reglab/statecodes huggingface dataset:
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 4 - Bids and Bidders › Section 10764.

10764. The trustees shall furnish to each bidder a standard proposal form, which, when filled out and executed, may be submitted as the bid. Bids not presented on forms so furnished shall be disregarded. The trustees shall not furnish proposal forms to any person who is required to submit and has not submitted a questionnaire and financial statement for prequalification at least five days prior to the date fixed for publicly opening sealed bids and been prequalified for at least one day prior to that date.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 4 - Bids and Bidders › Section 10765.

10765. (a) All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder’s security: cash, a cashier’s check, certified check, or a bidder’s bond executed by an admitted surety insurer, made payable to the trustees. The security shall be in an amount equal to at least 10 percent of the amount bid. A bid shall not be considered unless one of the forms of bidder’s security is enclosed with it.
(b) A bid described in subdivision (a) may be submitted electronically in accordance with Section 1601, but only if the bidder submits the bidder’s security required by subdivision (a) within 24 hours after the opening of bids.
(Amended by Stats. 2007, Ch. 427, Sec. 2. Effective January 1, 2008.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 4 - Bids and Bidders › Section 10766.

10766. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid shall not be received after that time.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 4 - Bids and Bidders › Section 10767.

10767. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the trustees. The request shall be executed by the bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid.
This section does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 5 - Award of Contracts › Section 10780.

10780. On the day named in the public notice the trustees shall publicly open the sealed bids and award the contracts to the lowest responsible bidders.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 5 - Award of Contracts › Section 10780.5.

10780.5. The trustees may require a bid for a public works contract to include prices for items that may be added to, or deducted from, the scope of work in the contract for which the bid is being submitted. Whenever additive or deductive items are included in a bid, the bid solicitation shall specify which one of the following methods will be used to determine the lowest bid. In the absence of such a specification, only the method provided by subdivision (a) will be used:
(a) The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items.
(b) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price.
(c) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that, when taken in order from a specifically identified list of those items in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the trustees before the first bid is opened.
(d) The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders or proposed subcontractors or suppliers from being revealed to the public entity before the ranking of all bidders from lowest to highest has been determined.
A responsible bidder who submitted the lowest bid as determined by this section shall be awarded the contract, if it is awarded. This section does not preclude the trustees from adding to or deducting from the contract any of the additive or deductive items after the lowest responsible bidder has been determined.
(e) Nothing in this section shall preclude the prequalification of subcontractors.
(Amended by Stats. 2002, Ch. 455, Sec. 2. Effective January 1, 2003.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 5 - Award of Contracts › Section 10781.

10781. If the successful bidder fails to execute the contract, the bidder’s security shall be forfeited to the state. The cash or proceeds shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimates of cost, and publication of notice are paid.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 5 - Award of Contracts › Section 10782.

10782. If the trustees deem it is for the best interest of the state, they may, on the refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder.
If the second lowest responsible bidder fails or refuses to execute the contract, the trustees may likewise award it to the third lowest responsible bidder.
On the failure or refusal of the second or third lowest bidder, to whom a contract is so awarded, to execute it, the bidder’s security shall be likewise forfeited to the state.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 5 - Award of Contracts › Section 10783.

10783. The failure of the successful bidder to furnish any bond required by law, within the time fixed for execution of the contract, constitutes a failure to execute the contract.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 5 - Award of Contracts › Section 10784.

10784. The bidder’s security of the second and third lowest responsible bidders may be withheld until the contract has been finally executed. The cash, cashier’s checks, and certified checks submitted by all other unsuccessful bidders shall be returned to them within 10 days after the contract is awarded, and their bidders’ bonds shall be of no further effect.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 5 - Award of Contracts › Section 10785.

10785. If the trustees deem the acceptance of the lowest responsible bid or bids is not for the best interests of the state, they may reject all bids and proceed by day’s labor or advertise for other bids in the manner required by this chapter.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7 - Contract Requirements › Section 10820.

10820. Every contract awarded under this chapter shall be submitted to the Attorney General or the attorney appointed according to law and authorized to represent the trustees. Such a contract is not binding on the state until the appropriate attorney finds it to be in accordance with the requirements of this chapter, and endorses such finding thereon.
A certified copy of each contract shall be filed with the Controller, but the failure to so file does not invalidate it.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7 - Contract Requirements › Section 10821.

10821. Every contract shall provide for the filing of separate performance and payment bonds by the contractor executed by an admitted surety insurer, subject to the approval of the trustees.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7 - Contract Requirements › Section 10822.

10822. Each bond shall be in a sum equal to at least one-half of the contract price, except as otherwise provided in Section 9554 of the Civil Code.
(Amended by Stats. 2010, Ch. 697, Sec. 46. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7 - Contract Requirements › Section 10823.

10823. The payment bond shall secure the payment of the claims of laborers, mechanics, or materialmen employed on the work under the contract and shall contain all other provisions required by law.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7 - Contract Requirements › Section 10824.

10824. The performance bond shall guarantee the faithful performance of the contract by the contractor.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7 - Contract Requirements › Section 10825.

10825. No payment shall be made upon the contract to the contractor or any assignee of the contractor until an order by the trustees that a sufficient surety be substituted on the bond, or that a new, additional, or supplemental bond be given, is satisfied.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7 - Contract Requirements › Section 10826.

10826. Every contract shall contain a provision in regard to the time when the whole or any specified portion of the work contemplated shall be completed, and shall provide that for each day completion is delayed beyond the specified time, the contractor shall forfeit and pay to the state a specified sum of money, to be deducted from any payments due or to become due to the contractor. The sum so specified is valid as liquidated damages unless manifestly unreasonable under the circumstances existing at the time the contract was made. A contract for a road project may also provide for the payment of extra compensation to the contractor, as a bonus for completion prior to the specified time, such provision, if used, to be included in the specifications and to clearly set forth the basis for such payment.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7 - Contract Requirements › Section 10827.

10827. Every contract shall provide that the trustees may make changes in the plans and specifications pursuant to this chapter.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7 - Contract Requirements › Section 10828.

10828. Notwithstanding any other law, commencing January 1, 2024, the California State University shall not approve a health benefit plan contract for employees that does not comply with the contraceptive coverage requirements of Sections 1367.25 and 1367.255 of the Health and Safety Code, and Sections 10123.1945 and 10123.196 of the Insurance Code.
(Added by Stats. 2022, Ch. 630, Sec. 20. (SB 523) Effective January 1, 2023.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7.8 - Conflict of Interest › Section 10830.

10830. (a) No person, firm, or subsidiary thereof who has been awarded a consulting services contract may submit a bid or be awarded a contract on or after July 1, 2003, for the provision of services, the procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract.
(b) This section does not apply to any person, firm, or subsidiary thereof who is awarded a subcontract of a consulting services contract that amounts to no more than 10 percent of the total monetary value of the consulting services contract.
(c) This section does not apply to consulting services contracts subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.
(Added by Stats. 2003, Ch. 699, Sec. 6. Effective January 1, 2004.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7.8 - Conflict of Interest › Section 10831.

10831. No officer or employee of the California State University shall engage in any employment, activity, or enterprise for which the officer or employee receives compensation or in which the officer or employee has a financial interest if that employment, activity, or enterprise is sponsored or funded, or sponsored and funded, by any California State University department through or by a California State University contract unless the employment, activity, or enterprise is within the course and scope of the officer’s or employee’s regular California State University employment. No officer or employee in the California State University shall contract on his or her own individual behalf as an independent contractor with any California State University department to provide services or goods. This section shall not apply to officers or employees of the California State University with teaching or research responsibilities.
(Added by Stats. 2003, Ch. 699, Sec. 6. Effective January 1, 2004.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7.8 - Conflict of Interest › Section 10832.

10832. (a) No retired, dismissed, separated, or formerly employed person of the California State University employed with the California State University or otherwise appointed to serve in the California State University may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by any California State University department. The prohibition of this subdivision shall apply to a person only during the two-year period beginning on the date the person left California State University employment.
(b) For a period of 12 months following the date of his or her retirement, dismissal, or separation from the California State University, no person employed in the California State University or otherwise appointed to serve in the California State University may enter into a contract with any California State University department, if he or she was employed by that department in a policymaking position in the same general subject area as the proposed contract within the 12-month period prior to his or her retirement, dismissal, or separation. The prohibition of this subdivision shall not apply to a contract requiring the person’s services as an expert witness in a civil case or to a contract for the continuation of an attorney’s services on a matter he or she was involved with prior to leaving the California State University.
(c) This section does not prohibit the rehire or reappointment of California State University employees after retirement, consistent with California State University administrative policies, nor does it apply to inventors and authors of intellectual property licensed under technology transfer agreements.
(Added by Stats. 2003, Ch. 699, Sec. 6. Effective January 1, 2004.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 7.8 - Conflict of Interest › Section 10833.

10833. (a) Except as otherwise provided in subdivision (b), each contractor who enters into a contract with a California State University campus for ten thousand dollars ($10,000) or more shall be assigned an identification number by the president of that California State University campus. Each contractor who has been assigned a number shall list it on each contract the contractor enters into with the California State University campus, regardless of the amount of the contract. In the case of a corporation or firm, the president’s assigned number shall be used exclusively on each contract with that president’s campus. The assigned number shall remain unchanged regardless of future name changes.
(b) If the identification numbers cannot be tracked centrally by the Trustees of the California State University, then the trustees, and not the presidents, shall assign the identification numbers.
(Added by Stats. 2003, Ch. 699, Sec. 6. Effective January 1, 2004.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10840.

10840. The trustees may increase or decrease quantities of work to be done under a unit basis contract during the progress of the work.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10841.

10841. The trustees may cause the insertion of provisions in any contract for the performance of such extra work and the furnishing of materials therefor by the contractor as the trustees require 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.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10842.

10842. The trustees may grant such extensions of time for completion as they deem for the best interests of the state.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10843.

10843. If the trustees deem that a contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified by the contract, the trustees 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 the trustees consider that the failure is sufficient ground for such action, they 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.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10844.

10844. If the defaults are not remedied within the time specified in the notice, the contractor’s control shall terminate as of the expiration of that time.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10845.

10845. Upon such termination, the trustees may take possession of and use all or any part of the contractor’s materials, tools, equipment, and appliances upon the premises to complete the contract. Thereupon, the trustees may permit the surety to complete or cause the contract work to be completed, or they 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.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10846.

10846. Such informal contracts may be awarded only after a proposal form has been prepared, a copy is served upon the contractor whose control has been terminated, and upon his or her surety, and three days allowed thereafter so that he or she may cause others to bid. Any person who is prequalified therefor under Article 4 (commencing with Section 10760) of this chapter may bid on informal contracts.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10847.

10847. The provisions of this chapter, except as to prequalifications, are not applicable to the award of informal contracts.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10848.

10848. If the control of a contractor is terminated or he or she abandons the work, and the work is performed by day’s labor or informal contract as provided in Section 10845, he or she 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 or her surety are liable to the state for the excess. If the surety completes the contract work, as provided in Section 10845, 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.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10849.

10849. On the completion of the contract, the original contractor is entitled to the return of all his or her unused materials, and his or her equipment, tools, and appliances, except that he or she shall have no claim on account of usual and ordinary depreciation, loss, and wear and tear.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10850.

10850. The notices required by this article may be served on the contractor or on his or her agent having charge of the work, personally, or by registered mail addressed to the contractor or his or her agent, or, if neither can be located or their addresses are unknown, by posting in a conspicuous place upon the premises of the project.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10851.

10851. Payments upon contracts shall be made as the trustees prescribe upon estimates made and approved by the trustees, but progress payments shall not be made in excess of 95 percent of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to or under the control of the state, and unused. The trustees shall withhold not less than 5 percent of the contract price until final completion and acceptance of the project. The Controller shall draw warrants upon estimates so made and approved by the trustees and the Treasurer shall pay them.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10852.

10852. At the request and expense of the contractor, and with the approval of the trustees, any amount withheld pursuant to Section 10851 may be deposited with the Treasurer as the escrow agent, who shall pay such moneys to the contractor upon the placing of securities eligible for the investment of state funds under Section 16430 of the Government Code or bank certificates of deposit into such escrow account by the contractor.
“Approval of the trustees,” as used in this section, means that the trustees may, in their discretion, allow or deny the request of the contractor to avail itself of the provisions of this section and that the trustees may, in their discretion, allow the request of the contractor upon the satisfaction of conditions which may be specified by the trustees.
The contractor shall be beneficial owner of any securities in an escrow account pursuant to this section and shall receive any interest thereon.
Any escrow agreement entered into pursuant to this section shall contain as a minimum, the following provisions:
(a) The amount of securities to be deposited; such amount shall not be less than the amount which would otherwise be withheld pursuant to Section 10851;
(b) The terms and conditions of conversion to cash in case of the default of the contractor; and
(c) The termination of the escrow upon completion of the contract.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 8 - Modifications; Performance; Payment › Section 10853.

10853. (a) If the trustees fail to make a progress payment on a contract within 39 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract, the trustees 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. If the payment is not made within 39 days of receipt of the contractor’s request, and the Controller has processed the payment within 14 days of the receipt of the request, the trustees shall pay interest to the contractor equivalent to the legal rate as provided in subdivision (a) of Section 685.010 of the Code of Civil Procedure. If the payment is not made within 39 days of receipt of the contractor’s request, and the trustees have processed the payment within 25 days after the receipt of the request, the Controller shall pay interest equivalent to the legal rate as provided in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
(b) Upon receipt of a payment request, the trustees shall act in accordance with the following:
(1) Each payment request shall be reviewed by the trustees as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
(2) Any payment request determined not to be a proper request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
(3) Upon request from the trustees, the Controller may elect to expedite each payment request and may charge the trustees an appropriate amount, as determined by the Controller, for costs incurred in expediting the payment request.
(c) The number of days available to the trustees to make a payment without incurring interest shall be reduced by the number of days by which the trustees exceed the seven-day return requirement set forth in paragraph (2) of subdivision (b).
(d) A properly submitted payment request shall be defined as the date upon which the trustees receive a payment request, certified in accordance with the contract, at the address identified in the contract.
(e) For purposes of this section:
(1) A “progress payment” includes all payments due contractors, except that portion of the final payment withheld pursuant to Section 10851.
(2) 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.
(Added by Stats. 1992, Ch. 799, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 9 - Offenses › Section 10870.

10870. Any officer or employee of the trustees who corruptly performs any official act to the injury of the state, is guilty of a felony.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 9 - Offenses › Section 10871.

10871. Any contractor or his or her agent or employee who corruptly permits the violation of any contract awarded under this chapter to the injury of the state is guilty of a felony.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 9 - Offenses › Section 10872.

10872. Any subcontractor or agent or employee of any contractor or subcontractor, who has knowledge of any work being done in violation of any contract under this chapter and does not immediately notify the trustees or the inspector or resident engineer upon the project of the violation, is guilty of a felony.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 9 - Offenses › Section 10873.

10873. Such felonies are punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(Amended by Stats. 2011, Ch. 15, Sec. 556. (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 2.5 - California State University Contract Law › ARTICLE 9 - Offenses › Section 10874.

10874. Such persons are also liable to the state for double the amount the state may have lost, or be liable to lose by reason of the acts made crimes by this article.
(Added by Stats. 1984, Ch. 1128, Sec. 4.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2.5 - California State University Contract Law › ARTICLE 9 - Offenses › Section 11005.

11005. “Spouse,” as used in this code, includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
(Added by Stats. 2016, Ch. 50, Sec. 91. (SB 1005) Effective January 1, 2017.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 3 - Acquisition of Information Technology Goods and Services › Section 12100.5.

12100.5. The Regents of the University of California, the Trustees of the California State University, and the Board of Governors of the California Community Colleges shall not be subject to this chapter except that the trustees shall develop policies and procedures maintained in its state university administrative manual and the board shall adopt policies and procedures maintained in its administrative manual that further the legislative policies for contracting expressed in this chapter but without the involvement of the Director of Finance, the Director of General Services, the Department of Finance, the Department of General Services, the Director of Technology, or the Department of Technology.
(Amended by Stats. 2013, Ch. 28, Sec. 52. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 3 - Acquisition of Information Technology Goods and Services › Section 12100.6.

12100.6. The Trustees of the California State University are subject to Article 1.5 (commencing with Section 10115) of Chapter 1. The contents of any report that the trustees are required to submit to the Governor and the Legislature pursuant to that article shall be organized so that, whenever applicable, each campus is individually featured.
(Added by Stats. 1993, Ch. 1097, Sec. 6. Effective January 1, 1994.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 3 - Acquisition of Information Technology Goods and Services › Section 12100.7.

12100.7. As used in this chapter:
(a) “Multiple award schedule” (MAS) is an agreement established between the General Services Administration of the United States and certain suppliers to do business under specific prices, terms, and conditions for specified goods, information technology, and services.
(b) “Multiple award” means a contract of indefinite quantity for one or more similar goods, information technology, or services to more than one supplier.
(c) “Procedures” means the rules, methods, and practices to be followed in conducting information technology procurements.
(d) “Policies” means determining what information technology goods or services are to be purchased and by whom.
(e) For purposes of this chapter, “value-effective acquisition” may be defined to include, but not be limited to, the following:
(1) The operational cost that the state would incur if the bid or proposal is accepted.
(2) Quality of the product or service, or its technical competency.
(3) Reliability of delivery and implementation schedules.
(4) The maximum facilitation of data exchange and systems integration.
(5) Warranties, guarantees, and return policy.
(6) Supplier financial stability.
(7) Consistency of the proposed solution with the state’s planning documents and announced strategic program direction.
(8) Quality and effectiveness of business solution and approach.
(9) Industry and program experience.
(10) Prior record of supplier performance.
(11) Supplier expertise with engagements of similar scope and complexity.
(12) Extent and quality of the proposed participation and acceptance by all user groups.
(13) Proven development methodologies and tools.
(14) Innovative use of current technologies and quality results.
(Amended by Stats. 2013, Ch. 28, Sec. 53. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 3 - Acquisition of Information Technology Goods and Services › Section 12101.

12101. It is the intent of the Legislature that policies and procedures developed by the Department of Technology and the Department of General Services in accordance with this chapter provide for the following:
(a) The expeditious and value-effective acquisition of information technology goods and services to satisfy state requirements.
(b) The acquisition of information technology goods and services within a competitive framework.
(c) The delegation of authority by the Department of General Services to each state agency that has demonstrated to the department’s satisfaction the ability to conduct value-effective information technology goods and services acquisitions.
(d) The exclusion from state bid processes, at the state’s option, of any supplier having failed to meet prior contractual requirements related to information technology goods and services.
(e) The review and resolution of protests submitted by any bidders with respect to any information technology goods and services acquisitions.
(Amended by Stats. 2013, Ch. 28, Sec. 54. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 3 - Acquisition of Information Technology Goods and Services › Section 12101.2.

12101.2. The Department of General Services shall prenegotiate the repetitively used terms and conditions in the state’s model contract with each interested vendor who bids or proposes on electronic data processing or telecommunications procurements. The contract language shall be kept on file, as a matter of public record, and shall remain operational until either the state or the vendor provides 30 days’ notice to the other party that new negotiations are deemed appropriate.
If, for a particular procurement, the state seeks to make any further changes to either the negotiated or the standard contract language, or both, it shall identify those changes to each bidder or proposer prior to the due date for the bid or proposal. If for a particular procurement, a bidder or proposer seeks to propose a negotiated change or standard contract language change, it shall make this identification within the timeframe identified in the solicitation document.
(Amended by Stats. 2013, Ch. 28, Sec. 55. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 3 - Acquisition of Information Technology Goods and Services › Section 12101.7.

12101.7. (a) Notwithstanding the sealed bidding provisions of this chapter, reverse auctions may be utilized for the acquisition of information technology, in accordance with the procedures set forth in Section 10290.3.
(b) For purposes of this section, “reverse auction” means a competitive online solicitation process for fungible information technology in which vendors compete against each other online in real time in an open and interactive environment.
(Added by Stats. 2003, Ch. 266, Sec. 2. Effective January 1, 2004.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 3 - Acquisition of Information Technology Goods and Services › Section 12102.

12102. (a) The Department of General Services shall maintain, in the State Administrative Manual, all policies and procedures governing the acquisition and disposal of information technology goods and services, including, but not limited to, the policies and procedures that the Department of Technology is authorized to establish for the acquisition of information technology projects. The Department of Technology shall provide a link to information technology policies and procedures in the State Administrative Manual on the homepage of the Internet Web site.
(b) Except as specified in Section 12102.1, acquisition of information technology goods and services shall be conducted through competitive means, except when the Director of General Services determines that (1) the goods and services proposed for acquisition are the only goods and services which can meet the state’s need, or (2) the goods and services are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare, or safety. The acquisition mode to be used and the procedure to be followed shall be approved by the Director of General Services. The Department of General Services shall maintain, in the State Administrative Manual, appropriate criteria and procedures to ensure compliance with the intent of this chapter. These criteria and procedures shall include acquisition and contracting guidelines to be followed by state agencies with respect to the acquisition of information technology goods and services. These guidelines may be in the form of standard formats or model formats.
(Amended by Stats. 2013, Ch. 28, Sec. 57. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 3 - Acquisition of Information Technology Goods and Services › Section 12102.1.

12102.1. (a) The Department of Technology shall establish in the State Administrative Manual all of the following:
(1) Policies governing the acquisition of information technology projects.
(2) Procedures governing the acquisition of information technology projects reportable under Chapter 4800 of the State Administrative Manual and not delegated under subdivision (e) of Section 12102.2.
(3) Policies and procedures governing the acquisition of telecommunications goods and services, as authorized under Section 12120.
(b) Acquisition of information technology goods and services that are subject to subdivision (a) shall be conducted through competitive means, except when the Director of Technology determines that (1) the goods and services proposed for acquisition are the only goods and services that can meet the state’s need, or (2) the goods and services are needed for an emergency and immediate acquisition and are necessary for the protection of the public health, welfare, or safety. The acquisition mode to be used and the procedure to be followed shall be approved by the Director of Technology. The Department of Technology shall establish, in the State Administrative Manual, appropriate criteria and procedures to ensure compliance with the intent of this chapter. These criteria and procedures shall include acquisition and contracting guidelines to be followed by state agencies with respect to the acquisition of information technology projects that are reportable under State Administrative Manual Section 4800 et seq. These guidelines may be in the form of standard formats or model formats.
(Added by Stats. 2013, Ch. 28, Sec. 58. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 3 - Acquisition of Information Technology Goods and Services › Section 12103.

12103. In addition to the mandatory requirements enumerated in Sections 12102, 12102.1, and 12102.2, the acquisition policies and procedures developed by the Department of Technology and the Department of General Services in accordance with this chapter may provide for the following:
(a) Price negotiation with respect to contracts entered into in accordance with this chapter.
(b) System or equipment component performance, or availability standards, including an assessment of the added cost to the state to receive contractual guarantee of a level of performance.
(c) Requirement of a bond or assessment of a cost penalty with respect to a contract or consideration of a contract offered by a supplier whose performance has been determined unsatisfactory in accordance with established procedures maintained in the State Administrative Manual as required by Section 12102.
(Amended by Stats. 2013, Ch. 28, Sec. 60. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 3 - Acquisition of Information Technology Goods and Services › Section 12103.5.

12103.5. For those information technology purchases for which the Department of General Services or the Department of Technology determines that a request for proposal (RFP) is appropriate, the controlling department, as specified under Section 12100, shall identify and document the following, with respect to information technology procurements, prior to releasing the RFP:
(a) Identify the legislative mandate, state business, or operational reason for the information technology procurement.
(b) Identify the existing business processes currently used to accomplish the legislative mandate, state business, or operational reason.
(c) Identify the most important priorities for the information technology project to accomplish.
(d) Identify what current technology is being used and how it is being used.
(e) If the data used in a proposed information technology system comes from multiple sources, identify the existing business processes or technical systems that produce and maintain the source data to ensure interoperability.
(f) Identify how the new information technology project leverages existing technology investments while accomplishing its business objectives.
(Amended by Stats. 2013, Ch. 28, Sec. 61. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)