text:
(a) Notwithstanding any other law, any state agency authorized to enter into contracts relating to public benefit programs shall only contract for services provided by a call center that directly serves applicants for, recipients of, or enrollees in, those public benefit programs with a contractor that certifies in its bid for the contract that the services provided under the contract and any subcontract performed under that contract, to applicants for, recipients of, or enrollees in, those public benefit programs, will be performed solely with workers employed in California. Any contractor that knowingly provides false information in the certification required by this subdivision shall be subject to a civil penalty in an amount of up to ten thousand dollars ($10,000), in addition to any other remedies available to the state agency. An action for a civil penalty under this subdivision may be brought by any public prosecutor in the name of the people of the State of California.

(b) For purposes of this section:

(1) “Call center” means a building, facility, or operation where customer or client services or assistance is provided by telephone, fax, email, text, or web-based interaction.

(2) “Public benefit programs” means California Work Opportunity and Responsibility to Kids (CalWORKs), CalFresh, Medi-Cal, Healthy Families, and the California Healthcare Eligibility, Enrollment, and Retention System.

(c) (1) The contract shall provide that in the event a contractor or subcontractor performs the contract or the subcontract for call center services with workers not employed in California during the life of the contract, the state has the right to terminate the contract for noncompliance and the contractor or subcontractor shall pay a penalty to the state agency in an amount equal to the amount paid by the state agency for the percentage of work that was performed with workers not employed in California.

(2) The penalty authorized in paragraph (1) shall be in addition to any other applicable penalty, including, but not limited to, the penalty provided in subdivision (a).

(d) (1) Notwithstanding subdivision (a), a state agency may conduct a solicitation without applying this section if the California Health and Human Services Agency or the board of the California Health Benefit Exchange makes any of the following determinations:

(A) A prior solicitation was conducted and the bids received were priced unreasonably high as a result of including these provisions.

(B) A prior solicitation was conducted and fewer than two bids were received as a result of including these provisions.

(C) The services are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare or safety.

(2) If the agency or board makes a determination described in paragraph (1), that entity shall submit a report to the Assembly Committee on Jobs, Economic Development and the Economy and to the Senate Committee on Labor and Industrial Relations on or before the last day of the quarter following the quarter in which the determination was made. The report shall include the reason for making the determination.

(e) This section shall not apply to the following:

(1) A contract or subcontract, if implementation would violate the specific terms of the Agreement on Government Procurement of the World Trade Organization or any other bilateral or regional free trade agreement to which the State of California has consented.

(2) A contract or subcontract, including extensions of that contract or subcontract, that results from a request for proposal or bid that occurred prior to the effective date of the act that adds this chapter.

(3) A contract for a public benefit program between a state agency and a health care service plan or a specialized health care service plan regulated by the Department of Managed Health Care, and any subcontract performed under that contract, or a disability insurer or specialized health insurer regulated by the Department of Insurance, and any subcontract performed under that contract.

(f) This section shall be construed so as to not conflict with, and be applied consistent with, federal law.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 162. (AB 1170) Effective January 1, 2026.)

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 3.7. Prohibition of the Offshoring of State Public Benefits Contracts


kind: section

code: PCC

text:
(a) (1) Notwithstanding any other law, on or after July 1, 2017, neither the University of California nor the California State University may contract for services with a contractor or subcontractor unless that contractor or subcontractor does either of the following:

(A) Certifies, under penalty of perjury, in his or her bid for that contract that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States.

(B) Describes in his or her bid any parts of the work that will be performed by workers outside of the United States.

(2) If the University of California or the California State University enters into a services contract with a contractor whose bid indicates that specific work will be performed by workers outside of the United States, the University of California or the California State University, as appropriate, shall not, for the duration of that contract, displace an employee performing that specific work.

(b) Notwithstanding any other law, neither the University of California nor the California State University may expend funds to train service contract employees located in foreign countries or train service contract employees who plan to relocate to a foreign country as part of the service contract, if that service contract displaces an employee of the University of California or the California State University.

(c) A contract entered into pursuant to subdivision (a) shall provide that, in the event a contractor or subcontractor performs the contract or the subcontract with workers outside the United States during the life of the contract and the contractor or subcontractor does not describe this work in his or her bid as referenced in subdivision (a), the contract shall be terminated for noncompliance, and the contractor or subcontractor shall forfeit penalties to the University of California or the California State University, as appropriate, in an amount equal to the amount paid by the university for the percentage of work that was performed with workers outside the United States.

(d) (1) A contractor shall be found to have violated subdivision (a) only to the extent that he or she fails to note in a bid any work to be accomplished by workers outside of the United States. The University of California or the California State University shall be found to have violated subdivision (a) only to the extent that the University of California or the California State University displaces an employee performing that specific work after having been notified in the contractor’s bid that the specific work would be performed by workers outside of the United States.

(2) For purposes of this section, “displace” means the layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location, or time base reduction of an employee, during the operation of a contract that is subject to this chapter, where the employee is performing the specific work that a contractor has identified as to be performed by workers outside of the United States and the reason for the layoff, demotion, involuntary transfer to a new classification, or time base reduction of the employee is a direct result of the University of California or the California State University entering into the contract that is subject to this chapter.

(3) Notwithstanding the limitations imposed by subdivisions (a), (b), and (c), nothing in this section shall preclude the University of California and the California State University from contracting with a contractor or subcontractor that utilizes workers in offshore operations in circumstances that do not directly result in the displacement of an employee of the University of California or the California State University.

(e) This chapter does not apply to a contract if refusing to award that contract, on the basis that the contractor or subcontractor does not certify under penalty of perjury that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States, would violate the specific terms of the Agreement on Government Procurement of the World Trade Organization or any other bilateral or regional free trade agreement that California has consented to.

(f) This chapter does not apply to either of the following:

(1) Contracts relating to study abroad programs conducted by the University of California or the California State University.

(2) Contracts relating to international teaching, research, or public service activities and projects conducted by the University of California or the California State University.

history: (History: Added by Stats. 2017, Ch. 844, Sec. 2. (AB 848) Effective January 1, 2018.)

division: 2. GENERAL PROVISIONS

part: 2. CONTRACTING BY STATE AGENCIES

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 3.9. Offshoring University of California and California State University Contracts


text:
The Legislature finds and declares all of the following:

(a) It is the policy of the state to conserve and protect resources for future citizens as well as the current population of the state.

(b) It is in the best interest of the people of the state that the state alter its perception of solid waste to instead look upon this waste as resources that can be recovered and reused.

(c) It is in the best interest of reducing the increasing burden on communities disposing of the state’s solid waste for the state to take a role in developing an integrated state solid waste management policy, which includes source reduction, recycling, composting, market development, incineration, and landfills. Since recycling is a necessary component of this policy, the state shall encourage the use of recycled products to ensure that the state’s industries have sufficient and adequate markets for products regeneratively utilizing the state’s solid waste as recycled resources.

(d) It is the policy of the state to encourage the expansion of businesses located in California and, to whatever extent possible, to look favorably on California businesses in the recycling industry, which include, but are not limited to, those California businesses that manufacture, distribute, or act as brokers for, recycled products.

(e) Market development is the key to moving beyond the uneven collection of recyclable materials to stable resource recovery and reuse. Because of existing local collection programs, significant quantities of recycled resources such as the following are today available for purchase: fine grades of paper, high-quality paper products, plastics, retreaded automobile tires, rerefined lubricating oil, reused automotive parts, reclaimed solvents, recycled asphalt, recycled concrete, carpet or geotextiles composed of recycled plastics, compost and co-compost products, and steel products.

(f) In making these findings, the Legislature declares that the policy and intent of this chapter is to set an example for the state and nation to encourage the purchase of products utilizing recycled resources.

(g) It is the intent of the Legislature, whenever economically feasible and as markets allow, to continually expand the policies of the state to utilize recycled resources in the daily operations of the state. This includes, but is not limited to, the procurement and purchase of recycled materials, the use of recycled resources in the performance of a service or project for the state, and the purchase of equipment used for the collection and sale of waste materials generated by the state.

(h) It is the intent of the Legislature that the Department of General Services work with all state departments, agencies, the Legislature, the California Integrated Waste Management Board, and the Department of Conservation to draft, establish, and implement policies that ensure the procurement and use of recycled resources.

(i) It is also the intent of the Legislature to encourage local public agencies and private companies to adopt policies to maximize the use of recycled resources.

history: (History: Amended by Stats. 1995, Ch. 427, Sec. 1. Effective January 1, 1996.)

chapter: 4. State Agency Buy Recycled Campaign

article: 1. General Provisions

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 4. State Agency Buy Recycled Campaign > 1. General Provisions


text:
(a) Except as provided in subdivision (b), no state agency shall purchase any printer or duplication cartridge for which the manufacturer, wholesaler, distributor, retailer, or remanufacturer places restrictions on the recycling or remanufacturing of that cartridge by any other person. For purposes of this section, these restrictions include, but are not limited to, all of the following:

(1) Reducing the price of the cartridge in exchange for any agreement not to remanufacture the cartridge.

(2) A licensing agreement on the cartridge that forbids remanufacturing.

(3) Any contract that forbids the remanufacturing or recycling of the cartridge.

(b) Notwithstanding subdivision (a), a manufacturer, wholesaler, distributor, retailer, or remanufacturer who establishes a recycling or remanufacturing program that is available to its customers may enter into signed agreements with those customers consenting to the return of the used cartridge to the manufacturer, wholesaler, distributor, retailer, or remanufacturer, only for either of the following purposes:

(1) Recycling and remanufacturing, for purposes of making the remanufactured cartridge available for purchase.

(2) Recycling.

(c) Each state agency shall print a statement on the cover of its printer or duplicator cartridge bid packages, or in some other noticeable place in the bid packet, notifying all bidders that it is unlawful to prohibit a printer or duplication cartridge that is sold to the state from being recycled or remanufactured, except as specified in subdivision (b).

(d) This section does not authorize any violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) or the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code).

(e) As used in this section, the following terms mean:

(1) “Printer or duplication cartridge” means a cartridge, including, but not limited to, a toner or ink cartridge, used in printer or duplication equipment for business or personal use.

(2) “Recycled” means a printer or duplication cartridge that would otherwise become solid waste, but which has undergone a process of collecting, sorting, cleansing, treating, or reconstituting, and which has been returned for the manufacture of new products or the remanufacture of used cartridges.

(3) “Remanufactured” means a printer or duplication cartridge that has served its intended end use, but, rather than being discarded or disposed of, has instead been restored, renovated, repaired, or recharged, without substantial alteration of its form.

history: (History: Added by Stats. 1999, Ch. 910, Sec. 1. Effective January 1, 2000.)

article: 1. General Provisions


text:
(a) It is the intent of the Legislature that for the current state waste paper collection program, the Department of Resources Recycling and Recovery shall provide participating locations with public information awareness and training to state and legislative employees. Additionally, the Department of Resources Recycling and Recovery shall provide training for personnel, including but not limited to, state and buildings and grounds personnel, responsible for the collection of waste materials. This training shall include, but is not limited to, educating and training the personnel concerning the separation and collection of recyclable materials.

(b) It is also the intent of the Legislature that the Department of Resources Recycling and Recovery continue the current state waste paper collection program and use this program as a model to develop a plan for other waste materials generated by state and legislative employees.

(c) It is also the intent of the Legislature that the department, in consultation with the Department of Resources Recycling and Recovery, shall submit a new recycling plan, which includes, but is not limited to, the collection and sale of waste materials generated by state and legislative employees. This plan shall be submitted to the appropriate legislative policy committees on or before August 31, 1990. The plan may be phased in utilizing those office facilities and collecting those waste materials most conducive to operation of a source separation program, but shall be fully implemented by June 1, 1991.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 70. (SB 92) Effective June 27, 2017.)

article: 2. Recycled Paper Products

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 4. State Agency Buy Recycled Campaign > 2. Recycled Paper Products


text:
(a) After implementing a recycling plan pursuant to subdivision (c) of Section 12164.5, the Department of Resources Recycling and Recovery shall establish, implement, and maintain a recycling plan for the Legislature, which may include all legislative offices and individual members’ district offices; all state offices whether in state-owned buildings or leased facilities in Sacramento, Los Angeles, and San Francisco Counties; and in any other areas that the board determines to be feasible. The plan shall include the provisions for the recycling of office paper, corrugated cardboard, newsprint, beverage containers (as defined in Section 14503 of the Public Resources Code), waste oil, and any other material at the discretion of the Department of Resources Recycling and Recovery.

(b) The collection program for each product and each location shall be reevaluated by the Department of Resources Recycling and Recovery on or before January 1, 1994. Subsequently, the Department of Resources Recycling and Recovery, upon the determination that inclusion of any particular material type would result in a net revenue loss to the state, shall have the discretion to exclude that material from the program, and shall report its conclusions and recommendations to the Legislature. In determining the net revenue loss for the collection of a specified waste material, the Department of Resources Recycling and Recovery shall include the avoided cost to dispose of the waste material. The plan shall provide either for the collection and sale of materials to private brokers, recycling plants, or nonprofit organizations, or the operation of these entities by the state, or a combination thereof. The plan shall be implemented at the earliest possible date.

(c) The Department of Resources Recycling and Recovery shall provide participating locations with public awareness information and training to state and legislative employees, including, but not limited to, the proper separation and disposal of recyclable resources. Additionally, the Department of Resources Recycling and Recovery shall provide training for personnel, including, but not limited to, state buildings and grounds personnel, responsible for the collection of waste materials. This training shall include, but is not limited to, educating and training the personnel concerning the separation and collection of recyclable materials.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 71. (SB 92) Effective June 27, 2017.)

article: 2. Recycled Paper Products


text: The Department of Resources Recycling and Recovery may contract as necessary for the recycling of products which have been returned pursuant to Section 12165.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 72. (SB 92) Effective June 27, 2017.)

article: 2. Recycled Paper Products


text: Proceeds received from the implementation of the recycling plan established pursuant to Section 12165 or any other activity involving the collection and sale of recyclable materials in state and legislative offices located in state-owned and state-leased buildings, including, but not limited to, the sale of waste materials through recycling programs, shall be utilized to offset program recycling costs.

history: (History: Repealed and added by Stats. 2017, Ch. 26, Sec. 75. (SB 92) Effective June 27, 2017.)

article: 2. Recycled Paper Products


text:
The Legislature hereby finds and declares that it is the policy of the state to encourage the use of marketable end products which are produced as a result of superior waste management by counties, cities, and local agencies.

The Legislature further finds and declares that it is in the public interest to provide special consideration for the state purchase of co-compost and compost products because these products substantially reduce the need for solid waste disposal facilities, such as landfills, and will assist the state in providing new alternatives for the alarming decrease in available solid waste disposal facilities, such as landfills.

history: (History: Added by Stats. 1989, Ch. 1094, Sec. 10.)

article: 3. Compost and Co-compost Products

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 4. State Agency Buy Recycled Campaign > 3. Compost and Co-compost Products


text: (a) All state departments and agencies, including, but not limited to, the Department of Transportation, the Department of Water Resources, the Department of Forestry and Fire Protection, and the Department of Parks and Recreation, shall give purchase preference to compost and cocompost products when they can be substituted for, and cost no more than, the cost of regular fertilizer or soil amendment products, or both, if the cocompost products meet all applicable state standards and regulations, as determined by appropriate testing. The product preference shall include, but not be limited to, the construction of noise attenuation barriers and safety walls, highway planting projects, and recultivation and erosion control programs.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 538. Effective January 1, 2007.)

article: 3. Compost and Co-compost Products


text: It is the intent of the Legislature, in enacting this article, that the revenues derived from the state purchase of co-compost products will be used by counties, cities, and local agencies to offset the costs of construction, operation, and maintenance of co-compost waste disposal facilities.

article: 3. Compost and Co-compost Products


text:
For the purpose of this article, the following definitions shall apply:

(a) “CalRecycle” means the Department of Resources Recycling and Recovery, as defined pursuant to Section 40110 of the Public Resources Code.

(b) “Business” includes bidders, contractors, and other interested parties that provide services to, or sell products to, the state.

(c) “Department” means the Department of General Services.

(d) “Director” means the Director of General Services.

(e) “Postconsumer material” means a finished material that would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes.

(f) “Product categories” include paper products, printing and writing papers, soil amendments and soil toppings, erosion control products, glass, lubricating oils, plastic, paint, tires, tire-derived products, antifreeze, metal, carpet, pavement surfacing, building finishes, and textiles.

(g) “Purchase” means any contractual agreement that state agencies use to obtain goods or materials.

(h) “Recycled products” mean goods or materials that meet the requirements identified in Section 12209, including any good or material that has been reused or refurbished without substantial alteration of its original form.

(i) “Reportable purchase” means the purchase of any goods or materials, with recycled content or not, that may be reported or categorized or classified within one of the product categories identified in Section 12207.

(j) “Reportable recycled product purchase” means the purchase of any goods or materials that meet the requirements identified in Section 12209, that may be reported or categorized or classified within one of the product categories identified in Section 12207, including any good or material that has been reused or refurbished without substantial alteration of its original form.

(k) “SABRC” means the State Agency Buy Recycled Campaign.

(l) “Secondary material” means fragments of finished products or finished products of a manufacturing process, that has converted a resource into a commodity of real economic value, but does not include excess virgin resources of the manufacturing process, such as fibers recovered from wastewater, trimmings of paper machine rolls, mill broke, plastic, or metal trimmings, or shavings, or other residue from a manufacturing process. Secondary material does not include postconsumer material, so that the secondary material plus the postconsumer material plus the virgin material adds up to 100 percent of the product.

(m) “State agency” means each entity identified in Section 11000 of the Government Code, and includes the California State University.

history: (History: Amended by Stats. 2022, Ch. 517, Sec. 3. (AB 661) Effective January 1, 2023.)

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 4. State Agency Buy Recycled Campaign > 4. Recycled Materials, Goods, and Supplies


text:
(a) The Legislature finds and declares that it is the policy of the state to conserve and protect its resources. The Legislature further finds and declares that the use of recycled products produced as the result of the superior waste management efforts by the state and local governmental entities will help conserve resources and reduce greenhouse gas emissions contributing to global warming pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).

(b) It is the intent of the Legislature that the state pursue all feasible measures to improve markets for recycled products including, but not limited to, education and training of state agency purchasers and bid evaluation preferences for purchases made by the state.

(c) A state agency shall purchase recycled products instead of nonrecycled products, if all of the following requirements are met:

(1) Fitness and quality of the products are equal.

(2) Recycled products are available at no more than 10 percent greater total cost than nonrecycled products.

(3) One of the following situations applies:

(A) A state agency uses a leveraged procurement agreement through which both recycled and nonrecycled products are available.

(B) A state agency is awarding a contract using Section 14838.5 of the Government Code and receives offers for both recycled and nonrecycled products.

(C) A state agency awards a contract without soliciting multiple offers based on a determination that the price is fair and reasonable.

history: (History: Amended by Stats. 2022, Ch. 517, Sec. 4. (AB 661) Effective January 1, 2023.)

article: 4. Recycled Materials, Goods, and Supplies


text: The University of California is not subject to the procurement requirements of this article but shall report, pursuant to Section 12211, on purchases of the products listed in Section 12207 and what percentage of those purchases meet the associated minimum recycled content requirements in Section 12209.

history: (History: Added by Stats. 2022, Ch. 517, Sec. 5. (AB 661) Effective January 1, 2023.)


text:
Each state agency shall ensure each of the following:

(a) (1) Before January 1, 2020, at least 50 percent of reportable purchases are recycled products.

(2) On and after January 1, 2020, at least 75 percent of reportable purchases are recycled products, except for paint, antifreeze, and tires.

(3) On and after January 1, 2020, at least 50 percent of reportable purchases of paint, antifreeze, and tires are recycled products.

(b) The requirements specified in this article apply to all reportable purchases of goods by state agencies for product categories listed in this article.

(c) The reportable purchases of state agencies shall meet each requirement for, and be applied to the total dollar amount of, each specified product category as defined in this article. The purchase of a recycled product from one category may not be applied toward the requirements for, or the total dollar amount of, any other category listed in this article.

(d) Each state agency shall require the businesses with whom it contracts to use, to the maximum extent economically feasible in the performance of the contract work, recycled products.

history: (History: Amended by Stats. 2022, Ch. 517, Sec. 6. (AB 661) Effective January 1, 2023.)


text:
(a) (1) All state agencies shall require all businesses to certify in writing the minimum percentage, if not the exact percentage, of postconsumer material in the products, materials, goods, or supplies offered or sold to the state regardless of whether the product meets the requirements of Section 12209. The certification shall be furnished under penalty of perjury. The certification shall be provided regardless of content, even if the product contains no recycled material.

(2) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e) of Section 12156, the certification required by this subdivision shall specify that the cartridges so comply.

(3) A state agency may waive the certification requirement if the percentage of postconsumer material in the products, materials, goods, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet Web site.

(b) (1) All businesses shall certify in writing to the contracting officer or his or her representative the minimum percentage, if not the exact percentage, of postconsumer material in the products, materials, goods, or supplies being offered or sold to the state regardless of whether the product meets the requirements of Section 12209. The certification shall be furnished under penalty of perjury. The certification shall be provided regardless of content, even if the product contains no recycled material.

(2) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e) of Section 12156, the certification required by this subdivision shall specify that the cartridges so comply.

(3) A state agency may waive the certification requirement if the percentage of postconsumer material in the products, materials, goods, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet Web site.

history: (History: Repealed and added by Stats. 2005, Ch. 590, Sec. 29. Effective January 1, 2006.)


text:
This article applies to the purchase of goods and materials from the following product categories:

(a) Paper products, including, but not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, and hanging files, building insulation and panels, corrugated boxes, paper food serviceware, tissue, and toweling.

(b) Printing and writing papers including, but not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications.

(c) Soil amendments and soil toppings.

(d) Erosion control products.

(e) Glass products including, but not limited to, windows, test tubes, beakers, laboratory or hospital supplies, fiberglass (insulation), reflective beads, tiles, construction blocks, desktop accessories, flat glass sheets, loose-grain abrasives, deburring media, liquid filter media, and containers.

(f) Lubricating oils including, but not limited to, any oil intended for use in a crankcase, transmission, engine, power steering, gearbox, differential chainsaw, transformer dielectric fluid, cutting, hydraulic, industrial, or automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine.

(g) (1) Plastic products including, but not limited to, printer or duplication cartridges, diskette, carpet, office products, plastic lumber, buckets, wastebaskets, containers, benches, tables, fencing, clothing, mats, packaging, signs, posts, binders, sheet, buckets, building products, garden hose, plastic food serviceware, and trays.

(2) For purposes of this subdivision, “printer or duplication cartridges” has the same meaning as described in paragraph (2) of subdivision (f) of Section 12209.

(h) Paint, including, but not limited to, water-based paint, graffiti abatement, interior and exterior, and maintenance.

(i) Antifreeze, including recycled antifreeze, and antifreeze containing a bittering agent or made from polypropylene or other similar nontoxic substance.

(j) Retread tires, including, but not limited to, truck and bus tires, and those used on fleet vehicles and passenger cars.

(k) Tire-derived products including, but not limited to, flooring, mats, wheelchair ramps, playground surfacing, sports surfacing, parking bumpers, bullet traps, hoses, bumpers, truck bedliners, pads, walkways, tree ties, wheel chocks, rollers, traffic-related products, mudflaps, accessibility ramps, paths and sidewalks, animal care products, including, but not limited to, horse arena surfacing, stall mats, cow mats, and equestrian barn and breezeway flooring, artificial turf, landscaping and rubber mulch, outdoor surfacing, pavers and tiles, and posts.

(l) Metals, including, but not limited to, staplers, paper clips, scissors, jacks, rebar, pipe, plumbing fixtures, ladders, file cabinets, shelving, containers, lockers, sheet metal, girders, building and construction products, bridges, braces, nails, and screws.

(m) Building finishes, including, but not limited to, open panel office systems.

(n) Carpet.

(o) Textiles, including, but not limited to, general purpose wipes.

history: (History: Amended by Stats. 2022, Ch. 517, Sec. 7. (AB 661) Effective January 1, 2023.)


text:
(a) (1) CalRecycle, with the concurrence of the department and in consultation with impacted agencies, shall update the list of products identified in this section and update the minimum recycled content percentages, as determined to be appropriate, commencing January 1, 2026, and every three years thereafter. In updating the list of products identified, CalRecycle shall take into consideration the standards in the United States Environmental Protection Agency Comprehensive Procurement Guidelines for Paper and Paper Products. CalRecycle and the department shall incorporate the updated list of products and minimum recycled content requirements into the State Contracting Manual, the Financial Information System for California, and the financial system of any department not utilizing the Financial Information System for California. CalRecycle shall maintain an internet website with current SABRC products and minimum recycled content requirements.

(2) In determining whether the minimum recycled content percentages should be updated pursuant to paragraphs (1) and (3), CalRecycle shall consider, at a minimum, all of the following factors:

(A) Market conditions, including supply and demand for the postconsumer recycled materials, collection rates, and bale availability both domestically and globally.

(B) Recycling rates.

(C) The availability of the recycled material suitable to meet the minimum recycled content requirements.

(D) The capacity of recycling or processing infrastructure.

(3) CalRecycle, with the concurrence of the department, may set a higher minimum recycled content standard for white 20 pound printing and writing paper and white wove envelopes, either during the triennial review pursuant to paragraph (1) or at any other time after January 1, 2024.

(b) For purposes of this article, effective January 1, 2023, and until updated pursuant to subdivision (a), the product categories and minimum content and recyclability requirements identified in subdivisions (c) to (r), inclusive, shall apply:

(c) (1) Recycled paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, as specified below. Printing and writing paper shall consist of at least 30 percent, by fiber weight, postconsumer recycled content fiber, provided that printed newspapers that meet the requirements of Chapter 15 (commencing with Section 42750) of Part 3 of Division 30 of the Public Resources Code shall be considered in compliance with the requirements of this section.

(2) Other paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, except as specified below:

(A) Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber.

(B) Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.

(C) Facial tissue shall consist of at least 10 percent, by fiber weight, postconsumer recycled content fiber.

(D) Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber.

(E) General purpose paper wipers shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.

(F) Food serviceware, including, but not limited to, napkins, plates, bowls, food trays, takeout boxes, placemats, etc. shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.

(d) (1) For recycled soil amendments and soil toppings, at least 80 percent of the product shall consist of compost or mulch materials, or both, that would otherwise be normally disposed of in landfills.

(2) As used in this subdivision:

(A) “Compost” means a product that meets the following requirements:

(i) It results from the controlled biological decomposition of organic materials, including, but not limited to, yard trimmings, green materials, food materials, biosolids and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility, or other source of organic materials.

(ii) It is produced by a public or private supplier that is in compliance with CalRecycle’s composting operations regulatory requirements.

(B) “Mulch” means a product that meets the following requirements:

(i) It results from the mechanical breakdown by chipping and grinding of materials, including, but not limited to, yard trimmings, untreated lumber, and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility.

(ii) It is produced by a public or private supplier that is in compliance with CalRecycle’s composting operations regulatory requirements.

(iii) It results from the mechanical breakdown by chipping and grinding of dead and dying trees removed to reduce wildfire risk.

(e) (1) For recycled erosion control products, the recycled products shall be derived to the greatest extent possible, from no less than 100 percent California recycled organic materials diverted from the solid waste stream or from forest health management that consists of trees generated from the removal of dead and dying trees to reduce wildfire risk, and hydraulic mulch that includes compost made from 100 percent California recycled organic materials or recycled paper, or both, with 100 percent California content, as practicable and feasible.

(2) As used in this subdivision:

(A) “Recycled erosion control products” mean compost filter socks, compost blankets, and other compost-related erosion products:

(i) Compost filter socks are a three-dimensional tubular sediment control and stormwater runoff filtration device consisting of a mesh covering and a filtration medium made of fully composted materials. Compost filter socks come in 5, 8, and 12 inches in diameter. A 5-inch compost filter sock may be considered the functional equivalent of a 12-inch straw wattle.

(ii) A compost blanket is a layer of compost protecting bare soil surfaces with slope less than 1.5:1 from wind and water erosion that provides water conservation, weed control, and nutrients for long-term, sustainable vegetation. The blanket may or may not contain a tackifier or be seeded. The blanket may be spread by hand or using a blower truck.

(B) “Hydraulic mulch” means an erosion control process that uses a fiber slurry and a tackifier. The slurry is transported in a tank, either truck- or trailer-mounted, and sprayed on prepared ground. The slurry may also contain compost and seeds.

(3) When considering the costs of compost-based erosion control measures, state agencies may also consider performance, pollution prevention, and cost of deployment, although when pollutants are present, control of pollutants shall take precedence over cost.

(f) For recycled glass, not including glass food and beverage containers, the total weight shall consist of at least 25 percent postconsumer material, except for fiberglass, which shall consist of 30 percent cullet, consistent with Section 19511 of the Public Resources Code.

(g) Rerefined lubricating oil shall have a base oil content consisting of at least 70 percent rerefined oil.

(h) (1) For recycled plastic products, the total weight shall consist of at least 20 percent postconsumer material.

(2) Recycled printer or duplication cartridges shall be remanufactured such that they adhere to specifications equal to or exceeding original equipment manufacturer (OEM) cartridge specifications and approved remanufactured toner cartridge industry standards established by the Standardized Test Methods Committee, or comply with the general requirement for recycled plastic products set forth in paragraph (1). All printer or duplication cartridges shall comply with the requirements set forth in Section 12156.

(i) Recycled paint shall have a recycled content consisting of at least 50 percent postconsumer paint. Preconsumer or secondary paint does not qualify as “recycled paint” pursuant to this subdivision.

(j) Recycled antifreeze fluid shall have a recycled content of at least 70 percent postconsumer materials.

(k) Retreaded tires must use an existing casing that has undergone an approved or accepted recapping or retreading process, in accordance with Chapter 7 (commencing with Section 42400) of Part 3 of Division 30 of the Public Resources Code.

(l) For recycled tire-derived products, such as crumb rubber (as a singular, intermediate product), rubber mulch or bark, rubberized sidewalks or tree wells, loose-fill or pour-in-place playgrounds, tiled or rolled recreational flooring, floor and agricultural mats, sports tracks, or synthetic turf infill, the total content shall consist of at least 50 percent recycled used waste tires and the recycled products shall be derived from no less than 100 percent California recycled materials diverted from the solid waste stream.

(m) (1) Rubberized pavement surfaces, such as rubberized asphalt concrete and chip seal, the binder shall contain at least 15 percent recycled waste tires by weight and the recycled products shall be derived from no less than 100 percent California recycled materials diverted from the solid waste stream.

(2) Recycled asphalt pavement shall contain a minimum of 25 percent reclaimed asphalt pavement by weight, as permitted by specifications and standards developed by the Department of Transportation for recycled paving materials pursuant to Sections 42700 and 42701 of the Public Resources Code, to the extent that the use of such materials meets the Department of Transportation’s performance standards and that the use of such materials is practicable and feasible without impacting the lifespan and durability of the pavement containing the materials.

(n) For recycled metal products, the total weight shall consist of at least 10 percent postconsumer material.

(o) For reused or refurbished products, there is no minimum content requirement.

(p) For building finishes, open office panel systems shall meet the middle range requirements of department state contracts.

(q) Carpet shall contain a minimum postconsumer recycled content that shall be determined by the department and published in the State Contracting Manual by July 1, 2018, and subsequently updated by the department. The department shall include carpet recycling requirements for state buildings in the State Contracting Manual.

(r) For textiles in general, there is no minimum content requirement. For general purpose textile wipes, the total content shall consist of 100 percent recycled content.

history: (History: Repealed and added by Stats. 2022, Ch. 517, Sec. 9. (AB 661) Effective January 1, 2023.)


text:
(a) A state agency shall report annually to CalRecycle its progress in meeting the recycled product purchasing requirements and, if necessary, an explanation of circumstances beyond the state agency’s control that prevented the state agency from meeting the recycled product purchasing requirements for specified product categories using the SABRC report format provided by CalRecycle.

(b) On or before October 31 of each year, the department shall provide to CalRecycle the following information:

(1) A list, by category, of individual reportable recycled products, materials, goods, and supplies that were available for purchase by state agencies from a statewide-use contract, agreement, or schedule during the previous fiscal year.

(2) A list, by category, of all reportable products, materials, goods, and supplies that were available for purchase by state agencies from a statewide-use contract, agreement, or schedule, including contract, agreement, or schedule tracking numbers, during the previous fiscal year.

history: (History: Amended by Stats. 2022, Ch. 517, Sec. 10. (AB 661) Effective January 1, 2023.)


text: Each state agency may, at the discretion of the individual agency director or their designee, print a statement on recycled products selected by the agency director. This statement shall be determined by the department, in consultation with CalRecycle, and shall be similar to the following: “Contains at least ____ percent postconsumer material.”

history: (History: Amended by Stats. 2022, Ch. 517, Sec. 11. (AB 661) Effective January 1, 2023.)


text:
(a) State agency procurement and contracting officers, or their designees, from all agencies shall participate in annual mandatory training that is conducted by CalRecycle. The training may be web-based and shall provide a complete review of the benefits of SABRC purchases, how to locate qualifying products, how to report information, and how to explain benefits and requirements to other employees making purchasing decisions.

(b) If a state agency does not meet SABRC purchasing requirements in each product category, CalRecycle shall report the state agency to the department.

(c) In determining purchasing specifications, with the exception of any specifications that have been established to preserve the public health and safety, all state purchasing specifications shall be established in a manner that results in the maximum state purchase of recycled products.

(d) (1) If a recycled product, as defined in subdivision (h) of Section 12200, costs more than the same product made with virgin material, the state agency shall, if feasible, purchase fewer of those more costly products or apply the cost savings, if any, gained from buying other recycled products towards the purchase of those more costly products to meet the solid waste diversion goals of Section 41780.

(2) If a recycled product, as defined in subdivision (h) of Section 12200 has special performance requirements necessary for the protection of public safety, as defined by the Department of General Services, the state agency may purchase that product made with virgin material. For the purposes of this paragraph, public safety includes, but is not limited to, structural steel coatings, traffic paint applications, and roadway safety devices.

(e) Each state agency shall establish purchasing practices that ensure the purchase of goods and materials that may be recycled or reused. Each state agency shall continue activities for the collection, separation, and recycling of recyclable materials and may appoint a recycling coordinator to assist in implementing this section. Alternatively, a state contract may require that the vendor take back the product for proper management after it has been used. Upon request by a state agency, CalRecycle shall offer advice and recommendations regarding products and situations in which a take-back requirement is appropriate.

(f) To assist the state in meeting the requirements of this article, each state agency, and the department, in consultation with CalRecycle, may also establish recycled product-only bids, cooperative purchasing arrangements, or other mechanisms to meet the requirements for recycled products and to encourage the maximum state purchase of recycled products.

(g) The department, in consultation with CalRecycle, shall review and revise the purchasing specifications and contract documents used by state agencies in order to eliminate restrictive specifications and discrimination against the purchase of remanufactured or recycled products and to ensure that they are drafted in a manner that results in the maximum state purchase of remanufactured recycled products. All contract provisions impeding the consideration of recycled products shall be deleted in favor of performance standards. Remanufactured products shall conform to performance standards to ensure they are essentially equivalent to new products that perform the same function.

(h) (1) In order for state agencies to easily procure SABRC-compliant products, ensure their success in the program, and support the recycled content industry, the department and the California Correctional Training and Rehabilitation Authority shall prioritize the use of recycled content products.

(2) The department shall continue to make products that meet the SABRC postconsumer minimum percentage requirements available through statewide contracts, and provide information to state agencies regarding contracted products that meet these requirements.

(3) The California Correctional Training and Rehabilitation Authority, in collaboration with CalRecycle, shall make every attempt to procure parts that meet the SABRC postconsumer minimum percentage requirements for the products it creates and sells to state agencies.

(i) Any state agency that is required to submit an SABRC report to CalRecycle, pursuant to Section 12211, is subject to a review conducted by CalRecycle or its designee.

history: (History: Amended by Stats. 2025, Ch. 241, Sec. 66. (SB 857) Effective January 1, 2026.)


text: Unless otherwise provided, this chapter shall apply to all purchases made on behalf of the Legislature, whether made by the Senate Committee on Rules, the Assembly Committee on Rules, the Joint Rules Committee, or any other agency of the Legislature.

history: (History: Added by Stats. 1989, Ch. 1094, Sec. 11.)

article: 1. General Provisions

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 5. Recycled Product Procurement by the Legislature > 1. General Provisions


text:
The following definitions govern the interpretation of this chapter:

(a) “Department” means the Department of General Services.

(b) “Board” means the California Integrated Waste Management Board, as defined pursuant to Section 40110 of the Public Resources Code.

(c) “Recycled paper product” means all paper and woodpulp products containing postconsumer and secondary materials. “Postconsumer material” means a finished material that would normally be disposed of as a solid waste, having completed its life cycle as a consumer item. “Secondary material” means fragments of finished products or finished products of a manufacturing process, which has converted a virgin resource into a commodity of real economic value, and includes postconsumer material, but does not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls (mill broke), wood slabs, chips, sawdust, or other wood residue from a manufacturing process. “Recycled paper product” means a paper product with not less than 50 percent, by fiber weight, consisting of secondary and postconsumer material with not less than 10 percent of fiber weight consisting of postconsumer material.

For high speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, white wove envelopes, and for other uncoated printing and writing papers, such as writing and office paper, book paper, cotton fiber paper containing 25 to 75 percent cotton fiber, and cover stock, the minimum content standard shall be no less than 20 percent of fiber weight of postconsumer materials beginning December 31, 1994. The minimum content standard shall be increased to 30 percent of fiber weight of postconsumer materials beginning on December 31, 1998.

(d) (1) Except as provided in paragraph (2), “recycled product” means all materials, goods, and supplies, excluding paper products, no less than 50 percent of the total weight of which consists of secondary and postconsumer material with not less than 10 percent of its total weight consisting of postconsumer material. A recycled product shall include any product that could have been disposed of as solid waste having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of its form. “Postconsumer material” means a finished material that would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes. “Secondary material” means fragments of finished products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes postconsumer material, but does not include excess virgin resources of the manufacturing process.

(2) “Recycled product” also means other flat rolled steel products no less than 25 percent of the total weight of which consists of secondary and postconsumer material, with not less than 10 percent of total weight consisting of postconsumer material. Products made with flat rolled steel meeting these content percentages include, but are not limited to, automobiles, cans, appliances, and office furniture and supplies.

history: (History: Amended by Stats. 1996, Ch. 319, Sec. 4. Effective January 1, 1997.)

chapter: 5. Recycled Product Procurement by the Legislature

article: 1. General Provisions


text:
This chapter applies to the procurement and purchase of the following materials, goods, and supplies, or products containing the following recycled resources, and meeting the specified content requirements pursuant to either subdivision (c) or (d) of Section 12301, whichever is applicable:

(a) Paper products, that include, but are not limited to, fine grades of paper, corrugated boxes, newsprint, tissue, and toweling.

(b) Glass.

(c) Oil.

(d) Plastic.

(e) Solvents and paint, including water-based paint.

(f) Tires.

(g) Steel.

(h) Antifreeze.

history: (History: Amended by Stats. 2002, Ch. 363, Sec. 2. Effective January 1, 2003.)

article: 1. General Provisions


text: If a recycled product costs more than the same product made with virgin material, the Legislature shall purchase fewer of those more costly products or apply cost savings, if any, gained from buying other recycled products towards the purchase of those more costly products.

history: (History: Amended by Stats. 1999, Ch. 816, Sec. 3. Effective January 1, 2000.)

article: 1. General Provisions


text: This chapter does not apply to the procurement and purchase of asphalt concrete and portland cement concrete pavement.

article: 1. General Provisions


text:
(a) On and after January 1, 1997, at least 50 percent of the total dollar amount of paper products purchased or procured by the Legislature shall be purchased as a recycled paper product, as defined in Section 12301. In addition, at least 25 percent of the total fine writing and printing paper purchased by the Legislature shall be recycled paper products, as defined in Section 12301.

If at any time the requirement for recycled products has not been met, the Legislature and the department, in consultation with the board, shall review the procurement policies of the Legislature and shall make recommendations for immediate revisions to ensure that each requirement is met. Revisions include, but are not limited to, raising the purchasing preference and altering the requirements for each or all recycled products. The department, in consultation with the board, shall present its conclusions and recommendations on these revisions of procurement policies to the Legislature in the department’s biennial report pursuant to Section 12225.

(b) When contracting with the Legislature for the sale of recycled paper products, the contractor shall certify in writing to the contracting officer or his or her representative, that the recycled paper products offered contain the minimum percentage of waste materials required by subdivision (c) of Section 12301. The contractor shall specify the minimum, if not the exact, percentage of recycled product in the paper product, including both the secondary and postconsumer material content. This certification shall be furnished under penalty of perjury.

(c) The Legislature may, in consultation with the board, print a symbol on paper products selected by the Legislature. The symbol shall be similar to the following:

Printed on recycled paper. This symbol shall be printed only on paper products meeting the definition of recycled paper products in Section 12301.

(d) This section shall not prevent the Legislature from using existing stocks of paper products.

history: (History: Amended by Stats. 1999, Ch. 816, Sec. 4. Effective January 1, 2000.)

article: 2. Recycled Paper Products

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 5. Recycled Product Procurement by the Legislature > 2. Recycled Paper Products


text:
(a) The Legislature shall require contractors to certify in writing to the contracting officer, or his or her representative, whether the materials, goods, or supplies offered contain the minimum percentage of recycled product required by subdivision (d) of Section 12301. The contractor shall specify the minimum, if not exact, percentage of recycled product in the product, both the secondary and postconsumer material content. This certification shall be furnished under penalty of perjury.

(b) The Legislature, in consultation with the department and the board, shall review and revise the procurement specifications used by the Legislature in order to eliminate discrimination against the procurement or purchase of recycled products whenever quality of a recycled product is reasonably equal to the same product manufactured with virgin resources. In determining procurement specifications, with the exception of any specifications that have been established to preserve the public health and safety, all legislative procurement and purchasing specifications shall be established in a manner that results in the maximum legislative procurement and purchase of recycled products.

(c) The Legislature, in consultation with the board, shall establish purchasing practices that ensure, to the maximum extent feasible, the purchase of materials, goods, and supplies that may be recycled or reused when discarded.

(d) The Legislature shall give purchase preference to recycled products when all of the following apply:

(1) The product meets applicable standards.

(2) The product can be substituted for a comparable nonrecycled product.

(3) The product costs no more than a comparable nonrecycled product.

(e) To encourage the use of postconsumer waste, the Legislature’s specifications shall require recycled product contracts to be awarded to the bidder whose product contains the greater percentage of postconsumer material if the fitness and quality and price meet the requirements in subdivision (d) of Section 12301 and Section 12310.

(f) The Legislature shall set the following goals for purchases made by the Legislature or any individual or group of individuals purchasing on behalf of the Legislature:

(1) By January 1, 1991, at least 10 percent of legislative purchases are of recycled products.

(2) By January 1, 1993, at least 20 percent of legislative purchases are of recycled products.

(3) By January 1, 1995, at least 40 percent of legislative purchases are of recycled products.

(4) The goals specified in this subdivision shall be applied to the purchase by the Legislature of products described in subdivisions (b), (c), (d), (e), (f), and (g) of Section 12305 and shall be applied to the total dollar amount of the combined purchases of those products.

Each specified goal shall be met for each product listed pursuant to Section 12305. If at any time a goal has not been met, the Legislature and the department, in consultation with the board, shall review procurement policies of the Legislature and shall make recommendations for immediate revisions to ensure that each goal is met. Revisions include, but are not limited to, raising the purchasing preference and altering the goals for all or each recycled product. The department, in consultation with the board, shall present its conclusions and recommendations on these revisions of procurement policies to the Legislature in the department’s annual report pursuant to Section 12225.

history: (History: Amended by Stats. 1995, Ch. 427, Sec. 7. Effective January 1, 1996.)

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 5. Recycled Product Procurement by the Legislature > 3. Recycled Materials, Goods, and Supplies


text: For purposes of this chapter, “environmentally preferable purchasing” means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose. This comparison shall take into consideration, to the extent feasible, raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, safety, the needs of the purchaser, and cost.

history: (History: Added by Stats. 2002, Ch. 575, Sec. 2. Effective January 1, 2003.)

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 6. Environmentally Preferable Purchasing


text:
The Department of General Services, in consultation with the California Environmental Protection Agency, members of the public, industry, and public health and environmental organizations, shall provide state agencies with information and assistance regarding environmentally preferable purchasing including, but not limited to, the following:

(a) The promotion of environmentally preferable purchasing.

(b) The development and implementation of a strategy to increase environmentally preferable purchasing. This may include the development of statewide policies, guidelines, programs, and regulations.

(c) The coordination with other state and federal agencies, task forces, workgroups, regulatory efforts, research and data collection efforts, and other programs and services relating to environmentally preferable purchasing.

(d) The development and implementation, to the extent fiscally feasible, of training programs designed to instill the importance and value of environmentally preferable purchasing.

(e) The development, to the extent fiscally feasible, of an environmentally preferable purchasing best practices manual for state purchasing employees.

chapter: 6. Environmentally Preferable Purchasing


text: Within existing resources, the Department of General Services shall designate a single point of contact for state agencies, suppliers, and other interested parties to contact regarding environmentally preferable purchasing issues.


text: Nothing contained in this chapter shall prohibit, limit, or supersede recycled content requirements pursuant to any other provision of law.


text: Nothing contained in any policy regarding environmentally preferable purchasing may be construed as requiring the acquisition of goods or services that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time.


text: Manufacturers, vendors, or other nongovernmental entities contracting with the Department of General Services shall certify in writing that any environmental attribute claims they make concerning their products and services are consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms.


text: This chapter shall be known and may be cited as the Federal Laboratory Contracting Act.

history: (History: Added by Stats. 2006, Ch. 256, Sec. 1. Effective September 14, 2006.)

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 7. The Federal Laboratory Contracting Act


text:
The Legislature finds and declares all of the following:

(a) Technological advances are an important part of California’s economy and, therefore, it would be wise for state agencies to contract, in a facile and efficient manner, with federally funded Department of Energy (DOE) and National Aeronautics and Space Administration (NASA) research and development centers and NASA field centers located in California that are often at the forefront of science and technology.

(b) As the major funding agency and owner of several research and development centers located in California, DOE allows outside parties to contract with the centers but requires the centers, when initiating and finalizing any contracts with outside parties, to adhere to rigorous policies and procedures specified by federal laws and regulations. NASA adheres to similar federal laws and regulations when initiating and finalizing contracts between its research and development centers or field centers in California and outside parties. The State of California has its own laws, regulations, and procedures governing state contracts. The research and development centers and field centers owned or owned and operated by DOE and NASA have attempted to contract with state agencies and departments in California but have had minimal success. Conflicting provisions in federal and state laws, regulations, and policies, and seemingly unachievable compromises appear to be the major limiting factors in the successful negotiation of contracts between the federally funded centers and California state agencies and departments.

chapter: 7. The Federal Laboratory Contracting Act


text:
(a) The Governor shall designate the Secretary of State and Consumer Services as the state’s representative for purposes of communicating and negotiating with representatives of the United States Department of Energy, National Aeronautics and Space Administration, federally funded DOE and NASA research and development centers in California, and NASA field centers in California regarding any issue that may affect a contractual relationship between the state and these federal entities. The Secretary of State and Consumer Services may delegate this responsibility to the Director of the Department of General Services if the secretary views such delegation as necessary to advance the successful negotiation of contracts between the state and one or more of those federal entities.

(b) The Secretary of State and Consumer Services or his or her designee shall develop policies and procedures to encourage and enable the contracting process with federally funded DOE and NASA research and development centers and NASA field centers and shall develop model contract language that is available for use by any state agency or department in negotiating a contract with one of these centers. The Regents of the University of California shall not be considered a state agency for the purposes of this chapter, and specifically shall not be covered as prime contractor with the DOE for management of DOE laboratories.


text:
(a) Notwithstanding any other law, a state agency that enters into a prime contract with a federally funded DOE or NASA research and development center or NASA field center, or that enters into a prime contract with another entity that, in turn, issues a subcontract to a federally funded DOE or NASA research and development center or a NASA field center located in California may, if requested by the contracting party, make contract payments to the center for contracted services in advance.

(b) Notwithstanding any other law, a state agency that enters into a prime contract with a federally funded DOE or NASA research and development center or NASA field center, or that enters into a prime contract with another entity that, in turn, issues a subcontract to a federally funded DOE or NASA research and development center or NASA field center located in the state may not indemnify the center with respect to products liability, intellectual property, and general liability claims arising out of the activities to be carried out by the center pursuant to the contract.

(c) Notwithstanding any other law, a state agency shall not audit the records of any federally funded DOE or NASA research and development center or NASA field center, but the state agency may rely on the services of any cognizant federal audit agency, including the Defense Contract Audit Agency, the United States Government Accountability Office, the DOE Office of Inspector General, and the NASA Office of Inspector General, to satisfy auditing requirements.

(d) For purposes of this chapter:

(1) “Federally funded research and development center” means a federally funded research and development center as defined in Subpart 2.1 of Part 2 of Subchapter A of Chapter 1 of Title 48 of the Code of Federal Regulations.

(2) “NASA field center” means a field center identified as such by NASA and authorized by Title III of the Space Act of 1958.


text:
(a) Presentation of a claim pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code is not required to commence a legal action or arbitration proceeding for money or damages on a contract with the state, but any action or proceeding shall be commenced not later than six months after either of the following:

(1) The contracting agency’s final written decision under contract claim provisions.

(2) The accrual of the cause of action, if there are no contract claim provisions.

(b) This section shall not apply to a claim that is subject to the provisions of Section 10240.1.

history: (History: Amended by Stats. 2002, Ch. 438, Sec. 8. Effective January 1, 2003.)

chapter: 10. Claims and Disputes

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 10. Claims and Disputes


text:
(a) (1) The second lowest bidder, and any person, firm, association, trust, partnership, labor organization, corporation, or other legal entity which has, prior to the letting of the bids on the public works project in question, entered into a contract with the second lowest bidder, may bring an action in superior court if that entity suffers damages as a result of the bid of the second lowest bidder for any contract subject to this part not being accepted due to the successful bidder’s violation, as evidenced by the conviction of the successful bidder therefor, of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or of both.

(2) There shall be a rebuttable presumption that a successful bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or of both, was awarded the bid because that successful bidder was able to lower the bid due to this violation or these violations occurring on the contract for public work awarded by the public agency.

(b) In an action brought pursuant to this section, the court may award costs and reasonable attorney’s fees, in an amount to be determined in the court’s discretion, to the prevailing party.

(c) For purposes of an action brought pursuant to this section:

(1) Employee status shall be determined pursuant to Division 4 (commencing with Section 3200) of the Labor Code with respect to alleged violations of that division, pursuant to the Unemployment Insurance Code with respect to alleged violations of that code, or pursuant to Section 2750. 5 of the Labor Code with respect to alleged violations of either Division 4 (commencing with Section 3200) or of the Unemployment Insurance Code, or of both.

(2) “Second lowest bidder” means the second lowest qualified bidder deemed responsive by the public agency awarding the contract for public work.

(3) The “second lowest bidder” and the “successful bidder” may include any person, firm, association, corporation, or other legal entity.

(d) A second lowest bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or both, within one year prior to filing the bid for public work, and who has failed to take affirmative steps to correct that violation or those violations, is prohibited from taking any action authorized by this section.

history: (History: Added by Stats. 1991, Ch. 906, Sec. 2.)


text: Any contract related to the 2020 United States Census and entered into by the Government Operations Agency or the Office of Planning and Research is exempt from this part.

history: (History: Added by Stats. 2018, Ch. 455, Sec. 4. (SB 877) Effective September 17, 2018.)

chapter: 11. Exemptions

path: 2. GENERAL PROVISIONS > 2. CONTRACTING BY STATE AGENCIES > 11. Exemptions


text: This part may be cited as the California Judicial Branch Contract Law.

history: (History: Added by Stats. 2011, Ch. 10, Sec. 21. (SB 78) Effective March 24, 2011.)

path: 2. GENERAL PROVISIONS > 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES


text: The Legislature finds and declares that placing all public contract provisions for judicial branch entities in one part will make that law clearer and easier to find. Further, it is the intent of the Legislature in enacting this part to achieve the objectives as set forth in Sections 100, 101, and 102.

part: 2.5. CONTRACTING BY JUDICIAL BRANCH ENTITIES


text: This part shall apply to all contracts initially entered into or amended by judicial branch entities on or after October 1, 2011.


text:
(a) All judicial branch entities shall comply with the provisions of this code that are applicable to state agencies and departments related to the procurement of goods and services, including information technology goods and services. All contracts with total cost estimated at more than one million dollars ($1,000,000), except contracts covered by Section 68511.9 of the Government Code, shall be subject to the review and recommendations of the Bureau of State Audits to ensure compliance with this part. All judicial branch entities shall notify the State Auditor, in writing, of the existence of any such contracts within 10 business days of entering the contract. In addition, all administrative and infrastructure information technology projects of the Judicial Council or the courts with total costs estimated at more than five million dollars ($5,000,000) shall be subject to the reviews and recommendations of the California Technology Agency, as specified in Section 68511.9 of the Government Code.

(b) Except as provided in subdivision (c), procurement and contracting for the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of court facilities shall be conducted by judicial branch entities consistent with the relevant provisions of this code applicable to state agencies.

(c) Notwithstanding any other provision of law, this part does not apply to procurement and contracting by judicial branch entities that are related to trial court construction, including, but not limited to, the planning, design, construction, rehabilitation, renovation, replacement, lease, or acquisition of trial court facilities. However, this part shall apply to contracts for maintenance of all judicial branch facilities that are not under the operation and management of the Department of General Services.

(d) Only until the Judicial Council adopts the Judicial Branch Contracting Manual required pursuant to Section 19206, judicial branch entities shall instead be governed by applicable policies and procedures in the State Administrative Manual and the State Contracting Manual, or policies and procedures as otherwise required by law to be adopted by the Department of General Services applicable to state agencies.

history: (History: Amended by Stats. 2011, Ch. 36, Sec. 71. (SB 92) Effective June 30, 2011. Operative July 27, 2011, pursuant to Sec. 83 of Ch. 36, as amended by Stats. 2011, Ch. 136, Sec. 32.)


text:
(a) As used in this part, “judicial branch entity” means any superior court, court of appeal, the California Supreme Court, the Judicial Council, the Habeas Corpus Resource Center, or the Administrative Office of the Courts.

(b) Where there is a reference in this code to an officer or employee of a state agency, for purposes of this part, these terms shall refer to a member, judicial officer, officer, employee, or other person of a judicial branch entity, as applicable.


text: The Judicial Council shall adopt and publish no later than January 1, 2012, a Judicial Branch Contracting Manual incorporating procurement and contracting policies and procedures that must be followed by all judicial branch entities subject to this part. The policies and procedures shall include a requirement that each judicial branch entity shall adopt a local contracting manual for procurement and contracting for goods or services by that judicial branch entity. The policies and procedures in the manuals shall be consistent with this code and substantially similar to the provisions contained in the State Administrative Manual and the State Contracting Manual.


text: Except as provided in subdivision (a) of Section 19204 or as otherwise specifically required by law applicable to any judicial branch entity, nothing in this part is intended, nor shall it be construed, to require the approval, review, or involvement of any other state entity, including, but not limited to, the Department of General Services or the Secretary of California Technology, in the procurement of any judicial branch goods or services, including information technology goods or services.


text: Nothing in this part is intended, nor shall it be construed to permit, the application of provisions of this code that do not apply to state agencies and departments.


text:
(a) Notwithstanding Section 10231.5 of the Government Code, the Judicial Council shall annually provide a report to the Joint Legislative Budget Committee and the State Auditor that provides information related to contracts and payments for the trial courts pursuant to subdivisions (b) and (c). The report shall be provided no later than September 30 of each year, covering the state fiscal year ending June 30 of that year. Additionally, judicial branch entities using the Financial Information System for California (FISCal) shall participate with the state’s transparency effort by making their contract and payment information available for the state’s transparency websites on a rolling basis. For these entities, the judicial branch shall ensure their contract and payment information is entered in FISCal for the state transparency websites and for state department audit purposes.

(b) For the trial courts, payment data shall include a list of all vendors or contractors receiving payments during the reporting period. For each vendor or contractor receiving any payment during the reporting period, the report shall identify the amount of payment to the contractor or vendor, the type of service or good provided, and the judicial branch entity or entities with which the vendor or contractor was contracted to provide that service or good.

(c) For the trial courts, the report shall include all contracts and contract amendments made during the report period. The report shall identify the vendor or contractor, the type of service or good provided under the contract, and, if applicable, the nature of the amendment, the duration of the amendment, and the cost of the amendment.

history: (History: Amended by Stats. 2020, Ch. 36, Sec. 44. (AB 3364) Effective January 1, 2021.)


text:
(a) The California State Auditor shall do all of the following:

(1) On or before March 15, 2014, biennially thereafter, and every three years beginning in calendar year 2025, identify five judicial branch entities, excluding the Administrative Office of the Courts, for audit to assess the implementation of this part by the judicial branch entity based upon risk factors that include, but are not limited to, all of the following:

(A) Significant changes in legal or other requirements that have occurred that impact compliance with this part.

(B) The amount of time since the last audit performed of the identified judicial branch entity to assess its implementation and compliance with this part.

(C) Previous audit results or known deficiencies.

(D) Significant or unusual changes in management or high employee turnover.

(E) The complexity and size of the judicial branch entity.

(F) The level of sophistication and complexity of existing contracting practices and procedures.

(G) The total volume and type of procurement made by the judicial branch entity compared with overall judicial branch procurement.

(H) Substantial changes in total procurements, including, but not limited to, number and allotted amount, from one year to the next.

(2) On or before March 15 of the year in which the judicial branch entities are identified pursuant to paragraph (1), notify the Joint Legislative Budget Committee and the Joint Legislative Audit Committee of the five judicial branch entities identified and the estimated cost to conduct an audit of each judicial branch entity.

(3) On or before July 1 of the year in which the judicial branch entities are identified, commence an audit of each identified judicial branch entity, subject to an appropriation for this audit whereby moneys are allocated in the annual Budget Act to one or more funds that are available for use by judicial branch entities. Upon completion of the final audit report, as identified in paragraph (4), the Administrative Office of the Courts shall reimburse the California State Auditor for the actual costs of the work performed.

(4) Provide the judicial branch entity with a reasonable opportunity to respond to the findings of the audit. An audit report shall not be considered final until this opportunity is provided and any response is included or incorporated into the audit report.

(5) On or before January 15 of the fiscal year for which the appropriation for the audit was made, report the judicial branch entity audit findings, including any response by the judicial branch entity, to the judicial branch entity, the Legislature, the Judicial Council, and the Department of Finance.

(6) Annually provide updates to the Legislature on the status of the judicial branch entity implementation of an audit recommendation.

(b) If, on or before March 15 of the year in which the judicial branch entities are identified pursuant to subdivision (a), the California State Auditor identifies, on the basis of the risk factors described in subdivision (a), judicial branch entities for audit in addition to the five identified pursuant to subdivision (a) and notifies the Joint Legislative Budget Committee and the Joint Legislative Audit Committee of these additional entities, along with the estimated cost of each audit, and an appropriation is made for this purpose in the same manner as described in paragraph (3) of subdivision (a), the California State Auditor shall then audit the additional judicial branch entities and provide a final audit report as described in paragraphs (4) and (5) of subdivision (a).

(c) On or before July 1, 2015, biennially thereafter, and every three years beginning in calendar year 2025, the California State Auditor shall commence an audit of the Administrative Office of the Courts, to assess the implementation of, and compliance with, this part, subject to an appropriation by the Legislature to the Judicial Council for transfer to the State Audit Fund for this purpose, and provide a final audit report in the manner described in paragraphs (4) and (5) of subdivision (a).

(d) The California State Auditor may follow up on a prior audit finding at any time.

(e) The California State Auditor shall conduct an audit pursuant to this section in accordance with Chapter 6.5 (commencing with Section 8543) of Division 1 of Title 2 of the Government Code. Pursuant to Section 8546.2 of the Government Code, the California State Auditor shall request updates from an audited judicial branch entity regarding its progress in implementing audit recommendations made pursuant to this section. The audited judicial branch entity shall provide these updates at intervals prescribed by the California State Auditor so that the California State Auditor may conduct appropriate followup activities.

(f) Moneys that have been transferred to the State Audit Fund pursuant to this section to audit a specific judicial branch entity, but have not been expended by the California State Auditor at the time the California State Auditor provides its final audit report for that judicial branch entity, shall revert back to the fund from which the moneys were transferred.

(g) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(h) If the California State Auditor is selected as the auditing entity pursuant to subdivision (j) of Section 77206 of the Government Code, then the California State Auditor may combine the results of an audit of a trial court conducted pursuant to that section with an audit of the same trial court conducted pursuant to this section. The California State Auditor may also combine the results of an audit of the Administrative Office of the Courts pursuant to Section 77206 of the Government Code with the results of an audit of the Administrative Office of the Courts pursuant to this section.

history: (History: Amended by Stats. 2024, Ch. 837, Sec. 2. (AB 2628) Effective January 1, 2025.)


text: This chapter may be cited as the Local Agency Public Construction Act.

history: (History: Added by Stats. 1982, Ch. 465, Sec. 11.)

part: 3. CONTRACTING BY LOCAL AGENCIES

chapter: 1. Local Agency Public Construction Act

article: 1. Title

path: 2. GENERAL PROVISIONS > 3. CONTRACTING BY LOCAL AGENCIES > 1. Local Agency Public Construction Act > 1. Title


text:
(a) Except as provided in Section 20111.5, a public entity subject to this part may require that each prospective bidder for a contract complete and submit to the entity a standardized questionnaire and financial statement in a form specified by the entity, including a complete statement of the prospective bidder’s experience in performing public works. The standardized questionnaire may not require prospective bidders to disclose any violations of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code committed prior to January 1, 1998, if a violation was based on a subcontractor’s failure to comply with these provisions and the bidder had no knowledge of the subcontractor’s violations. The Department of Industrial Relations, in collaboration with affected agencies and interested parties, shall develop model guidelines for rating bidders, and draft the standardized questionnaire, that may be used by public entities for the purposes of this part. The Department of Industrial Relations, in developing the standardized questionnaire, shall consult with affected public agencies, cities and counties, the construction industry, the surety industry, and other interested parties. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection; however, records of the names of contractors applying for prequalification status shall be public records subject to disclosure under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

(b) Any public entity requiring prospective bidders to complete and submit questionnaires and financial statements, as described in subdivision (a), shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, in order to determine both the minimum requirements permitted for qualification to bid, and the type and size of the contracts upon which each bidder shall be deemed qualified to bid. The uniform system of rating prospective bidders shall be based on objective criteria.

(c) A public entity may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly basis and a prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification.

(d) Any public entity requiring prospective bidders on a public works project to prequalify pursuant to this section shall establish a process that will allow prospective bidders to dispute their proposed prequalification rating prior to the closing time for receipt of bids. The appeal process shall include the following:

(1) Upon request of the prospective bidder, the public entity shall provide notification to the prospective bidder in writing of the basis for the prospective bidder’s disqualification and any supporting evidence that has been received from others or adduced as a result of an investigation by the public entity.

(2) The prospective bidder shall be given the opportunity to rebut any evidence used as a basis for disqualification and to present evidence to the public entity as to why the prospective bidder should be found qualified.

(3) If the prospective bidder chooses not to avail itself of this process, the proposed prequalification rating may be adopted without further proceedings.

(e) For the purposes of subdivision (a), a financial statement shall not be required from a contractor who has qualified as a Small Business Administration entity pursuant to paragraph (1) of subdivision (d) of Section 14837 of the Government Code, when the bid is no more than 25 percent of the qualifying amount provided in paragraph (1) of subdivision (d) of Section 14837 of the Government Code.

(f) Nothing in this section shall preclude an awarding agency from prequalifying or disqualifying a subcontractor. The disqualification of a subcontractor by an awarding agency does not disqualify an otherwise prequalified contractor.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 360. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 1. Title


text:
Notwithstanding any other provision of this part to the contrary, where plans and specifications have been prepared by a public agency, whose activities are subject to this part, in order for a public project to be put out for formal or informal bid, and, subsequently, the public agency elects to perform the work by day’s labor, the public agency shall perform the work in strict accordance with these same plans and specifications.

Revisions of the plans and specifications may be made once a justification detailing the specific reasons for the change or changes has been approved by the public agency or its project director and a copy of the change and its justification is placed in the project file.

history: (History: Amended by Stats. 1990, Ch. 694, Sec. 9.)

article: 1. Title


text: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

history: (History: Added by renumbering Section 20104 by Stats. 1990, Ch. 1414, Sec. 1.)

article: 1. Title


text:
(a) (1) Any local agency subject to this chapter shall, in the procurement of architectural design services requiring an expenditure in excess of ten thousand dollars ($10,000), include in any request for proposals for those services or invitations to bid from a prequalified list for a specific project a disclosure of any contract provision that would require the contracting architect to indemnify and hold harmless the local agency against any and all liability, whether or not caused by the activity of the contracting architect.

(2) The disclosure statement shall be prominently set forth in bold type.

(b) In the event a local agency fails to comply with paragraph (1) of subdivision (a), that local agency shall (1) be precluded from requiring the selected architect to agree to any contract provision requiring the selected architect to indemnify or hold harmless the local agency against any and all liability not caused by the activity of the selected architect, (2) cease discussions with the selected architect and reopen the request for proposals or invitations to bid from a qualification list, or (3) mutually agree to an indemnity clause acceptable to both parties.

(c) This section shall become operative on July 1, 1998.

history: (History: Added by Stats. 1997, Ch. 722, Sec. 1. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.)

article: 1. Title


text: A local agency subject to this chapter taking bids for the construction of a public work or improvement shall, upon request from a contractor plan room service, provide an electronic copy of a project’s contract documents at no charge to the contractor plan room.

history: (History: Added by Stats. 2010, Ch. 371, Sec. 2. (AB 2036) Effective January 1, 2011.)

article: 1. Title


text:
A local agency may require a bid for a public works contract to include prices for items that may be added to, or deducted from, the scope of work in the contract for which the bid is being submitted. 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 a specification, only the method provided by subdivision (a) will be used:

(a) The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items.

(b) 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.

(c) 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 local agency before the first bid is opened.

(d) 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.

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 local agency from adding to or deducting from the contract any of the additive or deductive items after the lowest responsible bidder has been determined.

(e) Nothing in this section shall preclude the prequalification of subcontractors.

history: (History: Amended by Stats. 2003, Ch. 62, Sec. 243. Effective January 1, 2004.)

article: 1.3. Award of Contracts

path: 2. GENERAL PROVISIONS > 3. CONTRACTING BY LOCAL AGENCIES > 1. Local Agency Public Construction Act > 1.3. Award of Contracts