CHAPTER 2. State Acquisition of Goods and Services [10290. - 10490.]
Heading of Chapter 2 amended by Stats. 2000, Ch. 776, Sec. 4.
§§ 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…