SECTIONS 10285-10285.5 - California Statutes

PUBLIC CONTRACT CODE

SECTION 10285-10285.5

10285. The term "person," as used in this article, means any
individual, partnership, joint venture, or association or any other
organization or any combination thereof.

10285.1. Any state agency may suspend, for a period of up to three
years from the date of conviction, any person from bidding upon, or
being awarded, a public works or services contract with the agency
under this part or from being a subcontractor at any tier upon the
contract, if that person, or any partner, member, officer, director,
responsible managing officer, or responsible managing employee
thereof, has been convicted by a court of competent jurisdiction of
any charge of fraud, bribery, collusion, conspiracy, or any other act
in violation of any state or federal antitrust law in connection
with the bidding upon, award of, or performance of, any public works
contract, as defined in Section 1101, with any public entity, as
defined in Section 1100, including, for the purposes of this article,
the Regents of the University of California or the Trustees of the
California State University. A state agency may determine the
eligibility of any person to enter into a contract under this article
by requiring the person to submit a statement under penalty of
perjury declaring that neither the person nor any subcontractor to be
engaged by the person has been convicted of any of the offenses
referred to in this section within the preceding three years.

10285.2. Before suspending any person under this article, the state
agency shall provide a hearing upon reasonable notice. In
determining whether to suspend, and the duration of any suspension,
the state agency shall consider, in addition to any other relevant
factors, both of the following:
(a) The degree to which the person cooperated with the state or
federal authorities in the criminal proceeding.
(b) The degree to which the person has agreed to restitution for
any damages incurred by the public entity as a result of the acts
upon which the conviction was based.

10285.3. In the event that any state agency has suspended any
person under this article, any other state agency shall adopt the
terms of that suspension without further notice or hearing.

10285.4. In the event that any state agency has suspended any
person under this article, that agency may terminate the suspension
if it determines that termination is in the best interest of the
agency. In the event of termination, any suspension by adoption
pursuant to Section 10285.3 also shall be terminated.

10285.5. Nothing in this article shall require any state agency to
contract with, or to permit the employment of a person as a
subcontractor, or any person on any project funded in whole or part
by federal funds, if the person has been suspended or debarred by the
federal agency providing the funds.