2007 California Public Contract Code Article 1. Scope Of Chapter And General Provisions

CA Codes (pcc:10100-10111)

10100.  This part 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), Part 2, Division 2, of the Public Contract Code, are not
subject to this part, even though the seller is required to perform
some incidental work or service in connection with the delivery of
the material or supplies.
   (b) Contracts for which emergency work or remedial measures are
required are not subject to this part if the work or remedial
measures are necessary to immediately avert, alleviate, repair, or
mitigate destruction of property caused by the accidental or
unplanned release of toxic substances and are necessary to protect
the health, safety, and welfare of the general public.



10102.  Improvements on the property of the state on the waterfront
of the City and County of San Francisco under the jurisdiction of the
Board of State Harbor Commissioners are not subject to this part.



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 part, whether or not done under public
supervision or paid for in whole or part out of public funds.




10103.5.  Work performed by prisoners pursuant to an order by the
Director of the Department of Corrections or by the Prison Industry
Authority is not subject to this part, provided that the total cost
of a project for the construction of new, previously unoccupied
prison facilities or additions to an existing facility shall not
exceed fifty thousand dollars (,000) unless it is first approved
by the Public Works Board.



10104.  As used in this part, "mobilization" includes preparatory
work and operations, including, but not limited to, those necessary
for the movement of personnel, equipment, supplies and incidentals to
the project site, for the establishment of all offices, buildings
and other facilities necessary for work on the project, and for all
other work and operations which must be performed or costs incurred
prior to beginning work on the various items on the project site.



10105.  (a) As used in this part, "project" includes the erection,
construction, alteration, repair or improvement of any state
structure, building, road, or other state improvement of any kind
which will exceed a total cost calculated pursuant to subdivision
(b).
   (b) The total cost limit for calendar  year 1993 shall be one
hundred thousand dollars (0,000), and at two year intervals
thereafter, the total cost limit shall be adjusted upward or downward
by the Director of Finance to reflect the percentage change in the
annual California Construction Index as used by the Department of
General Services.  The amount shall be rounded off to the nearest one
thousand dollar (,000) figure.



10106.  "Department," as used in this part, means (a) the Department
of Water Resources as to any project under the jurisdiction of that
department, (b) the Department of General Services as to any project
under the jurisdiction of that department, (c) the Department of
Boating and Waterways as to any project under the jurisdiction of
that department pursuant to Article 2.5 (commencing with Section 65)
of Chapter 2 of Division 1 of the Harbors and Navigation Code, (d)
the Department of Corrections with respect to any project under its
jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of
Title 7 of Part 3 of the Penal Code, and (e) the Department of
Transportation as to all other projects.
   "Director," as used in this part, means the director of each
department as defined herein respectively.



10107.  Whenever provision is made by law for any project which is
not under the jurisdiction of the Department of Water Resources, the
Department of Boating and Waterways pursuant to Article 2.5
(commencing with Section 65) of Chapter 2 of Division 1 of the
Harbors and Navigation Code, the Department of Corrections pursuant
to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of
the Penal Code, or the Department of General Services, the project
shall be under the sole charge and direct control of the Department
of Transportation.


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 out of the project directly
by the state agency concerned therewith if the estimated cost does
not exceed four hundred thousand dollars (0,000), except that the
four hundred thousand dollars (0,000) limitation shall not apply
to a project of a district agricultural association or a project of
the State Lands Commission.
   If the estimated total cost of any construction project or work
carried out under this section exceeds twenty-five thousand dollars
(,000), the district or agency shall solicit bids in writing and
shall award the work to the lowest responsible bidder or reject all
bids.  However, the director may authorize the district or agency to
carry out work in excess of twenty-five thousand dollars (,000)
under the provisions of this section by day labor if he or she deems
that the award of a contract, the acceptance of bids, or the
acceptance of further bids is not in the best interests of the state.
  In no event shall the amount of work performed by day labor under
this section exceed the sum of fifty thousand dollars (,000) in
the case of district agricultural association fair projects, or
thirty-five thousand dollars (,000) in other cases.



10108.5.  Where the nature of the work by departments within the
Resources Agency in the opinion of the Department of General Services
is such that its services in connection therewith are not required,
it may authorize the carrying out of the project directly by the
department within the Resources Agency concerned therewith if the
estimated cost does not exceed five hundred thousand dollars
(0,000).  This limit shall be adjusted pursuant to subdivision (b)
of Section 10105.
   If the estimated total cost of any construction project or work
carried out under this section exceeds fifty thousand dollars
(,000), the  Department of Forestry and Fire Protection shall
solicit bids in writing and shall award the work to the lowest
responsible bidder or reject all bids; provided, however, that the
Director of General Services may authorize the Department of Forestry
and Fire Protection to carry out work in excess of fifty thousand
dollars (,000) under the provisions of this section by day labor
if he or she deems that the award of a contract, the acceptance of
bids, or the acceptance of further bids is not in the best interests
of the state; however, in no event shall the amount of work performed
by day labor under this section exceed the sum of one hundred
thousand dollars (0,000).  This limit shall be adjusted pursuant
to subdivision (b) of Section 10105.



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 contract shall, in his or her bid
or offer, set forth the following information:
   (1) The name and the location of the place of business of each
subcontractor certified as a minority, women, or disabled veteran
business enterprise who will perform work or labor or render service
to the prime contractor in connection with the performance of the
contract and who will be used by the prime contractor to fulfill
minority, women, and disabled veteran business enterprise
participation goals.
   (2) The portion of work that will be done by each subcontractor
under paragraph (1).  The prime contractor shall list only one
subcontractor for each portion of work as is defined by the prime
contractor in his or her bid or offer.
   (b) The Subletting and Subcontracting Fair Practices Act (Chapter
4 (commencing with Section 4100) of Part 1 shall apply to the
information required by subdivision (a) relating to subcontractors
certified as minority, women, or disabled veteran business
enterprises.
   (c) For purposes of this section, "subcontractor" and "prime
contractor" shall have the same meaning as those terms are defined in
Section 4113.
   (d) As used in this section, "contract" does not include a
contract negotiated pursuant to Chapter 10 (commencing with Section
4525) of Division 5 of Title 1 of the Government Code.



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 System (BIS) Project.  The
BIS project shall be developed to allow integration with other
relevant statewide financial and personnel systems.



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 which would be subject to Section
1602 of the Fish and Game Code shall include any conditions or
modifications established pursuant to Section 1603.



10110.  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 Recreation, the department may authorize the
carrying out of the project directly by the Department of Parks and
Recreation.
   If the estimated total cost of any construction project or work
carried out under this section exceeds twenty-five thousand dollars
(,000), the Department of Parks and Recreation shall solicit bids
in writing and shall award the work to the lowest responsible bidder
or reject all bids.  However, the director may authorize the
Department of Parks and Recreation to carry out work in excess of
twenty-five thousand dollars (,000) under the provisions of this
section by day labor if the director determines, in consultation with
the Director of Parks and Recreation, that the award of a contract,
the acceptance of bids, or the acceptance of further bids is not in
the best interests of the state.  The Department of Parks and
Recreation shall establish, by regulation, criteria to be considered
by the Department of Parks and Recreation in requesting authorization
from the director to perform all or part of a project by day labor.




10111.  Commencing January 1, 2007, the department shall make
available a report on contracting activity containing the following
information:
   (a) A listing of consulting services contracts that the state has
entered into during the previous fiscal year.  The listing shall
include the following:
   (1) The name and identification number of each contractor.
   (2) The type of bidding entered into, the number of bidders,
whether the low bidder was accepted, and if the low bidder was not
accepted, an explanation of why another contractor was selected.
   (3) The amount of the contract price.
   (4) Whether the contract was a noncompetitive bid contract, and
why the contract was a noncompetitive bid contract.
   (5) Justification for entering into each consulting services
contract.
   (6) The purpose of the contract and the potential beneficiaries.
   (7) The date when the initial contract was signed, and the date
when the work began and was completed.
   (b) The report shall also include a separate listing of consultant
contracts completed during that fiscal year, with the same
information specified in subdivision (a).
   (c) The information specified in subdivisions (a) and (b) shall
also include a list of any contracts underway during that fiscal year
on which any change was made regarding the following:
   (1) The completion date of the contract.
   (2) The amount of money to be received by the contractor, if it
exceeds 3 percent of the original contract price.
   (3) The purpose of the contract or duties of the contractor. A
brief explanation shall be given if the change in purpose is
significant.
   (d) The level of participation, by agency, of disabled veteran
business enterprises in statewide contracting and shall include
dollar values of contract award for the following categories:
   (1) Construction.
   (2) Architectural, engineering, and other professional services.
   (3) Procurement of materials, supplies, and equipment.
   (4) Information technology procurements.
   Additionally, the report shall include a statistical summary
detailing each awarding department's goal achievement and a statewide
total of those goals.
   (e) The level of participation by small business in state
contracting including:
   (1) Upon request, an up-to-date list of eligible small business
bidders by general procurement and construction contract categories,
noting company names and addresses and also noting which small
businesses also qualify as microbusinesses.
   (2) By general procurement and construction contract categories,
statistics comparing the small business and microbusiness contract
participation dollars to the total state contract participation
dollars.
   (3) By awarding department and general procurement and
construction categories, statistics comparing the small business and
microbusiness contract participation dollars to the total state
contract participation dollars.
   (4) Any recommendations for changes in statues or state policies
to improve opportunities for small businesses and microbusinesses.
   (5) A statistical summary of small businesses and microbusinesses
certified for state contracting by the number of employees at the
business for each of the following categories: 0-5, 26-50, 51-75, and
76-100.
   (6) To the extent feasible, beginning in the year 2008, the number
of contracts awarded by the department in the categories specified
in paragraph (5).
   (7) The number of contracts and dollar amounts awarded annually
pursuant to Section 14838.5 of the Government Code to small
businesses, microbusinesses, and disabled veteran business
enterprises.
   (f) The level of participation of business enterprises, by race,
ethnicity, and gender of owner, in contracts as identified in Section
2051 of the Government Code, to the extent that the information has
been voluntarily reported to the department. In addition, the report
shall contain the levels of participation of business enterprises, by
race, ethnicity, and gender of owner, for the following categories
of contracts, to the extent that the information has been voluntarily
reported to the department:
   (1) Construction.
   (2) Purchases of materials, supplies, or equipment.
   (3) Professional services.