SECTIONS 10120-10129 - California Statutes

PUBLIC CONTRACT CODE

SECTION 10120-10129

10120. Before entering into any contract for a project, the
department shall prepare full, complete, and accurate plans and
specifications and estimates of cost, giving such directions as will
enable any competent mechanic or other builder to carry them out.

10121. The original draft or a certified copy of the plans,
specifications, and estimates of cost shall be filed permanently in
the office of the department before further action is taken.

10122. Work on all projects shall be done under contract awarded to
the lowest responsible bidder pursuant to this part, except that it
may be done by day's labor under the direction of the department, by
contract upon informal bids, or by a combination thereof:
(a) In case of emergency due to the failure or threat of failure
of any bridge or other highway structure.
(b) In case of emergency due to the failure or threat of failure
of any dam, reservoir, aqueduct, or other water facility or facility
appurtenant thereto.
(c) In case of emergency due to damage to a state-owned building
or any other state-owned real property or improvements located
thereon, by an act of God, including but not limited to damage by
storm, flood, fire or earthquake, for work and remedial measures
which are required immediately.
(d) At any time after the approval of plans, specifications and
estimates of cost, if the director deems the advertising or award of
a contract, the acceptance of any bid, or the acceptance of any
further bids after the rejection of all submitted bids, is not in the
best interests of the state.

10122.5. For the purposes of Section 10122, all day labor utilized
by the Department of Corrections and Rehabilitation shall be
performed by individuals who are represented by a duly authorized
employee representative unless individuals with that qualification
are not reasonably available.

10122.6. Notwithstanding the project cost limit provided in Section
10105, work in excess of twenty-five thousand dollars ($25,000)
which would otherwise constitute a project, shall not be done by day'
s labor unless the requirements of Section 10122 are met.

10123. Contracts upon informal bids authorized under Section 10122
shall be let only to a holder of a valid state contractor's license
unless such work is exempt from such licensing requirement by any
other provision of law.

10124. Bids may be received and contracts awarded on a unit basis,
that is, the bids compared upon the basis of estimates of the
quantities of the work to be done.

10125. Except in unit basis contracts, contracts shall not be made
exceeding in amount the estimates of costs approved by the director
and plans and specifications and estimates of costs including expense
of advertising and inspection, shall not be approved by the director
requiring a greater expenditure of money than is appropriated for
the specific purpose in the law authorizing the expenditure.

10126. Notwithstanding the provisions of Section 10125, the
estimate of cost may be approved by the director, which includes
alternates contemplating additions to, or deletions from, the base
bid, provided that all of the following requirements are met:
(a) Estimates are made for each contingency and, in the aggregate,
the alternates do not exceed 10 percent of the estimated cost for
the project.
(b) The available funds are at least sufficient to cover the filed
estimate for the base project.
(c) 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 paragraph (1) will be
used:
(1) The lowest bid shall be the lowest bid price on the base
contract without consideration of the prices on the additive or
deductive items.
(2) 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.
(3) 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 department before the first bid is opened.
(4) 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.
(d) The contract is awarded to the lowest bidder, as determined by
the method prescribed in subdivision (c).
(e) 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 department from adding to
or deducting from the contract any of the additive or deductive
items after the lowest responsible bidder has been determined.
(f) Nothing in this section shall preclude the prequalification of
subcontractors.

10127. The department may, with the approval of the State Public
Works Board, receive bids for the construction of several public
works projects as a single project. Where more than one appropriation
has been made for the several projects united as a single project
under the provisions of this section, payments for the single project
shall be made from the separate appropriations on the proportional
basis that may be determined by the department and approved by the
Department of Finance. In the case of several projects united as a
single project pursuant to this section, those projects shall be
within 100 miles of one another.

10128. All contracts awarded under this part shall comply with the
applicable provisions of Chapter 1 (commencing with Section 1720) of
Part 7 of Division 2 of the Labor Code relating to public works
contracts and shall contain all the contract provisions required
therein.

10129. (a) Notwithstanding Section 3400, no agency of the state
charged with the letting of contracts for the construction,
alteration, or repair of public works may 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 awarding
authority 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.
(b) Subdivision (a) 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) 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.