SECTIONS 10100-10111.2 - California Statutes

PUBLIC CONTRACT CODE

SECTION 10100-10111.2

10100. This chapter may be cited as the State Contract Act.

10101. (a) Contracts for the purchase of supplies or materials,
which are purchased pursuant to Chapter 2 (commencing with Section
10290), are not subject to this chapter, even though the seller is
required to perform some incidental work or service in connection
with the delivery of the material or supplies.
(b) Contracts for which emergency work or remedial measures are
required are not subject to this chapter if the work or remedial
measures are necessary to immediately avert, alleviate, repair, or
mitigate destruction of property caused by the accidental or
unplanned release of toxic substances and are necessary to protect
the health, safety, and welfare of the general public.

10102. Improvements on the property of the state on the waterfront
of the City and County of San Francisco under the jurisdiction of the
San Francisco Port Commission are not subject to this chapter.

10103. Work done directly by any public utility company pursuant to
order of the Public Utilities Commission or other public authority
is not subject to this chapter, whether or not done under public
supervision or paid for in whole or part out of public funds.

10103.5. Work performed by prisoners pursuant to an order by the
Secretary of the Department of Corrections and Rehabilitation or by
the Prison Industry Authority is not subject to this chapter,
provided that the total cost of a project for the construction of
new, previously unoccupied prison facilities or additions to an
existing facility shall not exceed fifty thousand dollars ($50,000)
unless it is first approved by the State Public Works Board.

10104. As used in this chapter, "mobilization" includes preparatory
work and operations, including, but not limited to, those necessary
for the movement of personnel, equipment, supplies and incidentals to
the project site, for the establishment of all offices, buildings
and other facilities necessary for work on the project, and for all
other work and operations which must be performed or costs incurred
prior to beginning work on the various items on the project site.

10105. (a) As used in this chapter, "project" includes the
erection, construction, alteration, repair, or improvement of any
state structure, building, road, or other state improvement of any
kind that will exceed a total cost calculated pursuant to subdivision
(b).
(b) The total cost limit for calendar year 2010 shall be two
hundred fifty thousand dollars ($250,000), and at two year intervals
thereafter, the total cost limit shall be adjusted upward or downward
by the Director of Finance to reflect the percentage change in the
annual California Construction Index as used by the Department of
General Services. The amount shall be rounded off to the nearest
one-thousand-dollar ($1,000) figure.

10106. For purposes of this chapter:
(a) "Department" means any of the following:
(1) The Department of Water Resources as to any project under the
jurisdiction of that department.
(2) The Department of Transportation as to any project under the
jurisdiction of that department.
(3) The Department of Boating and Waterways as to any project
under the jurisdiction of that department pursuant to Article 2.5
(commencing with Section 65) of Chapter 2 of Division 1 of the
Harbors and Navigation Code.
(4) The Department of Corrections and Rehabilitation with respect
to any project under its jurisdiction pursuant to Chapter 11
(commencing with Section 7000) of Title 7 of Part 3 of the Penal
Code.
(5) The Military Department as to any project under the
jurisdiction of that department.
(6) The Department of General Services as to all other projects.
(b) "Director" means the director of each department as defined
herein respectively.

10107. Whenever provision is made by law for any project that is
not under the jurisdiction of the Department of Water Resources, the
Department of Boating and Waterways pursuant to Article 2.5
(commencing with Section 65) of Chapter 2 of Division 1 of the
Harbors and Navigation Code, the Department of Corrections and
Rehabilitation pursuant to Chapter 11 (commencing with Section 7000)
of Title 7 of Part 3 of the Penal Code, the Department of
Transportation, or the Military Department, the project shall be
under the sole charge and direct control of the Department of General
Services.

10108. Where the nature of the work in the opinion of the
department is such that its services in connection therewith are not
required, it may authorize the carrying out of the project directly
by the state agency concerned therewith if the estimated cost does
not exceed six hundred thousand dollars ($600,000), except that the
six hundred thousand dollar ($600,000) limitation shall not apply to
a project of a district agricultural association or a project of the
State Lands Commission. Any capital outlay project with a total value
that does not exceed six hundred thousand dollars ($600,000) may be
budgeted as a minor capital outlay project. This limit shall be
adjusted pursuant to subdivision (b) of Section 10105.
If the estimated total cost of any construction project or work
carried out under this section exceeds twenty-five thousand dollars
($25,000), the district or agency shall solicit bids in writing and
shall award the work to the lowest responsible bidder or reject all
bids. However, the director may authorize the district or agency to
carry out work in excess of twenty-five thousand dollars ($25,000)
under the provisions of this section by day labor if he or she deems
that the award of a contract, the acceptance of bids, or the
acceptance of further bids is not in the best interests of the state.
In no event shall the amount of work performed by day labor under
this section exceed the sum of fifty thousand dollars ($50,000) in
the case of district agricultural association fair projects, or
thirty-five thousand dollars ($35,000) in other cases.

10108.5. (a) When the nature of the work by departments, boards,
commissions, or conservancies within the Resources Agency, in the
opinion of the Department of General Services, is such that its
services in connection therewith are not required, it may authorize
the carrying out of the project directly by the department within the
Resources Agency concerned therewith if the estimated cost does not
exceed five hundred thousand dollars ($500,000). This limit shall be
adjusted pursuant to subdivision (b) of Section 10105.
(b) If the estimated total cost of any construction project or
work carried out under this section exceeds fifty thousand dollars
($50,000), the Department of Forestry and Fire Protection shall
solicit bids in writing and shall award the work to the lowest
responsible bidder or reject all bids. However, the Director of
General Services may authorize the Department of Forestry and Fire
Protection to carry out work in excess of fifty thousand dollars
($50,000) under this section by day labor if he or she deems that the
award of a contract, the acceptance of bids, or the acceptance of
further bids is not in the best interests of the state. However, in
no event shall the amount of work performed by day labor under this
section exceed the sum of one hundred thousand dollars ($100,000).
This limit shall be adjusted pursuant to subdivision (b) of Section
10105.
(c) Notwithstanding the cost limitation of subdivision (a), the
State Coastal Conservancy may, if authorized by the Department of
General Services as described in subdivision (a), directly carry out
a public works project involving habitat or wetlands restoration and
related pedestrian or cycling access improvements, not including
buildings or other nonaccess related structures on the following
state-owned lands: Bel Marin Keys Unit V in Marin County, Eden
Landing Ecological Reserve (a part of the South Bay Salt Pond
Restoration Project) in Alameda County, Bair Island Ecological
Reserve in San Mateo County, Napa Sonoma Marshes State Wildlife Area
in Napa, Solano, and Sonoma Counties, Ballona Wetlands Ecological
Reserve in Los Angeles County, Buena Vista Lagoon Ecological Reserve
in San Diego County, Los Pe