Title PCC — California Pub. Cont. Code

(a) The department’s policies and procedures regarding the disposition of state surplus computers, laptops, monitors, and related computer equipment shall do all of the following: (1) Facilitate the disposition of state surplus computers to further the state policy of bridging th…

The following definitions govern the construction of this article: (a) “Department” means the State Department of Health Services. (b) “Industrial oil” means any compressor, turbine, or bearing oil, hydraulic oil, metal-working oil, or refrigeration oil. (c) “Lubricating oil” mea…

Every procuring agency shall continuously review and revise its procedures and specifications for the purchase of lubricating oil and industrial oil to eliminate any exclusion of recycled oils and any requirement that oils be manufactured from virgin materials. This section does …

Every procuring agency shall require that purchases of lubricating oil and industrial oil be made from the seller whose oil product contains the greater percentage of recycled oil, unless the procuring agency certifies that a specific oil product containing recycled oil is any of…

(a) Every procuring agency shall establish and maintain an affirmative program for procuring oils containing the maximum content of recycled oil. (b) An affirmative program shall include, but not be limited to, all of the following: (1) The placement of descriptions of the prefer…

Every local agency, as defined in Section 17518 of the Government Code, shall purchase lubricating oil and industrial oil from the seller whose oil product contains the greater percentage of recycled oil, if the availability, fitness, quality, and price of the recycled oil produc…

No officer or employee in the state civil service or other appointed state official shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or in which the officer or employee has a financial interest and which is sponsored…

(a) No retired, dismissed, separated, or formerly employed person of any state agency or department employed under the state civil service or otherwise appointed to serve in state government may enter into a contract in which he or she engaged in any of the negotiations, transact…

Each contractor who enters into a state contract with the state for ten thousand dollars ($10,000) or more, shall be assigned an identification number by the department. Each contractor who has been assigned a number, shall list it on each contract he or she enters into with the …

Notwithstanding Section 10410, an employee or state officer, not including a member of the board of directors, of a district agricultural association formed pursuant to Part 3 (commencing with Section 3801) of Division 3 of the Food and Agricultural Code, subject to the approval …

Every contract or other transaction entered in violation of any provision of this chapter is void, unless the violation is technical or nonsubstantive.

The state, or any person acting on behalf of the state, may bring a civil action seeking a determination by the Superior Court that a contract or other transaction has been entered in violation of any provision of this chapter. If the court finds substantial evidence of such a vi…

Any officer or employee of the department who corruptly performs any official act under this chapter to the injury of the state is guilty of a felony.

Any person contracting with the state by oral or written contract who corruptly permits the violation of any contract made under this chapter is guilty of a felony.

Persons convicted under Section 10422 or 10423 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.

Willful violation of any other provision of this chapter shall constitute a misdemeanor.

(a) It shall be unlawful for a person to intentionally disclose proprietary information obtained in the negotiation, execution, or performance of a consulting services contract, as defined in Section 10335.5, or an information technology contract, as defined in Section 11702 of t…

This chapter does not apply to any of the following: (a) The Regents of the University of California and the Trustees of the California State University, except that Article 9 (commencing with Section 10420) shall apply to the Trustees of the California State University. (b) (1) …

As used in this article, the following definitions shall apply: (a) “Awarding department” means any state agency, department, governmental entity, or other officer of an entity empowered by law to enter into contracts on behalf of the State of California. (b) “Contract” includes …

Notwithstanding any other provision of law, all contracts awarded pursuant to Section 2910 of the Penal Code or Section 1753.3 of the Welfare and Institutions Code by any state agency, department, officer, or governmental entity for construction, professional services, materials,…

In awarding contracts to the lowest responsible bidder, the awarding department shall consider the responsiveness of a bidder to minority business enterprise and women business enterprise goals set forth in Section 10471.

(a) Each awarding department shall establish a method for monitoring compliance with the minority business enterprise and women business enterprise goals required in this article. (b) Each awarding department shall adopt rules and regulations for purposes of implementing this art…

Commencing on January 1, 1989, and on January 1st of each year thereafter, each awarding department shall submit a report to the Legislature and the Governor on the level of participation by minority or women business enterprises in contracts identified in this article. If the es…

The Legislature hereby finds and declares all of the following: (a) On September 21, 2004, in addressing the United Nations General Assembly, President George W. Bush affirmed the Secretary of State’s finding and stated, “At this hour, the world is witnessing terrible suffering a…

As used in this article, the following definition applies: “Scrutinized company” means a company in Sudan that is involved in power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, but excludes a company that c…

(a) A scrutinized company is ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services. (b) (1) Notwithstanding subdivision (a), the Director of General Services may permit a scrutinized company, on a case-by-case basis, to…

(a) A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or services, that currently or within the previous three years has had business activities or other operations outside of the United States, to certify that the company …

(a) If the Department of General Services determines that a company has submitted a false certification under Section 10478, the company shall be subject to all of the following: (1) The company is liable for a civil penalty in an amount that is equal to the greater of two hundre…

This act shall be repealed upon affirmative action of the Legislature. Provided, that in determining whether to repeal this act, by way of suggestion and guidance only and without binding or in any way inhibiting the discretion of future sessions of the Legislature, it is submitt…

(a) If any one or more provision, section, subsection, sentence, clause, phrase, or word of this act or the application thereof to any person or circumstance is found to be invalid, illegal, unenforceable, or unconstitutional, the same is hereby declared to be severable and the b…

(a) A scrutinized company is ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services related to products or services that are the reason the company must comply with Section 13(p) of the federal Securities Exchange Act of…

This chapter shall be known and may be cited as the “Uniform Public Construction Cost Accounting Act.”

The Legislature finds and declares that there is a statewide need to promote uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state. This chapter provides for the development of cost accounti…

On or before January 1, 2009, the Controller shall send a notice to all public agencies describing the provisions of this chapter and the benefits of using its provisions. This notice shall also be included in any notification issued by the Controller pursuant to Section 22020.

(a) “Public agency,” for purposes of this chapter, means a city, county, city and county, including chartered cities and chartered counties, any special district, and any other agency of the state for the local performance of governmental or proprietary functions within limited b…

A public agency which has, by resolution, elected to become subject to the uniform construction cost accounting procedures set forth in Article 2 (commencing with Section 22010), may utilize the bidding procedures set forth in Article 3 (commencing with Section 22030) when contra…

There is hereby created the California Uniform Construction Cost Accounting Commission. The commission is comprised of 14 members. (a) Thirteen of the members shall be appointed by the Controller as follows: (1) Two members who shall each have at least 10 years of experience with…

The Controller, in an effort to select highly qualified commission members, shall solicit from organized representatives of the construction industry and public agencies recommendations for appointments to the commission.

At least one commission member of the seven representing the construction industry and at least one of the seven representing public agencies shall have previous accounting experience.

The commission members shall select a chairperson from among its membership. The chairperson shall serve as chair for a term of two years from the date of selection. In no event shall two consecutive chairpersons be appointees representing either the construction industry or publ…

(a) The members of the commission shall hold office for terms of three years, and until their successors are appointed. (b) Members may be reappointed, by the Controller, for subsequent terms of three years. (c) The Controller may appoint a successor for any commissioner after hi…

(a) The Controller shall make available for the conduct of the commission’s business, such staff and other support as does not conflict with the accomplishment of the other business of the office of the Controller. (b) Each member of the commission shall serve without compensatio…

The commission shall meet not less than once each year, at a time and place chosen by its membership.

The commission shall do all of the following: (a) After due deliberation and study, recommend for adoption by the Controller, uniform construction cost accounting procedures for implementation by public agencies in the performance of, or in contracting for, construction on public…

The Controller shall, upon receipt of the commission’s recommendations, review and evaluate the recommended procedures and either formally adopt or reject the recommended procedures within 90 days of submission by the commission.

Upon determining that the recommended uniform construction cost accounting procedures will serve the best interests of the state and public agencies, and upon formal adoption by the Controller, the Controller shall promulgate the uniform procedure for all public agencies electing…

In accordance with procedures and standards adopted pursuant to Section 22017, every five years the commission shall consider whether there have been material changes in public construction costs and make recommendations to the Controller regarding adjustments in the monetary lim…

(a) This article applies only to a public agency whose governing board has by resolution elected to become subject to the uniform construction cost accounting procedures set forth in Article 2 (commencing with Section 22010) and which has notified the Controller of that election.…

(a) Prior to January 1, 2013, this article shall not prohibit a board of supervisors or a county road commissioner from utilizing, as an alternative to the procedures set forth in this article, the procedures set forth in Article 25 (commencing with Section 20390) of Chapter 1. (…

(a) Public projects of seventy-five thousand dollars ($75,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. (b) Public projects of two hundred twenty thousand dollars ($220,000) or less may be let to …