reglab/statecodes huggingface dataset:
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 1 - Roofing Projects › Section 3000.

3000. For purposes of this article, the following terms have the following meanings:
(a) “Architect” means an architect who has a current license issued by the state.
(b) “District” means a school district with an average daily attendance greater than 2,500 or a community college district.
(c) “Engineer” means an engineer who has a current license issued by the state.
(d) “Public facility” means a public school or community college.
(e) “Roofing consultant” means a consultant who is registered by RCI (formerly Roof Consultants Institute).
(f) “Roof project” means a project for the replacement or repair of a roof of a public facility, except that “roof project” does not include a project for the repair of 25 percent or less of the roof or a repair project that has a total cost of twenty-one thousand dollars ($21,000) or less.
(g) “Substitute” or “substitution” means a material, product, thing, or service proposed by a bidder to be an adequate substitute material, product, thing, or service that is equal to an item designated in specifications, pursuant to subdivision (b) of Section 3400 and subdivision (a) of Section 10129.
(Added by Stats. 2010, Ch. 438, Sec. 1. (AB 635) Effective September 29, 2010.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 1 - Roofing Projects › Section 3002.

3002. (a) For purposes of subdivision (b) of Section 3400 and subdivision (a) of Section 10129, for any roof project, a material, product, thing, or service shall be considered equal if it meets all of the following requirements:
(1) The item is at least equal in quality, durability, design, and appearance but not necessarily of an identical color.
(2) The item will perform the intended function at least equally well.
(3) The item conforms substantially, even with deviations, to the detailed requirements contained in the specifications.
(b) A substitute may be unequal if the resulting roof system would be substantially different than other equal or better systems in terms of performance and durability, but not merely different by virtue of the inclusion of proprietary products or a proprietary warranty.
(Added by Stats. 2010, Ch. 438, Sec. 1. (AB 635) Effective September 29, 2010.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 1 - Roofing Projects › Section 3004.

3004. Specifications for any roof project shall be designed to promote competition.
(Added by Stats. 2010, Ch. 438, Sec. 1. (AB 635) Effective September 29, 2010.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 1 - Roofing Projects › Section 3008.

3008. (a) To report bid rigging involving local government agencies and employees, including, but not limited to, county, city, and school district employees and officials, an interested person may contact the Antitrust Law Section of the Office of the Attorney General, 300 S. Spring St., Ste. 1702, Los Angeles, CA 90013, (800) 952-5225, or fill out the online complaint form on the Internet Web site of the Office of the Attorney General (Consumer Complaint Against a Business/Company) at ag.ca.gov/contact/complaint_form.php?cmplt=CL.
(b) To file a complaint regarding improper bidding involving state funding, an interested person may contact the Bureau of State Audits Whistleblower Hotline for any state agency or institution, at 800-952-5665, or by mail at 555 Capitol Mall, Suite 300, Sacramento, CA 95814.
(Added by Stats. 2010, Ch. 438, Sec. 1. (AB 635) Effective September 29, 2010.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 1 - Roofing Projects › Section 3010.

3010. This article shall not apply to a school district operating in accordance with Section 20113 or a community college district operating in accordance with Section 20654.
(Added by Stats. 2010, Ch. 438, Sec. 1. (AB 635) Effective September 29, 2010.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 3 - Bidders › Section 3300.

3300. (a) Any public entity, as defined in Section 1100, the University of California, and the California State University shall specify the classification of the contractor’s license which a contractor shall possess at the time a contract is awarded. The specification shall be included in any plans prepared for a public project and in any notice inviting bids required pursuant to this code.
This requirement shall apply only with respect to contractors who contract directly with the public entity.
(b) A contractor who is not awarded a public contract because of the failure of an entity, as defined in subdivision (a), to comply with that subdivision shall not receive damages for the loss of the contract.
(Added by Stats. 1985, Ch. 1073, Sec. 2.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 4 - Preference for Materials › Section 3400.

3400. (a) The Legislature finds and declares that it is the intent of this section to encourage contractors and manufacturers to develop and implement new and ingenious materials, products, and services that function as well, in all essential respects, as materials, products, and services that are required by a contract, but at a lower cost to taxpayers.
(b) No agency of the state, nor any political subdivision, municipal corporation, or district, nor any public officer or person charged with the letting of contracts for the construction, alteration, or repair of public works, shall draft or cause to be drafted specifications for bids, in connection with the construction, alteration, or repair of public works, (1) in a manner that limits the bidding, directly or indirectly, to any one specific concern, or (2) calling for a designated material, product, thing, or service by specific brand or trade name unless the specification is followed by the words “or equal” so that bidders may furnish any equal material, product, thing, or service. In applying this section, the specifying agency shall, if aware of an equal product manufactured in this state, name that product in the specification. Specifications shall provide a period of time prior to or after, or prior to and after, the award of the contract for submission of data substantiating a request for a substitution of “an equal” item. If no time period is specified, data may be submitted any time within 35 days after the award of the contract.
(c) Subdivision (b) is not applicable if the awarding authority, or its designee, makes a finding that is described in the invitation for bids or request for proposals that a particular material, product, thing, or service is designated by specific brand or trade name for any of the following purposes:
(1) In order that a field test or experiment may be made to determine the product’s suitability for future use.
(2) In order to match other products in use on a particular public improvement either completed or in the course of completion.
(3) In order to obtain a necessary item that is only available from one source.
(4) (A) In order to respond to an emergency declared by a local agency, but only if the declaration is approved by a four-fifths vote of the governing board of the local agency issuing the invitation for bid or request for proposals.
(B) In order to respond to an emergency declared by the state, a state agency, or political subdivision of the state, but only if the facts setting forth the reasons for the finding of the emergency are contained in the public records of the authority issuing the invitation for bid or request for proposals.
(Amended by Stats. 2009, Ch. 132, Sec. 1. (AB 1086) Effective January 1, 2010.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 4 - Preference for Materials › Section 3410.

3410. Any public entity, as defined in Section 1100, including any school district or community college district, when purchasing food, shall give preference to United States-grown produce and United States-processed foods when there is a choice and it is economically feasible to do so. For purposes of this section, the determination of “economically feasible” shall be made by the purchasing public entity, considering the total cost, quantity, and quality of the food and the budget and policies of the entity.
(Added by Stats. 1987, Ch. 158, Sec. 2.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 5 - Buy Clean California Act › Section 3500.

3500. This article shall be known, and may be cited, as the Buy Clean California Act.
(Added by Stats. 2017, Ch. 816, Sec. 3. (AB 262) Effective January 1, 2018.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 5 - Buy Clean California Act › Section 3501.

3501. For purposes of this section:
(a) “Awarding authority” means any of the following:
(1) A state agency for a contract for a public works project that is subject to the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2).
(2) The Regents of the University of California for a contract for a public works project that is subject to Chapter 2.1 (commencing with Section 10500) of Part 2.
(3) The Trustees of the California State University for a contract for a public works project that is subject to the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2).
(b) “Department” means the Department of General Services.
(c) “Eligible materials” means any of the following:
(1) Carbon steel rebar.
(2) Flat glass.
(3) Mineral wool board insulation.
(4) Structural steel.
(d) “Eligible project” means a project that the awarding authority determines will require eligible materials.
(e) “Greenhouse gas emissions” has the same meaning as defined in subdivision (g) of Section 38505 of the Health and Safety Code.
(Amended by Stats. 2018, Ch. 92, Sec. 172. (SB 1289) Effective January 1, 2019.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 5 - Buy Clean California Act › Section 3503.

3503. (a) An awarding authority shall require the successful bidder for a contract described in subdivision (b) to submit a current facility-specific Environmental Product Declaration, Type III, as defined by the International Organization for Standardization (ISO) standard 14025, or similarly robust life cycle assessment methods that have uniform standards in data collection consistent with ISO standard 14025, industry acceptance, and integrity, for each eligible material proposed to be used.
(b) An awarding authority shall include in a specification for bids for an eligible project that the facility-specific global warming potential for any eligible material does not exceed the maximum acceptable global warming potential for that material determined pursuant to Section 3502. An awarding authority may include in a specification for bids for an eligible project a facility-specific global warming potential for any eligible material that is lower than the maximum acceptable global warming potential for that material determined pursuant to Section 3502.
(c) A successful bidder for a contract described in subdivision (b) shall not install any eligible materials on the project until that bidder submits a facility-specific Environmental Product Declaration for that material pursuant to subdivision (a).
(d) This section shall only apply to a contract entered into on or after July 1, 2022.
(e) This section shall not apply to an eligible material for a particular contract if the awarding authority determines, upon written justification published on its internet website, that requiring those eligible materials to comply would be technically infeasible, would result in a significant increase in the project cost or a significant delay in completion, or would result in only one source or manufacturer being able to provide the type of material needed by the state.
(f) This section shall not apply if the awarding authority determines that an emergency exists, as defined in Section 1102, or that any of the circumstances described in subdivisions (a) to (d), inclusive, of Section 10122 exist.
(Amended by Stats. 2021, Ch. 77, Sec. 24. (AB 137) Effective July 16, 2021.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 5 - Buy Clean California Act › Section 3504.

3504. In carrying out its duties under this article, an awarding authority shall strive to achieve a continuous reduction of emissions over time.
(Added by Stats. 2017, Ch. 816, Sec. 3. (AB 262) Effective January 1, 2018.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 3 - Formation › ARTICLE 5 - Buy Clean California Act › Section 3505.

3505. The department, by July 1, 2023, shall submit a report to the Legislature on any obstacles to the implementation of this article, and the effectiveness of this article to reduce global warming potential. The report required by this section shall be submitted in compliance with Section 9795 of the Government Code.
(Amended by Stats. 2021, Ch. 77, Sec. 25. (AB 137) Effective July 16, 2021.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4100.

4100. This chapter may be cited as the “Subletting and Subcontracting Fair Practices Act.”
(Added by Stats. 1986, Ch. 195, Sec. 42.1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4101.

4101. The Legislature finds that the practices of bid shopping and bid peddling in connection with the construction, alteration, and repair of public improvements often result in poor quality of material and workmanship to the detriment of the public, deprive the public of the full benefits of fair competition among prime contractors and subcontractors, and lead to insolvencies, loss of wages to employees, and other evils.
(Added by Stats. 1986, Ch. 195, Sec. 42.1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4103.

4103. Nothing in this chapter limits or diminishes any rights or remedies, either legal or equitable, which:
(a) An original or substituted subcontractor may have against the prime contractor, his or her successors or assigns.
(b) The state or any county, city, body politic, or public agency may have against the prime contractor, his or her successors or assigns, including the right to take over and complete the contract.
(Added by Stats. 1986, Ch. 195, Sec. 42.1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4104.

4104. Any officer, department, board, or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received for the doing of the work incident to the public work or improvement that any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth:
(a) (1) The name, the location of the place of business, the California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.
(2) An inadvertent error in listing the California contractor license number or public works contractor registration number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor’s license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor’s license number corresponds to the submitted name and location for that subcontractor.
(3) (A) Subject to subparagraph (B), any information requested by the officer, department, board, or commission concerning any subcontractor who the prime contractor is required to list under this subdivision, other than the subcontractor’s name, location of business, the California contractor license number, and the public works contractor registration number, may be submitted by the prime contractor up to 24 hours after the deadline established by the officer, department, board, or commission for receipt of bids by prime contractors.
(B) A state or local agency may implement subparagraph (A) at its option.
(b) The portion of the work that will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid.
(Amended by Stats. 2017, Ch. 28, Sec. 90. (SB 96) Effective June 27, 2017.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4104.5.

4104.5. (a) The officer, department, board, or commission taking bids for construction of any public work or improvement shall specify in the bid invitation and public notice the place the bids of the prime contractors are to be received and the time by which they shall be received. The date and time shall be extended by no less than 72 hours if the officer, department, board, or commission issues any material changes, additions, or deletions to the invitation later than 72 hours prior to the bid closing. Any bids received after the time specified in the notice or any extension due to material changes shall be returned unopened.
(b) As used in this section, the term “material change” means a change with a substantial cost impact on the total bid as determined by the awarding agency.
(c) As used in this section, the term “bid invitation” shall include any documents issued to prime contractors that contain descriptions of the work to be bid or the content, form, or manner of submission of bids by bidders.
(Amended by Stats. 2002, Ch. 204, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4105.

4105. Circumvention by a general contractor who bids as a prime contractor of the requirement under Section 4104 for him or her to list his or her subcontractors, by the device of listing another contractor who will in turn sublet portions constituting the majority of the work covered by the prime contract, shall be considered a violation of this chapter and shall subject that prime contractor to the penalties set forth in Sections 4110 and 4111.
(Added by Stats. 1986, Ch. 195, Sec. 42.1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4106.

4106. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of 1 percent of the prime contractor’s total bid, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself, and that the prime contractor shall perform that portion himself or herself.
If after award of contract, the prime contractor subcontracts, except as provided for in Sections 4107 or 4109, any such portion of the work, the prime contractor shall be subject to the penalties named in Section 4111.
(Added by Stats. 1986, Ch. 195, Sec. 42.1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4107.2.

4107.2. No subcontractor listed by a prime contractor under Section 4104 as furnishing and installing carpeting, shall voluntarily sublet his or her subcontract with respect to any portion of the labor to be performed unless he or she specified the subcontractor in his or her bid for that subcontract to the prime contractor.
(Added by Stats. 1986, Ch. 195, Sec. 42.1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4107.7.

4107.7. If a contractor who enters into a contract with a public entity for investigation, removal or remedial action, or disposal relative to the release or presence of a hazardous material or hazardous waste fails to pay a subcontractor registered as a hazardous waste hauler pursuant to Section 25163 of the Health and Safety Code within 10 days after the investigation, removal or remedial action, or disposal is completed, the subcontractor may serve a stop notice upon the public entity in accordance with Chapter 4 (commencing with Section 9350) of Title 3 of Part 6 of Division 4 of the Civil Code.
(Amended by Stats. 2010, Ch. 697, Sec. 43. (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 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4108.

4108. (a)  It shall be the responsibility of each subcontractor submitting bids to a prime contractor to be prepared to submit a faithful performance and payment bond or bonds if so requested by the prime contractor.
(b) In the event any subcontractor submitting a bid to a prime contractor does not, upon the request of the prime contractor and at the expense of the prime contractor at the established charge or premium therefor, furnish to the prime contractor a bond or bonds issued by an admitted surety wherein the prime contractor shall be named the obligee, guaranteeing prompt and faithful performance of the subcontract and the payment of all claims for labor and materials furnished or used in and about the work to be done and performed under the subcontract, the prime contractor may reject the bid and make a substitution of another subcontractor subject to Section 4107.
(c) (1) The bond or bonds may be required under this section only if the prime contractor in his or her written or published request for subbids clearly specifies the amount and requirements of the bond or bonds.
(2) If the expense of the bond or bonds required under this section is to be borne by the subcontractor, that requirement shall also be specified in the prime contractor’s written or published request for subbids.
(3) The prime contractor’s failure to specify bond requirements, in accordance with this subdivision, in the written or published request for subbids shall preclude the prime contractor from imposing bond requirements under this section.
(Amended by Stats. 1991, Ch. 754, Sec. 1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4109.

4109. Subletting or subcontracting of any portion of the work in excess of one-half of 1 percent of the prime contractor’s total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the awarding authority setting forth the facts constituting the emergency or necessity.
(Added by Stats. 1986, Ch. 195, Sec. 42.1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4110.

4110. A prime contractor violating any of the provisions of this chapter violates his or her contract and the awarding authority may exercise the option, in its own discretion, of (1) canceling his or her contract or (2) assessing the prime contractor a penalty in an amount of not more than 10 percent of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime contract is awarded. In any proceedings under this section the prime contractor shall be entitled to a public hearing and to five days’ notice of the time and place thereof.
(Added by Stats. 1986, Ch. 195, Sec. 42.1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4111.

4111. Violation of this chapter by a licensee under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code constitutes grounds for disciplinary action by the Contractors State License Board, in addition to the penalties prescribed in Section 4110.
(Added by Stats. 1986, Ch. 195, Sec. 42.1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4112.

4112. The failure on the part of a contractor to comply with any provision of this chapter does not constitute a defense to the contractor in any action brought against the contractor by a subcontractor.
(Added by Stats. 1986, Ch. 195, Sec. 42.1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4113.

4113. As used in this chapter, the word “subcontractor” shall mean a contractor, within the meaning of the provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, who contracts directly with the prime contractor.
“Prime contractor” shall mean the contractor who contracts directly with the awarding authority.
(Added by Stats. 1986, Ch. 195, Sec. 42.1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 4 - Subletting and Subcontracting › Section 4114.

4114. The county board of supervisors, when it is the awarding authority, may delegate its functions under Sections 4107 and 4110 to any officer designated by the board.
The authorized officer shall make a written recommendation to the board of supervisors. The board of supervisors may adopt the recommendation without further notice or hearing, or may set the matter for a de novo hearing before the board.
(Amended by Stats. 1989, Ch. 43, Sec. 1.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 5 - Relief of Bidders › Section 5100.

5100. (a) “Public entity” means the state, Regents of the University of California, a county, city and county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state.
(b) “Bid” means any proposal submitted to a public entity in competitive bidding for the construction, alteration, repair, or improvement of any structure, building, road or other improvement of any kind.
(Added by Stats. 1982, Ch. 435, Sec. 2.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 5 - Relief of Bidders › Section 5101.

5101. (a) A bidder shall not be relieved of the bid unless by consent of the awarding authority nor shall any change be made in the bid because of mistake, but the bidder may bring an action against the public entity in a court of competent jurisdiction in the county in which the bids were opened for the recovery of the amount forfeited, without interest or costs. If the plaintiff fails to recover judgment, the plaintiff shall pay all costs incurred by the public entity in the suit, including a reasonable attorney’s fee to be fixed by the court.
(b) If an awarding authority for the state consents to relieve a bidder of a bid because of mistake, the authority shall prepare a report in writing to document the facts establishing the existence of each element required by Section 5103. The report shall be available for inspection as a public record. In the case of the University of California or a California State University, the report shall be filed with the regents and the trustees, respectively, and shall be available as a public record.
(Amended by Stats. 1994, Ch. 726, Sec. 21. Effective September 22, 1994.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 5 - Relief of Bidders › Section 5102.

5102. The complaint shall be filed, and summons served on the director of the department or the chief of the division or other head of the public entity under which the work is to be performed or an appearance made, within 90 days after the opening of the bid; otherwise, the action shall be dismissed.
(Added by Stats. 1982, Ch. 435, Sec. 2.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 5 - Relief of Bidders › Section 5103.

5103. The bidder shall establish to the satisfaction of the court that:
(a) A mistake was made.
(b) He or she gave the public entity written notice within five working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred.
(c) The mistake made the bid materially different than he or she intended it to be.
(d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.
(Amended by Stats. 2005, Ch. 270, Sec. 2. Effective January 1, 2006.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 5 - Relief of Bidders › Section 5105.

5105. A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project on which the mistake was claimed or security forfeited.
(Added by Stats. 1982, Ch. 435, Sec. 2.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 5 - Relief of Bidders › Section 5106.

5106. If the public entity deems it is for its best interest, it may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest bidder.
If the second lowest bidder fails or refuses to execute the contract, the public entity may likewise award it to the third lowest bidder.
On the failure or refusal of the second or third lowest bidder to whom a contract is so awarded to execute it, his or her bidder’s security shall be likewise forfeited.
(Added by Stats. 1982, Ch. 435, Sec. 2.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 5 - Relief of Bidders › Section 5107.

5107. In all actions brought under the provisions of this chapter, all courts wherein such actions are or may hereafter be pending, shall give such actions preference over all other civil actions therein, in the matter of setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be quickly heard and determined.
(Added by Stats. 1982, Ch. 435, Sec. 2.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 5 - Relief of Bidders › Section 5110.

5110. (a) When a project for the construction, alteration, repair, or improvement of any structure, building, or road, or other improvement of any kind is competitively bid and any intended or actual award of the contract is challenged, the contract may be entered into pending final decision of the challenge, subject to the requirements of this section. If the contract is later determined to be invalid due to a defect or defects in the competitive bidding process caused solely by the public entity, the contractor who entered into the contract with the public entity shall be entitled to be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor prior to the date of the determination that the contract is invalid if all of the following conditions are met:
(1) The contractor proceeded with construction, alteration, repair, or improvement based upon a good faith belief that the contract was valid.
(2) The public entity has reasonably determined that the work performed is satisfactory.
(3) Contractor fraud did not occur in the obtaining or performance of the contract.
(4) The contract does not otherwise violate statutory or constitutional limitations.
(b) In no event shall payment to the contractor pursuant to this section exceed either of the following:
(1) The contractor’s costs as included in its bid plus the cost of any approved change orders.
(2) The amount of the contract less profit at the point in time the contract is determined to be invalid.
(c) Notwithstanding subdivision (a), this section shall not affect any protest and legal proceedings, whether contractual, administrative, or judicial, to challenge the award of the public works contract and enforce competitive bidding laws, nor affect any rights under Section 337.1 or 337.15 of the Code of Civil Procedure.
(Added by Stats. 2003, Ch. 678, Sec. 2. Effective January 1, 2004.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6 - Awarding of Contracts › Section 6100.

6100. (a) A state agency, as defined in Section 10335.7 that is subject to this code, shall, prior to awarding a contract for work to be performed by a contractor, as defined by Section 7026 of the Business and Professions Code, verify with the Contractors State License Board that the person seeking the contract is licensed in a classification appropriate to the work to be undertaken. Verification as required by this section need only be made once every two years with respect to the same contractor.
(b) In lieu of the verification, the state entity may require the person seeking the contract to present his or her pocket license or certificate of licensure and provide a signed statement which swears, under penalty of perjury, that the pocket license or certificate of licensure presented is his or hers, is current and valid, and is in a classification appropriate to the work to be undertaken.
(Amended by Stats. 2015, Ch. 303, Sec. 419. (AB 731) Effective January 1, 2016.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6 - Awarding of Contracts › Section 6101.

6101. (a) A state agency, as defined in Section 10335.7, that is subject to this code, shall not award a public works or purchase contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works or purchase contract, who has, in the preceding five years, been convicted of violating a state or federal law respecting the employment of undocumented immigrants.
(b) For purposes of this section, “immigrant” means a person who is not a citizen or national of the United States.
(Amended by Stats. 2021, Ch. 296, Sec. 55. (AB 1096) Effective January 1, 2022.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6 - Awarding of Contracts › Section 6102.

6102. (a) A contract that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including, but not limited to, a violation of Section 68 or 86 of the Penal Code is voidable.
(b) This section applies to contracts executed on or after January 1, 2023, including contracts negotiated prior to January 1, 2023.
(Added by Stats. 2022, Ch. 297, Sec. 1. (SB 34) Effective January 1, 2023.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6 - Awarding of Contracts › Section 6106.

6106. (a) Any state agency or department, which is subject to this code, shall follow this section in negotiating fees and executing a contract for professional consulting services of a private architectural, engineering, land surveying, environmental, or construction project management firm.
(b) After providing notification to the successful firm of its selection, the state shall provide written instructions for the negotiations which are to follow. These instructions shall provide the private consulting firm with necessary information which shall allow the negotiations to proceed in an orderly fashion. Negotiations shall begin within 14 days after the successful firm has been notified of its selection or upon receipt of the cost proposal. The contractor should be notified if additional time is necessary to begin negotiations.
(c) Upon the completion of negotiations, the state and the private firm shall proceed to execute a contract so that the contract may be completed by the state within 45 days. The contractor should be notified if additional time is necessary to complete the contract. The state and private firm shall work together to ensure the successful delivery of the requested services in a timely fashion.
(d) In the event that an impasse is reached in negotiations, the state agency or department may terminate negotiations and enter into negotiations with the next most qualified firm as prescribed in Section 4528 of the Government Code.
(Added by Stats. 1990, Ch. 1128, Sec. 2.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6 - Awarding of Contracts › Section 6109.

6109. (a) A public entity, as defined in Section 1100, may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
(b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.
(Added by Stats. 1998, Ch. 443, Sec. 3. Effective January 1, 1999.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6 - Awarding of Contracts › Section 6610.

6610. Notice inviting formal bids for projects by a public agency that include a requirement for any type of mandatory prebid conference, site visit, or meeting shall include the time, date, and location of the mandatory prebid site visit, conference or meeting, and when and where project documents, including final plans and specifications are available. Any mandatory prebid site visit, conference or meeting shall not occur within a minimum of five calendar days of the publication of the initial notice. This provision shall not apply to the Regents of the University of California.
(Added by Stats. 2000, Ch. 159, Sec. 1. Effective January 1, 2001.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6 - Awarding of Contracts › Section 6615.

6615. For all state contracts, and, to the extent feasible, all federally funded contracts awarded pursuant to Chapter 1 (commencing with Section 10100), Chapter 2 (commencing with Section 10290), Chapter 2.5 (commencing with Section 10700), Chapter 3 (commencing with Section 12100), Chapter 3.5 (commencing with Section 12120), and Chapter 3.6 (commencing with Section 12125) of Part 2 of Division 2 shall be in compliance with Section 12205.
(Added by Stats. 2005, Ch. 590, Sec. 1. Effective January 1, 2006.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6.3 - Construction Manager/General Contractor Authority: Department of Transportation › Section 6700.

6700. (a) This chapter provides for an alternative procurement procedure for certain transportation projects performed by the Department of Transportation.
(b) The Construction Manager/General Contractor method allows the department to engage a construction manager during the design process to provide input on the design. During the design phase, the construction manager provides advice including, but not limited to, scheduling, pricing, and phasing to assist the department to design a more constructible project.
(c) The Legislature finds and declares that utilizing a Construction Manager/General Contractor method requires a clear understanding of the roles and responsibilities of each participant in the process. The Legislature also finds and declares that cost-effective benefits are achieved by shifting the liability and risk for cost containment and project schedule to the construction manager and by permitting the coherent phasing of projects into discrete contract increments.
(Amended by Stats. 2018, Ch. 465, Sec. 2. (SB 1262) Effective January 1, 2019.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6.3 - Construction Manager/General Contractor Authority: Department of Transportation › Section 6702.

6702. As used in this chapter, the following terms have the following meanings:
(a) “Construction manager” means a partnership, corporation, or other legal entity that is a licensed contractor pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code and that is able to provide, or that contracts with entities that are able to provide, appropriately licensed contracting or engineering services, or both appropriately licensed contracting and engineering services, as needed pursuant to a Construction Manager/General Contractor method contract.
(b) “Construction Manager/General Contractor method” means a project delivery method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The contract for construction services may be entered into at the same time as the contract for preconstruction services, or at a later time. The execution of the design and the construction of the project may be in sequential phases or concurrent phases.
(c) “Department” means the Department of Transportation as established under Part 5 (commencing with Section 14000) of Division 3 of Title 2 of the Government Code.
(d) “Preconstruction services” means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the department to design a more constructible project.
(e) “Project” means the construction of a highway, bridge, or tunnel.
(Amended by Stats. 2019, Ch. 289, Sec. 1. (AB 1475) Effective January 1, 2020.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6.3 - Construction Manager/General Contractor Authority: Department of Transportation › Section 6704.

6704. (a) Any construction manager that is selected to construct a project pursuant to this chapter shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require.
(b) Any payment or performance bond written for the purposes of this chapter shall be written using a bond form developed by the department.
(Added by Stats. 2012, Ch. 752, Sec. 1. (AB 2498) Effective January 1, 2013.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6.3 - Construction Manager/General Contractor Authority: Department of Transportation › Section 6705.

6705. All subcontractors bidding on contracts pursuant to this chapter shall be afforded the protections contained in Chapter 4 (commencing with Section 4100) of Part 1. The construction manager shall do all of the following:
(a) Provide public notice of the availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the department.
(b) Provide a fixed date and time on which the subcontracted work will be awarded in accordance with the procedure established pursuant to this chapter
(c) Comply with any subcontracting procedures adopted by the department that were included in the department’s RFQ. If the department has adopted procedures to prequalify public works contractors, the construction manager may use the procedures to prequalify subcontractors.
(Added by Stats. 2012, Ch. 752, Sec. 1. (AB 2498) Effective January 1, 2013.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6.3 - Construction Manager/General Contractor Authority: Department of Transportation › Section 6706.

6706. The department may retain the services of a design professional or construction project manager, or both, throughout the course of the project in order to ensure compliance with this chapter.
(Added by Stats. 2012, Ch. 752, Sec. 1. (AB 2498) Effective January 1, 2013.)
2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 1 - ADMINISTRATIVE PROVISIONS › CHAPTER 6.3 - Construction Manager/General Contractor Authority: Department of Transportation › Section 6707.

6707. Contracts awarded pursuant to this chapter shall be valid until the project is completed.
(Added by Stats. 2012, Ch. 752, Sec. 1. (AB 2498) Effective January 1, 2013.)