions of this article. Those rules…
ARTICLE 6. Purchase of Federal Surplus Property §§ 10385–10389 · 5 sections
- § 10385 The department may purchase, lease or otherwise acquire from the federal government or any agency thereof for use of state agencies, surplus real property,…
- § 10386 Any and all negotiations with the federal government or its agencies for or in connection with the purchase or acquisition of such property, and all…
- § 10387 The department shall do all of the following: (1) Keep in constant touch with federal agencies charged with the sale or disposition of federal property and…
- § 10388 Unless otherwise prescribed by the department, state agencies desiring to purchase or acquire federal property shall submit their estimates or requisitions…
- § 10389 This article shall not apply to the Trustees of the California State University.
ARTICLE 6.5. State Surplus Personal Property §§ 10389.1–10389.2 · 2 sections
- § 10389.1 The Department of General Services, if feasible and consistent with existing law, shall first offer appropriate state surplus personal property to school…
- § 10389.2 (a) The department’s policies and procedures regarding the disposition of state surplus computers, laptops, monitors, and related computer equipment shall do…
ARTICLE 7.6. Recycled Oil Markets §§ 10405–10409 · 5 sections
- § 10405 The following definitions govern the construction of this article: (a) “Department” means the State Department of Health Services. (b) “Industrial oil” means…
- § 10406 Every procuring agency shall continuously review and revise its procedures and specifications for the purchase of lubricating oil and industrial oil to…
- § 10407 Every procuring agency shall require that purchases of lubricating oil and industrial oil be made from the seller whose oil product contains the greater…
- § 10408 (a) Every procuring agency shall establish and maintain an affirmative program for procuring oils containing the maximum content of recycled oil. (b) An…
- § 10409 Every local agency, as defined in Section 17518 of the Government Code, shall purchase lubricating oil and industrial oil from the seller whose oil product…
ARTICLE 8. Conflict of Interest §§ 10410–10413 · 4 sections
- § 10410 No officer or employee in the state civil service or other appointed state official shall engage in any employment, activity, or enterprise from which the…
- § 10411 (a) No retired, dismissed, separated, or formerly employed person of any state agency or department employed under the state civil service or otherwise…
- § 10412 Each contractor who enters into a state contract with the state for ten thousand dollars ($10,000) or more, shall be assigned an identification number by the…
- § 10413 Notwithstanding Section 10410, an employee or state officer, not including a member of the board of directors, of a district agricultural association formed…
ARTICLE 9. Remedies and Penalties §§ 10420–10426 · 7 sections
- § 10420 Every contract or other transaction entered in violation of any provision of this chapter is void, unless the violation is technical or nonsubstantive.
- § 10421 The state, or any person acting on behalf of the state, may bring a civil action seeking a determination by the Superior Court that a contract or other…
- § 10422 Any officer or employee of the department who corruptly performs any official act under this chapter to the injury of the state is guilty of a felony.
- § 10423 Any person contracting with the state by oral or written contract who corruptly permits the violation of any contract made under this chapter is guilty of a…
- § 10424 Persons convicted under Section 10422 or 10423 are also liable to the state for double the amount the state may have lost, or be liable to lose by reason of…
- § 10425 Willful violation of any other provision of this chapter shall constitute a misdemeanor.
- § 10426 (a) It shall be unlawful for a person to intentionally disclose proprietary information obtained in the negotiation, execution, or performance of a consulting…
ARTICLE 10. Exemptions § 10430 · 1 section
- § 10430 This chapter does not apply to any of the following: (a) The Regents of the University of California and the Trustees of the California State University,…
ARTICLE 12. Minority Business Participation §§ 10470–10474 · 5 sections
- § 10470 As used in this article, the following definitions shall apply: (a) “Awarding department” means any state agency, department, governmental entity, or other…
- § 10471 Notwithstanding any other provision of law, all contracts awarded pursuant to Section 2910 of the Penal Code or Section 1753.3 of the Welfare and Institutions…
- § 10472 In awarding contracts to the lowest responsible bidder, the awarding department shall consider the responsiveness of a bidder to minority business enterprise…
- § 10473 (a) Each awarding department shall establish a method for monitoring compliance with the minority business enterprise and women business enterprise goals…
- § 10474 Commencing on January 1, 1989, and on January 1st of each year thereafter, each awarding department shall submit a report to the Legislature and the Governor…
ARTICLE 13. Darfur Contracting Act of 2008 §§ 10475–10490 · 8 sections
- § 10475 The Legislature hereby finds and declares all of the following: (a) On September 21, 2004, in addressing the United Nations General Assembly, President George…
- § 10476 As used in this article, the following definition applies: “Scrutinized company” means a company in Sudan that is involved in power production activities,…
- § 10477 (a) A scrutinized company is ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services. (b) (1)…
- § 10478 (a) A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or services, that currently or within the…
- § 10479 (a) If the Department of General Services determines that a company has submitted a false certification under Section 10478, the company shall be subject to…
- § 10480 This act shall be repealed upon affirmative action of the Legislature. Provided, that in determining whether to repeal this act, by way of suggestion and…
- § 10481 (a) If any one or more provision, section, subsection, sentence, clause, phrase, or word of this act or the application thereof to any person or circumstance…
- § 10490 (a) A scrutinized company is ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services related to…
CHAPTER 2.1. University of California Competitive Bidding §§ 10500–10527 · 50 sections
ARTICLE 1. Construction §§ 10500–10506 · 9 sections
- § 10500 As used in this article, “project” includes the erection, construction, alteration, repair, or improvement of any University of California structure, building,…
- § 10500.5 It is the intent of the Legislature to facilitate the participation of small businesses, particularly small disadvantaged or minority business enterprises,…
- § 10501 Except as otherwise provided in this article, the Regents of the University of California shall let any contract for a project to the lowest responsible bidder…
- § 10502 The Regents of the University of California shall give public notice of a project to bidders by publication twice within the 60-day period preceding the day…
- § 10503 Before entering into any contract for a project, the Regents of the University of California shall cause to be prepared estimates and either: (a) Complete…
- § 10504 Except as otherwise provided in Section 10504.5 or 10506, work on all projects shall be performed under contract awarded in accordance with Section 10501,…
- § 10504.5 (a) Where the nature of the work, in the opinion of the Regents of the University of California, is such that the application of all of the provisions of this…
- § 10505 (a) The Regents of the University of California may perform projects with university employees if the regents deem that the award of a contract, the acceptance…
- § 10506 The requirements of Sections 10501, 10502, and 10503 shall not be applicable to (1) any project of which the Regents of the University of California is only…
ARTICLE 1.5. Best Value Construction Contracting Program §§ 10506.4–10506.10 · 7 sections
- § 10506.4 (a) This article provides the Best Value Construction Contracting Program for the Regents of the University of California for projects over one million dollars…
- § 10506.5 For purposes of this article, the following definitions apply: (a) “Best value” means a procurement process whereby the lowest responsible bidder may be…
- § 10506.6 The university shall proceed in accordance with the following when awarding best value contracts under this article. (a) The university shall prepare a…
- § 10506.7 Selection of the best value contractor shall be made as follows: (a) The university shall evaluate the qualifications of the bidders based solely upon the…
- § 10506.8 For purposes of this article: (a) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards of the…
- § 10506.9 (a) If a contractor, bidder, or other entity is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a…
- § 10506.10 Except as otherwise provided in this article, this article is not intended to change in any manner any guideline, criteria, procedure, or requirement of the…
ARTICLE 2. Materials, Goods, and Services §§ 10507.5–10510 · 8 sections
- § 10507.5 It is the intent of the Legislature to encourage the procurement of recycled paper products by the University of California by developing guidelines to…
- § 10507.7 Except as provided for in this article, the Regents of the University of California shall let all contracts involving an expenditure of more than one hundred…
- § 10507.8 (a) As provided for in this article, when the University of California determines that it can expect long-term savings through the use of life-cycle cost…
- § 10508 The requirements of this article shall not be applicable when the regents determine that a brand or trade name article, thing, or product or proprietary…
- § 10508.5 (a) Notwithstanding any other law, including, but not limited to, the advertising, bidding, and protest provisions of Chapter 2.1 (commencing with Section…
- § 10509 The Regents of the University of California shall prescribe methods of procurement for goods, materials, and services to be purchased, including: (a)…
- § 10509.5 Notwithstanding any other law, commencing January 1, 2024, the University of California shall not approve a health benefit plan contract for employees that…
- § 10510 The requirements of this article shall not be applicable to the procurement of goods, materials, or services funded exclusively by federal agencies to the…
ARTICLE 2.5. Contracts with Private Architects, Engineering, Environmental, Land Surveying, and Construction Project Management Firms §§ 10510.4–10510.9 · 6 sections
- § 10510.4 For purposes of this article, the following definitions apply: (a) “Firm” means any individual, firm, partnership, corporation, association, or other legal…
- § 10510.5 (a) Selection by the University of California for professional services of private architectural, landscape architectural, engineering, environmental, land…
- § 10510.6 (a) The University of California shall follow this section in negotiating fees and executing a contract for professional consulting services of a private…
- § 10510.7 (a) In the procurement of architectural, landscape architectural, engineering, environmental, land surveying, real property development services, and…
- § 10510.8 (a) The university shall negotiate a contract with the best qualified firm for architectural, landscape architectural, engineering, environmental, land…
- § 10510.9 Any individual or firm proposing to provide construction project management services pursuant to this article shall provide evidence that the individual or…
ARTICLE 2.7. University of California Vendors §§ 10510.50–10510.54 · 5 sections
- § 10510.50 This article shall be known, and may be cited, as the Recovery of Earned but Unpaid Wages Act.
- § 10510.51 As used in this article: (a) “Aggrieved employee” means either of the following: (1) An employee against whom one or more alleged violations of this article…
- § 10510.52 (a) A vendor that supplies the university with employees to perform services, shall provide those employees with written notice of the total compensation rate…
- § 10510.53 (a) It shall be unlawful for any vendor to accept payment from the university pursuant to a contract for services if the vendor is performing services or…
- § 10510.54 The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…
ARTICLE 3. Real Property §§ 10511–10513 · 3 sections
- § 10511 (a) (1) The Regents of the University of California shall give public notice to bidders of the sale of University of California real property situated in…
- § 10512 (a) On the date designated in the public notice, the sealed bids shall be publicly opened. (b) (1) The regents shall accept in public the bid or proposal that…
- § 10513 The publication and award procedures set forth in this article shall not be applicable to any of the following: (a) The sale of an undivided or fractional…
ARTICLE 4. Conflict of Interest §§ 10515–10518 · 4 sections
- § 10515 (a) No person, firm, or subsidiary thereof who has been awarded a consulting services contract may submit a bid for, nor be awarded a contract on or after July…
- § 10516 No officer or employee of the University of California shall engage in any employment, activity, or enterprise from which the officer or employee receives…
- § 10517 (a) No retired, dismissed, separated, or formerly employed person of the University of California employed with the university or otherwise appointed to serve…
- § 10518 (a) Except as otherwise provided in subdivision (b), each contractor who enters into a contract with a University of California campus for ten thousand dollars…
ARTICLE 5. Remedies and Penalties §§ 10520–10527 · 8 sections
- § 10520 Every contract or other transaction entered in violation of any provision of this chapter is void, unless the violation is technical or nonsubstantive.
- § 10521 The University of California, or any person acting on behalf of the university, may bring a civil action seeking a determination by the superior court that a…
- § 10522 Any officer or employee of the University of California who corruptly performs any official act under this chapter to the injury of the university is guilty of…
- § 10523 Any person contracting with the University of California by oral or written contract who corruptly permits the violation of any contract made under this…
- § 10524 Persons convicted under Section 10522 or 10523 are also liable to the University of California for double the amount the university may have lost or be liable…
- § 10525 Willful violation of any other provision of this chapter shall constitute a misdemeanor.
- § 10526 Sections 10522, 10523, 10524, and 10525 of this article do not apply to violations of Article 2.5 (commencing with Section 10510.4) of this chapter.
- § 10527 This article does not apply to violations of Article 2.7 (commencing with Section 10510.50) of this chapter.
CHAPTER 2.5. California State University Contract Law §§ 10700–11005 · 71 sections
ARTICLE 1. General Provisions §§ 10700–10710 · 12 sections
- § 10700 This chapter may be cited as the California State University Contract Law.
- § 10701 As used in this chapter: (a) “Project” includes the erection, construction, alteration, painting, repair, or improvement of any state structure, building,…
- § 10702 Contracts for the purchase of supplies or materials, which are purchased through the Department of General Services, are not subject to this chapter, even…
- § 10703 Work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority, is not subject to this…
- § 10704 The project shall be under the sole and direct control of the trustees, pursuant to the powers and responsibilities invested in them by Chapter 8 (commencing…
- § 10705 (a) When, in the opinion of the trustees, the work does not require the application of all of the provisions of this chapter in connection therewith, the…
- § 10706 The trustees and the Department of General Services may enter into an agreement under which the Department of General Services will carry out any of the…
- § 10706.5 The trustees may enter into an agreement with an auxiliary organization, as defined in Section 89901 of the Education Code, under which the auxiliary…
- § 10707 The trustees may enter into service contracts. Such contracts shall be subject only to Section 10820 and to such other provisions of this chapter, if any, as…
- § 10708 (a) When, in the opinion of the trustees, the best interests of the California State University dictate, the trustees may enter into an agreement with a…
- § 10709 Notwithstanding any provision of the California State University Contract Law and any other provision of law to the contrary, the trustees may enter into an…
- § 10710 (a) Notwithstanding any other provisions of this chapter, the trustees may award annual contracts that do not exceed three million dollars ($3,000,000) for…
ARTICLE 2. Plans and Specifications §§ 10720–10726 · 7 sections
- § 10720 Before entering into any contract for a project, the trustees, pursuant to the powers invested in them by Chapter 8 (commencing with Section 66600) of Part 40…
- § 10721 The plans, specifications, and estimates of cost shall be approved by the trustees, and the original draft or a certified copy filed permanently in the office…
- § 10722 Work on all projects shall be done under contract awarded to the lowest responsible bidder pursuant to this chapter, except that it may be done by day’s labor…
- § 10723 Upon the approval of the trustees the authorized employees of the trustees may, when proceeding upon the basis of day’s labor, let any subdivision or unit of…
- § 10724 Bids may be received and contracts awarded on a unit basis, that is, the bids compared upon the basis of estimates of the quantities of the work to be done.
- § 10725 Except in unit basis contracts, contracts shall not be made exceeding in amount the estimates of costs approved by the trustees. Plans and specifications and…
- § 10726 The trustees may receive bids for the construction of several public works projects at the California State University as a single project. Where more than one…
ARTICLE 3. Advertisement for Bids §§ 10740–10743 · 4 sections
- § 10740 When it appears from the estimates of cost that the estimated contract price of any project will not exceed fifteen thousand dollars ($15,000), the trustees…
- § 10741 The notices shall state the time and place for the receiving and opening of sealed bids and describe in general terms the work to be done.
- § 10742 If it appears that the estimated contract price will exceed fifteen thousand dollars ($15,000), public notice to bidders shall be given by publication once a…
- § 10743 The notices shall state the time and place for the receiving and opening of sealed bids and that the bids will be required for the entire project and for the…
ARTICLE 4. Bids and Bidders §§ 10760–10767 · 8 sections
- § 10760 The trustees may require, and on contracts the estimated cost of which exceeds the value of a minor capital outlay project for which, pursuant to the first…
- § 10761 The trustees shall adopt and apply a uniform system of rating bidders, on the basis of the standard questionnaires and financial statements, in respect to the…
- § 10762 In all projects for road, street, and bridge work where federal funds are involved and where a bidder is required to be and has been prequalified pursuant to…
- § 10763 The questionnaires and financial statements are not public records and are not open to public inspection.
- § 10764 The trustees shall furnish to each bidder a standard proposal form, which, when filled out and executed, may be submitted as the bid. Bids not presented on…
- § 10765 (a) All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder’s security: cash, a cashier’s check, certified…
- § 10766 Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid shall not be received after that time.
- § 10767 Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid…
ARTICLE 5. Award of Contracts §§ 10780–10785 · 7 sections
- § 10780 On the day named in the public notice the trustees shall publicly open the sealed bids and award the contracts to the lowest responsible bidders.
- § 10780.5 The trustees may require a bid for a public works contract to include prices for items that may be added to, or deducted from, the scope of work in the…
- § 10781 If the successful bidder fails to execute the contract, the bidder’s security shall be forfeited to the state. The cash or proceeds shall be deposited in the…
- § 10782 If the trustees deem it is for the best interest of the state, they may, on the refusal or failure of the successful bidder to execute the contract, award it…
- § 10783 The failure of the successful bidder to furnish any bond required by law, within the time fixed for execution of the contract, constitutes a failure to execute…
- § 10784 The bidder’s security of the second and third lowest responsible bidders may be withheld until the contract has been finally executed. The cash, cashier’s…
- § 10785 If the trustees deem the acceptance of the lowest responsible bid or bids is not for the best interests of the state, they may reject all bids and proceed by…
ARTICLE 7. Contract Requirements §§ 10820–10828 · 9 sections
- § 10820 Every contract awarded under this chapter shall be submitted to the Attorney General or the attorney appointed according to law and authorized to represent the…
- § 10821 Every contract shall provide for the filing of separate performance and payment bonds by the contractor executed by an admitted surety insurer, subject to the…
- § 10822 Each bond shall be in a sum equal to at least one-half of the contract price, except as otherwise provided in Section 9554 of the Civil Code.
- § 10823 The payment bond shall secure the payment of the claims of laborers, mechanics, or materialmen employed on the work under the contract and shall contain all…
- § 10824 The performance bond shall guarantee the faithful performance of the contract by the contractor.
- § 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…
- § 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…
- § 10827 Every contract shall provide that the trustees may make changes in the plans and specifications pursuant to this chapter.
- § 10828 Notwithstanding any other law, commencing January 1, 2024, the California State University shall not approve a health benefit plan contract for employees that…
ARTICLE 7.8. Conflict of Interest §§ 10830–10833 · 4 sections
- § 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,…
- § 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…
- § 10832 (a) No retired, dismissed, separated, or formerly employed person of the California State University employed with the California State University or otherwise…
- § 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…
ARTICLE 8. Modifications; Performance; Payment §§ 10840–10853 · 14 sections
- § 10840 The trustees may increase or decrease quantities of work to be done under a unit basis contract during the progress of the work.
- § 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…
- § 10842 The trustees may grant such extensions of time for completion as they deem for the best interests of the state.
- § 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…
- § 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.
- § 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…
- § 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,…
- § 10847 The provisions of this chapter, except as to prequalifications, are not applicable to the award of informal contracts.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 9. Offenses §§ 10870–11005 · 6 sections
- § 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.
- § 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…
- § 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…
- § 10873 Such felonies are punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
- § 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.
- § 11005 “Spouse,” as used in this code, includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
CHAPTER 3. Acquisition of Information Technology Goods and Services §§ 12100–12113 · 23 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 12101.7 (a) Notwithstanding the sealed bidding provisions of this chapter, reverse auctions may be utilized for the acquisition of information technology, in…
- § 12102 (a) The Department of General Services shall maintain, in the State Administrative Manual, all policies and procedures governing the acquisition and disposal…
- § 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…
- § 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…
- § 12102.3 (a) The department shall conduct a postevaluation of each contract for the acquisition of information technology services totaling five hundred thousand…
- § 12103 In addition to the mandatory requirements enumerated in Sections 12102, 12102.1, and 12102.2, the acquisition policies and procedures developed by the…
- § 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…
- § 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…
- § 12104.5 (a) All rules and requirements governing an information technology acquisition, for which the Department of General Services or the Department of Technology…
- § 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…
- § 12106 The Department of General Services and the Department of Technology may, in addition to fulfilling the mandatory requirements enumerated in Sections 12102,…
- § 12108 Until the time that the Department of General Services and the Department of Technology have published in the State Administrative Manual the procedures…
- § 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…
- § 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…
- § 12112.1 (a) Software license contracts allowing the use of the software for a specified time period with recurring payments may be paid in advance subject to the…
- § 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…
CHAPTER 3.5. Acquisition of Telecommunications Goods and Services § 12120 · 1 section
- § 12120 The Legislature finds and declares that, with the advent of deregulation in the telecommunications industry, substantial cost savings can be realized by the…
CHAPTER 3.6. The Alternative Protest Pilot Project §§ 12125–12129 · 6 sections
- § 12125 There is hereby established the Alternative Protest Process to be administered by the Department of General Services and the Department of Technology in…
- § 12126 (a) Notwithstanding any other law, any department or agency may use the solicitation and alternative protest procedures outlined in this chapter for…
- § 12127 Major information technology acquisitions subject to this chapter shall meet the following criteria: (a) The agency or department has stated its business needs…
- § 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…
- § 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…
- § 12129 The Department of General Services shall electronically submit a report and recommendations to the Legislature regarding the Alternative Protest Process on or…
CHAPTER 3.7. Prohibition of the Offshoring of State Public Benefits Contracts § 12140 · 1 section
- § 12140 (a) Notwithstanding any other law, any state agency authorized to enter into contracts relating to public benefit programs shall only contract for services…
CHAPTER 3.9. Offshoring University of California and California State University Contracts § 12147 · 1 section
- § 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…
CHAPTER 4. State Agency Buy Recycled Campaign §§ 12153–12217 · 19 sections
ARTICLE 1. General Provisions §§ 12153–12156 · 2 sections
- § 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…
- § 12156 (a) Except as provided in subdivision (b), no state agency shall purchase any printer or duplication cartridge for which the manufacturer, wholesaler,…
ARTICLE 2. Recycled Paper Products §§ 12164.5–12167.1 · 4 sections
- § 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…
- § 12165 (a) After implementing a recycling plan pursuant to subdivision (c) of Section 12164.5, the Department of Resources Recycling and Recovery shall establish,…
- § 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.
- § 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…
ARTICLE 3. Compost and Co-compost Products §§ 12180–12184 · 3 sections
- § 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…
- § 12183 (a) All state departments and agencies, including, but not limited to, the Department of Transportation, the Department of Water Resources, the Department of…
- § 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…
ARTICLE 4. Recycled Materials, Goods, and Supplies §§ 12200–12217 · 10 sections
- § 12200 For the purpose of this article, the following definitions shall apply: (a) “CalRecycle” means the Department of Resources Recycling and Recovery, as defined…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 12211 (a) A state agency shall report annually to CalRecycle its progress in meeting the recycled product purchasing requirements and, if necessary, an explanation…
- § 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…
- § 12217 (a) State agency procurement and contracting officers, or their designees, from all agencies shall participate in annual mandatory training that is conducted…
CHAPTER 5. Recycled Product Procurement by the Legislature §§ 12300–12320 · 7 sections
ARTICLE 1. General Provisions §§ 12300–12306 · 5 sections
- § 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…
- § 12301 The following definitions govern the interpretation of this chapter: (a) “Department” means the Department of General Services. (b) “Board” means the…
- § 12305 This chapter applies to the procurement and purchase of the following materials, goods, and supplies, or products containing the following recycled resources,…
- § 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…
- § 12306 This chapter does not apply to the procurement and purchase of asphalt concrete and portland cement concrete pavement.
ARTICLE 2. Recycled Paper Products § 12310 · 1 section
- § 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…
ARTICLE 3. Recycled Materials, Goods, and Supplies § 12320 · 1 section
- § 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…
CHAPTER 6. Environmentally Preferable Purchasing §§ 12400–12404 · 6 sections
- § 12400 For purposes of this chapter, “environmentally preferable purchasing” means the procurement or acquisition of goods and services that have a lesser or reduced…
- § 12401 The Department of General Services, in consultation with the California Environmental Protection Agency, members of the public, industry, and public health and…
- § 12401.5 Within existing resources, the Department of General Services shall designate a single point of contact for state agencies, suppliers, and other interested…
- § 12402 Nothing contained in this chapter shall prohibit, limit, or supersede recycled content requirements pursuant to any other provision of law.
- § 12403 Nothing contained in any policy regarding environmentally preferable purchasing may be construed as requiring the acquisition of goods or services that do not…
- § 12404 Manufacturers, vendors, or other nongovernmental entities contracting with the Department of General Services shall certify in writing that any environmental…
CHAPTER 7. The Federal Laboratory Contracting Act §§ 12500–12502 · 4 sections
- § 12500 This chapter shall be known and may be cited as the Federal Laboratory Contracting Act.
- § 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…
- § 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…
- § 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…
CHAPTER 10. Claims and Disputes §§ 19100–19102 · 2 sections
- § 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…
- § 19102 (a) (1) The second lowest bidder, and any person, firm, association, trust, partnership, labor organization, corporation, or other legal entity which has,…
CHAPTER 11. Exemptions § 19150 · 1 section
- § 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…