reglab/statecodes huggingface dataset:
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.1 - Resolution of Contract Claims › Section 10240.13.

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 incurred by one party shall not be shared by any other party, except that the arbitrator may allow the prevailing party to recover its costs and necessary disbursements, other than attorney’s fees, on the same basis as is allowed in civil actions. These costs shall be taxed as in civil actions.
Interest may be recovered as part of the award as in a civil action. The arbitrator has the same authority as a court in awarding interest and the commencement of the arbitration is equivalent to the filing of an action under subdivision (b) of Section 3287 of the Civil Code for the purpose of an award of interest.
If a party has made an offer of settlement and the award is less favorable than the offer, then the party who has received the offer shall not recover any interest accruing from and after the date on which the offer was made, nor costs of suit.
Reasonable attorney fees may be recovered according to any of the following:
(a) By a party who has made an offer under the circumstances set forth in the preceding sentence but only as to those fees incurred from and after the time of making the offer.
(b) Against a party when substantial evidence establishes that the party has acted frivolously or in bad faith in its demand for, or participation in, the arbitration.
(Added by Stats. 1982, Ch. 466, Sec. 90.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.2 - Public Works Contract Arbitration Committee › Section 10245.

10245. There is hereby established the Public Works Contract Arbitration Committee, which shall consist of seven members, as follows:
(a) Three public members, who shall be appointed by the Governor, each of whom shall have at least ten years’ experience with a general contracting firm engaged, during that period, in public works construction in California.
(b) The directors of the Departments of General Services, Transportation, and Water Resources shall each appoint a member, who shall be a state officer or employee within their respective departments. Each member shall serve at the pleasure of the director who appointed the member.
(c) The Director of the Office of Administrative Hearings shall be a nonvoting member of the Public Works Contract Arbitration Committee.
(Added by Stats. 1982, Ch. 466, Sec. 91.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.2 - Public Works Contract Arbitration Committee › Section 10245.1.

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 member shall serve without compensation, but shall be reimbursed for travel and other expenses necessarily incurred in the performance of the member’s duties.
(Added by Stats. 1982, Ch. 466, Sec. 91.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.2 - Public Works Contract Arbitration Committee › Section 10245.2.

10245.2. The committee may make recommendations to the departments respecting the arbitration practice and procedure provided by Article 7.1 (commencing with Section 10240). The departments shall consult and confer with the committee respecting the content of the uniform regulations governing the conduct of arbitrations under Article 7.1 (commencing with Section 10240) and shall consider the recommendations in adopting uniform regulations pursuant to Section 10240.5.
(Added by Stats. 1982, Ch. 466, Sec. 91.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.2 - Public Works Contract Arbitration Committee › Section 10245.3.

10245.3. The committee may establish standards and qualifications for the certification of arbitrators and certify as arbitrators persons meeting such standards and qualifications. The committee may remove persons from its list of certified arbitrators.
(Added by Stats. 1982, Ch. 466, Sec. 91.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 7.2 - Public Works Contract Arbitration Committee › Section 10245.4.

10245.4. The Office of Administrative Hearings shall provide administrative services, facilities, and fiscal support to implement this article and Article 7.1 (commencing with Section 10240). The cost thereof shall be recovered through filing fees imposed for each arbitration.
(Added by Stats. 1982, Ch. 466, Sec. 91.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10250.

10250. The department may increase or decrease quantities of work to be done under a unit basis contract during the progress of the work.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10251.

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 contractor as the department requires for the proper completion or construction of the whole work contemplated, if the bidders have equal opportunity of knowing the proposed terms for the extra work.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10252.

10252. The director may grant such extensions of time for completion as he deems for the best interests of the state.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10253.

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 10262, or has failed in any other respect to prosecute the work with the diligence and force specified by the contract, the director may:
(a) After written notice of at least five days to the contractor, specifying the defaults to be remedied, provide any such labor or materials and deduct the cost from any money due or to become due to the contractor under the contract; or
(b) If he considers that the failure is sufficient ground for such action, he may give written notice of at least five days to the contractor and the contractor’s sureties, that if the defaults are not remedied the contractor’s control over the work will be terminated.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10254.

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.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10255.

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 premises to complete the contract. Thereupon, he may permit the surety to complete or cause the contract work to be completed, or he may direct that all or any part of the work be completed by day’s labor or by employment of other contractors on informal contracts, or both.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10256.

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, and upon his surety, and three days allowed thereafter so that he may cause others to bid. Any person who is prequalified therefor under Article 4 may bid on informal contracts.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10257.

10257. The provisions of this part, except as to prequalification, are not applicable to the award of informal contracts.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10258.

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 10255, he is not entitled to receive any portion of the amount to be paid under the contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the state in finishing the work, plus all damages sustained or to be sustained by the state, the excess not otherwise required by law to be retained shall be paid to the contractor, but if such sum exceeds the unpaid balance, the contractor and his surety are liable to the state for the excess. If the surety completes the contract work, as provided in Section 10255, such surety shall be subrogated to money due under the contract and to money which shall become due in the course of completion by the surety, to the extent provided by law.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10259.

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, except that he shall have no claim on account of usual and ordinary depreciation, loss, and wear and tear.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10260.

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 the contractor or his agent, or, if neither can be located or their addresses are unknown, by posting in a conspicuous place upon the premises of the project.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10261.5.

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 for an undisputed payment request, which was properly submitted by the contractor to the agency, shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Any state agency which independently calculates the amount due on a progress payment and which fails to make a progress payment within 30 days of the first submittal of the estimate for each contract by the engineer, shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. In the event that the payment is not made within 30 days of receipt of the contractor’s request or the first submittal by the engineer, and the Controller has processed the payment within 14 days of receipt of the request or submittal, the contracting state agency shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. In the event that the payment is not made within 30 days of receipt of the contractor’s request or the first submittal by the engineer, and the contracting state agency has processed the payment within 16 days after receipt of the request or submittal, the Controller shall pay interest as provided in Section 685.010 of the Code of Civil Procedure.
For purposes of this section, a payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the Controller.
(b) Upon receipt of a payment request, each agency shall require:
(1) That each payment request be reviewed as soon as practicable after receipt for the purpose of determining that a payment request is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned as soon as practicable, but not later than seven days, after receipt, specifying the reasons that the payment request is not a proper payment request.
(3) The number of days available to a state agency to make a timely payment of payment request without incurring interest shall be reduced by the number of days by which an agency exceeds the requirements of paragraph (2).
(Added by Stats. 1990, Ch. 1253, Sec. 1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10261.7.

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 following:
(1) The project for which the payment was made.
(2) The name of the construction contractor or company paid.
(3) The date the payment was made or the date the state agency transmitted instructions to the Controller or other payer to make the payment.
(4) The payment application number or other identifying information.
(5) The amount of the payment.
(b) This section shall not apply to a construction contract valued below twenty-five thousand dollars ($25,000).
(c) This section shall not apply to progress payments published under Section 10262.3.
(Added by Stats. 2017, Ch. 585, Sec. 1. (AB 1223) Effective January 1, 2018.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10262.

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 account of the work performed by his or her subcontractors, to the extent of each subcontractor’s interest therein. The payments to subcontractors shall be based on estimates made pursuant to Section 10261. Any diversion by the contractor of payments received for prosecution of a contract, or failure to reasonably account for the application or use of the payments constitutes ground for actions prescribed in Section 10253, in addition to disciplinary action by the Contractors’ State License Board. The subcontractor shall notify, in writing, the Contractors’ State License Board and the department of any payment less than the amount or percentage approved for the class or item of work as set forth in Section 10261.
(Amended by Stats. 2011, Ch. 700, Sec. 8. (SB 293) Effective January 1, 2012.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10262.3.

10262.3. To facilitate enforcement of Section 10262, the Department of General Services shall publish in the California State Contracts Register notice of progress payments made to prime contractors.
(Added by Stats. 1991, Ch. 374, Sec. 1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10262.5.

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 payment, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, then the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount.
Any contractor who violates this section shall pay to the subcontractor a penalty of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs.
(b) This section shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to a contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by a contractor or deficient subcontract performance or nonperformance by a subcontractor.
(c) On or before September 1 of each year, the head of each state agency shall submit to the Legislature a report on the number and dollar volume of written complaints received from subcontractors and prime contractors on contracts in excess of three hundred thousand dollars ($300,000), relating to violations of this section.
(Amended by Stats. 2011, Ch. 700, Sec. 9. (SB 293) Effective January 1, 2012.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 8 - Modifications; Performance; Payment › Section 10265.

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 be commenced within the time period specified in Section 10240.1. The department may compromise or otherwise settle any claims arising from the contract at any time.
(Amended by Stats. 2002, Ch. 438, Sec. 7. Effective January 1, 2003.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 9 - Offenses › Section 10280.

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.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 9 - Offenses › Section 10281.

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 felony.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 9 - Offenses › Section 10282.

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 part and does not immediately notify the department or the inspector or resident engineer upon the project of the violation, is guilty of a felony.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 9 - Offenses › Section 10283.

10283. Such felonies are punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(Amended by Stats. 2011, Ch. 15, Sec. 555. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 9 - Offenses › Section 10284.

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.
(Enacted by Stats. 1981, Ch. 306.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 10 - Ineligibility to Contract › Section 10285.

10285. The term “person,” as used in this article, means any individual, partnership, joint venture, or association or any other organization or any combination thereof.
(Added by Stats. 1985, Ch. 376, Sec. 1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 10 - Ineligibility to Contract › Section 10285.1.

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 services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including, for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three years.
(Added by Stats. 1985, Ch. 376, Sec. 1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 10 - Ineligibility to Contract › Section 10285.2.

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 duration of any suspension, the state agency shall consider, in addition to any other relevant factors, both of the following:
(a) The degree to which the person cooperated with the state or federal authorities in the criminal proceeding.
(b) The degree to which the person has agreed to restitution for any damages incurred by the public entity as a result of the acts upon which the conviction was based.
(Added by Stats. 1985, Ch. 376, Sec. 1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 10 - Ineligibility to Contract › Section 10285.3.

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 notice or hearing.
(Added by Stats. 1985, Ch. 376, Sec. 1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 10 - Ineligibility to Contract › Section 10285.4.

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 in the best interest of the agency. In the event of termination, any suspension by adoption pursuant to Section 10285.3 also shall be terminated.
(Added by Stats. 1985, Ch. 376, Sec. 1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1 - State Contract Act › ARTICLE 10 - Ineligibility to Contract › Section 10285.5.

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 project funded in whole or part by federal funds, if the person has been suspended or debarred by the federal agency providing the funds.
(Added by Stats. 1985, Ch. 376, Sec. 1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 1.5 - California Taxpayer and Shareholder Protection Act of 2003 › Section 10286.

10286. This chapter shall be known and may be cited as the California Taxpayer and Shareholder Protection Act of 2003.
(Added by Stats. 2003, Ch. 657, Sec. 2. Effective January 1, 2004.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 1 - Definitions › Section 10290.

10290. As used in this chapter:
(a) “Department” means the Department of General Services.
(b) “Director” means the Director of General Services.
(c) “Centralized purchasing” means the purchase for state agencies of materials, supplies, and equipment by the Office of Procurement.
(d) “Goods” means all types of tangible personal property, including materials, supplies, and equipment.
(e) “Office” means the Office of Procurement in the Department of General Services.
(f) “Price schedule” means an agreement between the Office of Procurement and a supplier under which the supplier agrees to accept orders from the office or a state agency for specified goods at set prices for a specified period of time but which does not obligate the office or state agencies to contract for the specified goods from the supplier.
(g) “Regional contract” means a contract of the same type as a statewide contract but applicable only to specified contracting in a particular area or region of the state.
(h) “Statewide contract” means a contract awarded by the Office of Procurement to one or more suppliers for the acquisition of specified goods for a period of time, at a price, and in an amount set forth in the contract.
(i) “Multiple award” means a contract of indefinite quantity for one or more similar goods, information technology, or services to more than one supplier.
(j) “Multiple award schedule” (MAS) is an agreement established between the General Services Administration of the United States and certain suppliers to do business under specific prices, terms, and conditions for specified goods, information technology, or services.
(Amended by Stats. 2000, Ch. 918, Sec. 1. Effective January 1, 2001.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 1 - Definitions › Section 10290.1.

10290.1. (a) Notwithstanding any other provision of law, in exercising their delegation of contracting authority from the department, state agencies may contract for goods, information technology, or services with suppliers who have multiple award schedules with the General Services Administration of the United States if the supplier is willing to extend those terms, conditions, and prices. The department may also develop multiple award schedules or agreements for use by state agencies in the same manner.
(b) The department shall determine the delegation contracting authority for agencies wishing to contract with suppliers who have multiple award schedules. The department shall seek input from both customer departments and agencies and private sector suppliers.
(Amended by Stats. 2000, Ch. 918, Sec. 2. Effective January 1, 2001.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 1 - Definitions › Section 10290.3.

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 process shall include a specification of an opening date and time when real-time electronic bids may be accepted, and provide that the procedure shall remain open until the designated closing date and time.
(b) All bids on reverse auctions shall be posted electronically on the Internet, updated on a real-time basis, and shall allow registered bidders to lower the price of their bid below the lowest bid posted on the Internet.
(c) The Department of General Services shall require vendors to register before the reverse auction opening date and time, and as part of the registration, agree to any terms and conditions and other requirements of the solicitation. The Department of General Services may require vendors to be prequalified prior to placing bids in a reverse auction.
(d) For purposes of this section, “reverse auction” means a competitive online solicitation process for fungible goods or services in which vendors compete against each other online in real time in an open and interactive environment.
(e) The reverse auction process may not be used for bidding on any construction contract that is subject to Chapter 1 (commencing with Section 10100).
(Added by Stats. 2003, Ch. 266, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 2 - Approval of Contracts › Section 10295.

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 involve the furnishing or use of goods or are performed by an independent contractor, (3) the construction, alteration, improvement, repair, or maintenance of property, real or personal, or (4) the performance of work or services by the state agency for or in cooperation with any person, or public body, are void unless and until approved by the department. Every contract shall be transmitted with all papers, estimates, and recommendations concerning it to the department and, if approved by the department, shall be effective from the date of the approval.
(b) This section applies to any state agency that by general or specific statute is expressly or impliedly authorized to enter into transactions referred to in this section.
(c) This section does not apply to the following:
(1) Any transaction entered into by the Trustees of the California State University, by the Board of Governors of the California Community Colleges, or by a department under the State Contract Act or the California State University Contract Law.
(2) Any contract of a type specifically mentioned and authorized to be entered into by the Department of Transportation under Section 14035 or 14035.5 of the Government Code, Sections 99316 to 99319, inclusive, of the Public Utilities Code, or the Streets and Highways Code.
(3) Any contract entered into by the Department of Transportation that is not funded by money derived by state tax sources but, rather, is funded by money derived from federal or local tax sources.
(4) Any contract entered into by the Department of Human Resources for state employee benefits, occupational health and safety, training services, or combination thereof.
(5) Any contract let by the Legislature.
(6) Any contract entered into under the authority of Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code.
(Amended by Stats. 2012, Ch. 665, Sec. 184. (SB 1308) Effective January 1, 2013.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 2 - Approval of Contracts › Section 10295.2.

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 vehicles that would result in the expenditure of funds unless a certification is received in writing and signed by the secretary or director of an agency or a department, respectively, or his or her designee, that has requested the acquisition of the new vehicles, verifying that the purchase is vital and mission critical for the agency or department.
(b) The certification shall include the date, title, and the signature of the person authorizing the purchase.
(Amended by Stats. 2011, Ch. 296, Sec. 250. (AB 1023) Effective January 1, 2012.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 2 - Approval of Contracts › Section 10295.4.

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 appears on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. Any contract entered into in violation of this subdivision is void and unenforceable.
(b) This section shall apply to any contract executed on or after July 1, 2012.
(Added by Stats. 2011, Ch. 455, Sec. 5. (AB 1424) Effective January 1, 2012.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 2 - Approval of Contracts › Section 10295.5.

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 operation subject to the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2 of the Public Resources Code), unless the operation is identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code.
(b) Notwithstanding any other law, a state agency shall not contract with a person who is not a surface mining operator, but who is supplying or utilizing sand, gravel, aggregates, or other minerals, to perform work for, or supply materials to, a state agency, unless the operation is identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code.
(c) For purposes of this section, “minerals” means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.
(d) The requirements of this section shall apply to mining operations on federal lands or Indian lands that are subject to the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2 of the Public Resources Code) pursuant to a memorandum of understanding between the Department of Conservation and the federal agency having jurisdiction over the lands.
(Amended by Stats. 2013, Ch. 417, Sec. 1. (SB 447) Effective January 1, 2014.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 2 - Approval of Contracts › Section 10295.6.

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 Division 6, Chapter 8 (commencing with Section 12930) of Part 6 of Division 6, Division 29 (commencing with Section 80700), or Division 29.5 (commencing with Section 80800), of the Water Code for the acquisition, sale, or transmission of power, or for services to facilitate those activities.
(Amended by Stats. 2023, Ch. 367, Sec. 1. (AB 1373) Effective October 7, 2023.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 2 - Approval of Contracts › Section 10295.8.

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 more, entered into on or after January 1, 2023, the state agency, on or before the contract end date, shall submit to the Joint Legislative Budget Committee information regarding the terms and conditions of a proposed extension or renewal of the contract.
(Added by Stats. 2022, Ch. 543, Sec. 1. (SB 1271) Effective January 1, 2023.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 2 - Approval of Contracts › Section 10296.

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, shall contain a statement by which the contractor swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a federal court has been issued against the contractor within the immediately preceding two-year period because of the contractor’s failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding that has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding. The state may rescind any contract in which the contractor falsely swears to the truth of the statement required by this section.
(b) (1) This section does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less.
(2) The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases.
(Amended by Stats. 2011, Ch. 587, Sec. 2. (SB 224) Effective January 1, 2012.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 2 - Approval of Contracts › Section 10297.

10297. The provisions of Section 10295 shall apply both to contracts awarded through competitive bidding and those not subject to competitive bidding. The department shall deny its approval of a contract awarded through competitive bidding if it finds that the contract does not meet the specifications or other conditions of the bidding process, or if any applicable statutes or regulations regarding competitive bidding have been violated. With regard to any contract not awarded through competitive bidding, the department shall ascertain whether the contract is subject to competitive bidding requirements, and if it finds that is the case, the department shall deny its approval.
In making its determination on any contract, the department shall consider all other relevant factors, such as clarity of language and legality, and shall utilize its legal staff as necessary to facilitate the approval process.
(Added by Stats. 1983, Ch. 1231, Sec. 4. Effective September 30, 1983.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 2 - Approval of Contracts › Section 10298.

10298. (a) The director may consolidate the needs of multiple state agencies for goods, information technology, and services, and, pursuant to the procedures established in Chapter 3 (commencing with Section 12100), establish contracts, master agreements, multiple award schedules, cooperative agreements, including agreements with entities outside the state, and other types of agreements that leverage the state’s buying power, for acquisitions authorized under Chapter 2 (commencing with Section 10290), Chapter 3 (commencing with Section 12100), and Chapter 3.6 (commencing with Section 12125). State and local agencies may contract with suppliers awarded those contracts without further competitive bidding.
(b) The director may make the services of the department available, upon the terms and conditions agreed to, to any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology, or services for assisting the agency in acquisitions conducted pursuant to Chapter 2 (commencing with Section 10290), Chapter 3 (commencing with Section 12100), and Chapter 3.6 (commencing with Section 12125). The state shall not incur financial responsibility in connection with contracting for local agencies under this section.
(Repealed and added by Stats. 2000, Ch. 918, Sec. 4. Effective January 1, 2001.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 2 - Approval of Contracts › Section 10298.1.

10298.1. (a) The Department of General Services shall periodically review policies and procedures in the State Contracting Manual, and training provided to state personnel as it relates to reasonable accommodation purchases for state employees, pursuant to Section 19230 of the Government Code.
(b) On January 1, 2019, and biennially thereafter, the department, in consultation with the Department of Human Resources and the Department of Rehabilitation, shall post on its Internet Web site a report regarding the purchases of services, goods, information technology, and telecommunications related to reasonable accommodations for state employees, pursuant to Section 19230 of the Government Code. The report shall include, but not be limited to, the following:
(1) A review of policies and procedures in the State Contracting Manual and personnel training relating to acquisitions.
(2) Available data on the number and types of acquisitions made by state entities.
(3) Any recommendations to improve the acquisition process.
(Added by Stats. 2018, Ch. 405, Sec. 8. (SB 846) Effective September 14, 2018.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 2 - Approval of Contracts › Section 10299.

10299. (a) Notwithstanding any other provision of law, the director may consolidate the needs of multiple state agencies for information technology goods and services, and, pursuant to the procedures established in Chapter 3 (commencing with Section 12100), establish contracts, master agreements, multiple award schedules, cooperative agreements, including agreements with entities outside the state, and other types of agreements that leverage the state’s buying power, for acquisitions authorized under Chapter 2 (commencing with Section 10290), Chapter 3 (commencing with Section 12100), and Chapter 3.6 (commencing with Section 12125). State agencies and local agencies may contract with suppliers awarded the contracts without further competitive bidding.
(b) The director may make the services of the department available, upon the terms and conditions agreed upon, to any school district empowered to expend public funds. These school districts may, without further competitive bidding, utilize contracts, master agreements, multiple award schedules, cooperative agreements, or other types of agreements established by the department for use by school districts for the acquisition of information technology, goods, and services. The state shall incur no financial responsibility in connection with the contracting of local agencies under this section.
(Added by Stats. 2000, Ch. 127, Sec. 30. Effective July 10, 2000.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 3 - Competitive Bidding and Other Acquisition Procedures › Section 10300.

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 regarding the state process, procedures, and regulations for bidding on state contracts, and as a resource to bidders seeking to file a protest on award in accordance with this chapter. The advocate shall, at a minimum, provide the following services to the protesting bidder:
(1) Assistance to customer departments and agencies regarding contracting rules and regulations, and acquisition resource options.
(2) Assistance to the bidder in assessing the validity of the bidder’s proposed grounds of filing the protest in accordance with the terms of the solicitation, as well as statutory or regulatory guidelines governing the solicitation in question.
(3) Provision of information to the protesting bidder regarding avenues and options available to the bidder to proceed with a formal protest of the award.
(b) The advocate shall make services, as specified in this section, available on a timely basis to the protesting bidder.
(c) Notification to bidders regarding the availability of services by the advocate shall be included in the solicitation. This notification shall also outline procedures and timelines for bidders who may wish to engage the services of the advocate.
(Amended by Stats. 2000, Ch. 776, Sec. 10. Effective September 27, 2000.)