2010 California Code
Public Contract Code
Article 1. Scope Of Chapter And General Provisions

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 chapter, 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 chapter 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
San Francisco Port Commission are not subject to this chapter.



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, 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
Secretary of the Department of Corrections and Rehabilitation or by
the Prison Industry Authority is not subject to this chapter,
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 ($50,000)
unless it is first approved by the State Public Works Board.



10104.  As used in this chapter, "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 chapter, "project" includes the
erection, construction, alteration, repair, or improvement of any
state structure, building, road, or other state improvement of any
kind that will exceed a total cost calculated pursuant to subdivision
(b).
   (b) The total cost limit for calendar year 2010 shall be two
hundred fifty thousand dollars ($250,000), 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 ($1,000) figure.



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 that department.
   (2) The Department of Transportation as to any project under the
jurisdiction of that department.
   (3) 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.
   (4) The Department of Corrections and Rehabilitation 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.
   (5) The Military Department as to any project under the
jurisdiction of that department.
   (6) The Department of General Services as to all other projects.
   (b) "Director" means the director of each department as defined
herein respectively.



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 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 and
Rehabilitation pursuant to Chapter 11 (commencing with Section 7000)
of Title 7 of Part 3 of the Penal Code, the Department of
Transportation, or the Military Department, the project shall be
under the sole charge and direct control of the Department of General
Services.



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 six hundred thousand dollars ($600,000), except that the
six hundred thousand dollar ($600,000) limitation shall not apply to
a project of a district agricultural association or a project of the
State Lands Commission. Any capital outlay project with a total value
that does not exceed six hundred thousand dollars ($600,000) may be
budgeted as a minor capital outlay project. 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 twenty-five thousand dollars
($25,000), 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 ($25,000)
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 ($50,000) in
the case of district agricultural association fair projects, or
thirty-five thousand dollars ($35,000) in other cases.



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 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 ($500,000). This limit shall be
adjusted pursuant to subdivision (b) of Section 10105.
    (b) If the estimated total cost of any construction project or
work carried out under this section exceeds fifty thousand dollars
($50,000), 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. However, the Director of
General Services may authorize the Department of Forestry and Fire
Protection to carry out work in excess of fifty thousand dollars
($50,000) under 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 ($100,000).
This limit shall be adjusted pursuant to subdivision (b) of Section
10105.
   (c) Notwithstanding the cost limitation of subdivision (a), the
State Coastal Conservancy may, if authorized by the Department of
General Services as described in subdivision (a), directly carry out
a public works project involving habitat or wetlands restoration and
related pedestrian or cycling access improvements, not including
buildings or other nonaccess related structures on the following
state-owned lands: Bel Marin Keys Unit V in Marin County, Eden
Landing Ecological Reserve (a part of the South Bay Salt Pond
Restoration Project) in Alameda County, Bair Island Ecological
Reserve in San Mateo County, Napa Sonoma Marshes State Wildlife Area
in Napa, Solano, and Sonoma Counties, Ballona Wetlands Ecological
Reserve in Los Angeles County, Buena Vista Lagoon Ecological Reserve
in San Diego County, Los Peñasquitos Marsh in Torrey Pines State
Natural Reserve in San Diego County, and Tijuana Estuary State Park
in San Diego County. In carrying out a public works project pursuant
to this subdivision, the State Coastal Conservancy shall comply with
the provisions of, and regulations adopted pursuant to, this chapter.



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
($25,000), 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 ($25,000) 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.
   (g) In the years 2011 and 2012, any errors reported to the
department by an awarding agency as required by Sections 10302,
10344, and 12104.5, in the previous fiscal year.



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 contractor plan room.