6100-6615
PUBLIC CONTRACT CODE
SECTION 6100-6615
6100. (a) Any state agency or department, as defined in Section
10357, which is subject to this code, shall, prior to awarding a
contract for work to be performed by a contractor, as defined by
Section 7026 of the Business and Professions Code, verify with the
Contractors' State License Board that the person seeking the contract
is licensed in a classification appropriate to the work to be
undertaken. Verification as required by this section need only be
made once every two years with respect to the same contractor.
(b) In lieu of the verification, the state entity may require the
person seeking the contract to present his or her pocket license or
certificate of licensure and provide a signed statement which swears,
under penalty of perjury, that the pocket license or certificate of
licensure presented is his or hers, is current and valid, and is in a
classification appropriate to the work to be undertaken.
6101. No state agency or department, as defined in Section 10357,
that is subject to this code, shall award a public works or purchase
contract to a bidder or contractor, nor shall a bidder or contractor
be eligible to bid for or receive a public works or purchase
contract, who has, in the preceding five years, been convicted of
violating a state or federal law respecting the employment of
undocumented aliens.
6106. (a) Any state agency or department, which is subject to this
code, shall follow this section in negotiating fees and executing a
contract for professional consulting services of a private
architectural, engineering, land surveying, environmental, or
construction project management firm.
(b) After providing notification to the successful firm of its
selection, the state shall provide written instructions for the
negotiations which are to follow. These instructions shall provide
the private consulting firm with necessary information which shall
allow the negotiations to proceed in an orderly fashion. Negotiations
shall begin within 14 days after the successful firm has been
notified of its selection or upon receipt of the cost proposal. The
contractor should be notified if additional time is necessary to
begin negotiations.
(c) Upon the completion of negotiations, the state and the private
firm shall proceed to execute a contract so that the contract may be
completed by the state within 45 days. The contractor should be
notified if additional time is necessary to complete the contract.
The state and private firm shall work together to ensure the
successful delivery of the requested services in a timely fashion.
(d) In the event that an impasse is reached in negotiations, the
state agency or department may terminate negotiations and enter into
negotiations with the next most qualified firm as prescribed in
Section 4528 of the Government Code.
6106.5. (a) "State agency," as used in this section, means those
departments defined in Section 10106 of the Public Contract Code.
(b) "Contractor," as used in this section, means "firm,"
"architectural, landscape architectural, engineering, environmental,
and land surveying services," "construction project management," and
"environmental services" as defined in Section 4525 of the Government
Code.
(c) State agencies shall include a provision in solicitations and
in contracts, if the estimated amount to be retained exceeds ten
thousand dollars ($10,000), and the retention continues for a period
of 60 days beyond the completion of phased services, to permit, upon
written request and the expense of the contractor, the payment of
retentions earned directly to a state- or federally chartered bank in
this state, as the escrow agent. The contractor may direct the
investment of the payments into securities, pursuant to subdivision
(d), and the contractor shall receive the interest earned on the
investments. Upon satisfactory completion of the contract, the
contractor shall receive from the escrow agent all securities,
interest, and payments received by the escrow agent from the owner,
pursuant to the terms of this section. State agencies, relative to
contracts entered into prior to the enactment of this section, upon
written request of the contractor, and subject to the approval of the
state agency, may utilize the provisions of this section.
(d) Securities eligible for investment under this section shall
include those listed in Section 16430 of the Government Code,
interest-bearing demand deposit accounts, or any other investment
mutually agreed to by the contractor and the state agency.
(e) (1) Any contractor who elects to receive interest on moneys
withheld in retention by a state agency shall, at the request of any
subcontractor, make that option available to the subcontractor
regarding any moneys withheld in retention by the contractor from the
subcontractor. If the contractor elects to receive interest on any
moneys withheld in retention by a state agency, then the
subcontractor shall receive the identical rate of interest received
by the contractor on any retention moneys withheld from the
subcontractor by the contractor, less any actual pro rata costs
associated with administering and calculating that interest. In the
event that the interest rate is a fluctuating rate, the rate for the
subcontractor shall be determined by calculating the interest rate
paid during the time that retentions were withheld from the
subcontractor. If the contractor elects to substitute securities in
lieu of retention, then, by mutual consent of the contractor and
subcontractor, the subcontractor may substitute securities in
exchange for the release of moneys held in retention by the
contractor.
(2) This subdivision shall apply only to those subcontractors
performing more than 5 percent of the contractor's total fee.
(3) No contractor shall require any subcontractor to waive any
provision of this section.
(f) An escrow agreement used pursuant to this section shall be
null, void, and unenforceable unless it is substantially similar to
the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS
This Escrow Agreement is made and entered into
by and between
_________________________________________________
whose address is_________________________________
hereinafter called "owner,"______________________
whose address is_________________________________
hereinafter called "contractor," and_____________
whose address is_________________________________
hereinafter called "escrow agent."
(1) Pursuant to Section 6106.5 of the Public Contract Code of the
State of California, upon written request of the contractor, the
owner shall make payments of retention earnings required to be
withheld by the owner pursuant to the professional consulting
services agreement entered into between the owner and contractor for
____ in the amount of ____ dated ____ hereafter referred to as the
"contract."
(2) When the owner makes payment of retentions earned directly to
the escrow agent, the escrow agent shall hold them for the benefit of
the contractor until such time as the escrow created under this
contract is terminated. The contractor may direct the investment of
the payments into securities pursuant to Section 6106.5(d) of the
Public Contract Code. All terms and conditions of this agreement and
the rights and responsibilities of the parties shall be equally
applicable and binding when the owner pays the escrow agent directly.
(3) The contractor shall be responsible for paying all fees for
the expenses incurred by the escrow agent in administering the escrow
account. These expenses and payment terms shall be determined by the
contractor and escrow agent.
(4) The contractor shall have the right to withdraw all or any
part of the principal or interest in the escrow account only by
written notice to the escrow agent accompanied by written
authorization from the owner to the escrow agent that the owner
consents to the withdrawal of the amount sought to be withdrawn by
contractor.
(5) The owner shall have a right to draw upon the escrow account
in the event of default by the contractor. Upon seven days' written
notice to the escrow agent from the owner of the default, the escrow
agent shall immediately distribute the cash as instructed by the
owner.
(6) Upon receipt of written notification from the owner certifying
that the contract is final and complete, and that the contractor has
complied with all requirements and procedures applicable to the
contract, the escrow agent shall release to the contractor all
deposits and interest on deposits less escrow fees and charges of the
escrow account. The escrow shall be closed immediately upon
disbursement of all moneys on deposit and payments of fees and
charges.
(7) The escrow agent shall rely on the written notifications from
the owner and the contractor pursuant to Sections (1) to (6),
inclusive, of this agreement and the owner and contractor shall hold
the escrow agent harmless from the escrow agent's release,
conversion, and disbursement of the securities and interest as set
forth above.
(8) The names of the persons who are authorized to give written
notice or to receive written notice on behalf of the owner and on
behalf of the contractor in connection with the foregoing, and
exemplars of their respective signatures are as follows:
On behalf of the owner: On behalf of the
contractor:
_________________________ ________________________
Title Title
________________________
_________________________
Name
Name
_________________________ ________________________
Address
Address
_________________________ ________________________
On behalf of the escrow
agent:
_________________________
Title
_________________________
Name
_________________________
Signature
_________________________
Address
_________________________
At the time the escrow account is opened, the owner and contractor
shall deliver to the escrow agent a fully executed counterpart of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by
their proper officers on the date first set forth above.
Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
________________________ _________________________
6107. (a) As used in this section, "California company" means a
sole proprietorship, partnership, joint venture, corporation, or
other business entity that was a licensed California contractor on
the date when bids for the public contract were opened and meets one
of the following:
(1) Has its principal place of business in California.
(2) Has its principal place of business in a state in which there
is no local contractor preference on construction contracts.
(3) Has its principal place of business in a state in which there
is a local contractor construction preference and the contractor has
paid not less than five thousand dollars ($5,000) in sales or use
taxes to California for construction related activity for each of the
five years immediately preceding the submission of the bid.
(b) (1) When awarding contracts for construction, a state agency
shall grant a California company a reciprocal preference as against a
nonresident contractor from any state that gives or requires a
preference to be given contractors from that state on its public
entity construction contracts.
(2) The amount of the reciprocal preference shall be equal to the
amount of the preference applied by the state of the nonresident
contractor with the lowest responsive bid, except where the resident
contractor is eligible for a California small business preference, in
which case the preference applied shall be the greater of the two,
but not both.
(3) If the contractor submitting the lowest responsive bid is not
a California company and has its principal place of business in any
state that gives or requires the giving of a preference on its public
entity construction contracts to contractors from that state, and if
a California company has also submitted a responsive bid, and, with
the benefit of the reciprocal preference, the California company's
bid is equal to or less than the original lowest responsive bid, the
public entity shall award the contract to the California company at
its submitted bid price.
(c) (1) The bidder shall certify, under penalty of perjury, that
the bidder qualifies as a California company.
(2) A nonresident contractor shall, at the time of bidding,
disclose to the awarding agency any and all bid preferences provided
to the nonresident contractor by the state or country in which the
nonresident contractor has its principal place of business.
(d) The reciprocal preference is waived if the certification
described in paragraph (1) of subdivision (c) does not appear on the
bid.
(e) This section does not apply if application of this section
might jeopardize the receipt of federal funds or the nonresident
contractor certifies, under penalty of perjury, in its bid that its
state of residency does not give a preference for contractors from
that state on its public entity construction contracts.
(f) "Construction related activity" shall include, without
limitation, any activity for which a California contractors' license
is required.
6108. (a) (1) Every contract entered into by any state agency for
the procurement or laundering of apparel, garments, or corresponding
accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, shall
require that a contractor certify that no apparel, garments,
corresponding accessories, equipment, materials, or supplies
furnished to the state pursuant to the contract have been laundered
or produced in whole or in part by sweatshop labor, forced labor,
convict labor, indentured labor under penal sanction, abusive forms
of child labor, or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor,
indentured labor under penal sanction, abusive forms of child labor,
or exploitation of children in sweatshop labor. The contractor shall
agree to comply with this provision of the contract.
(2) The contract shall specify that the contractor is required to
cooperate fully in providing reasonable access to the contractor's
records, documents, agents, employees, or premises if reasonably
required by authorized officials of the contracting agency, the
Department of Industrial Relations, or the Department of Justice
determine the contractor's compliance with the requirements under
paragraph (1).
(b) (1) Any contractor contracting with the state who knew or
should have known that the apparel, garments, corresponding
accessories, equipment, materials, or supplies furnished to the state
were laundered or produced in violation of the conditions specified
in subdivision (a) when entering into a contract pursuant to
subdivision (a), may, subject to subdivision (c), have any or all of
the following sanctions imposed:
(A) The contract under which the prohibited apparel, garments, or
corresponding accessories, equipment, materials, or supplies were
laundered or provided may be voided at the option of the state agency
to which the equipment, materials, or supplies were provided.
(B) The contractor may be assessed a penalty that shall be the
greater of one thousand dollars ($1,000) or an amount equaling 20
percent of the value of the apparel, garments, corresponding
accessories, equipment, materials, or supplies that the state agency
demonstrates were produced in violation of the conditions specified
in paragraph (1) of subdivision (a) and that were supplied to the
state agency under the contract.
(C) The contractor may be removed from the bidder's list for a
period not to exceed 360 days.
(2) Any moneys collected pursuant to this subdivision shall be
deposited into the General Fund.
(c) (1) When imposing the sanctions described in subdivision (b),
the contracting agency shall notify the contractor of the right to a
hearing, if requested, within 15 days of the date of the notice. The
hearing shall be before an administrative law judge of the Office of
Administrative Hearings in accordance with the procedures specified
in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code. The administrative law judge shall
take into consideration any measures the contractor has taken to
ensure compliance with this section, and may waive any or all of the
sanctions if it is determined that the contractor has acted in good
faith.
(2) The agency shall be assessed the cost of the administrative
hearing, unless the agency has prevailed in the hearing, in which
case the contractor shall be assessed the cost of the hearing.
(d) (1) Any state agency that investigates a complaint against a
contractor for violation of this section may limit its investigation
to evaluating the information provided by the person or entity
submitting the complaint and the information provided by the
contractor.
(2) Whenever a contracting officer of the contracting agency has
reason to believe that the contractor failed to comply with paragraph
(1) of subdivision (a), the agency shall refer the matter for
investigation to the head of the agency and, as the head of the
agency determines appropriate, to either the Director of Industrial
Relations or the Department of Justice.
(e) (1) For purposes of this section, "forced labor" shall have
the same meaning as in Section 1307 of Title 19 of the United States
Code.
(2) "Abusive forms of child labor" means any of the following:
(A) All forms of slavery or practices similar to slavery, such as
the sale and trafficking of children, debt bondage, and serfdom and
forced or compulsory labor, including forced or compulsory
recruitment of children for use in armed conflict.
(B) The use, procuring, or offering of a child for prostitution,
for the production of pornography, or for pornographic performances.
(C) The use, procuring, or offering of a child for illicit
activities, in particular for the production and trafficking of
illicit drugs.
(D) All work or service exacted from or performed by any person
under the age of 18 years either under the menace of any penalty for
its nonperformance and for which the worker does not offer oneself
voluntarily, or under a contract, the enforcement of which can be
accomplished by process or penalties.
(E) All work or service exacted from or performed by a child in
violation of all applicable laws of the country of manufacture
governing the minimum age of employment, compulsory education, and
occupational health and safety.
(3) "Exploitation of children in sweatshop labor" means all work
or service exacted from or performed by any person under the age of
18 years in violation of more than one law of the country of
manufacture governing wage and benefits, occupational health and
safety, nondiscrimination, and freedom of association.
(4) "Sweatshop labor" means all work or service exacted from or
performed by any person in violation of more than one law of the
country of manufacture governing wages, employee benefits,
occupational health, occupational safety, nondiscrimination, or
freedom of association.
(5) "Apparel, garments, or corresponding accessories" includes,
but is not limited to, uniforms.
(6) Notwithstanding any other provision of this section, "forced
labor" and "convict labor" do not include work or services performed
by an inmate or a person employed by the Prison Industry Authority.
(7) "State agency" means any state agency in this state.
(f) (1) On or before February 1, 2004, the Department of
Industrial Relations shall establish a contractor responsibility
program, including a Sweatfree Code of Conduct, to be signed by all
bidders on state contracts and subcontracts. Any state agency
responsible for procurement shall ensure that the Sweatfree Code of
Conduct is available for public review at least 30 calendar days
between the dates of receipt and the final award of the contract. The
Sweatfree Code of Conduct shall list the requirements that
contractors are required to meet, as set forth in subdivision (g).
(2) Upon implementation in the manner described in paragraph (4),
every contract entered into by any state agency for the procurement
or laundering of apparel, garments, or corresponding accessories, or
for the procurement of equipment or supplies, shall require that the
contractor certify in accordance with the Sweatfree Code of Conduct
that no apparel, garments, or corresponding accessories, or
equipment, materials, or supplies, furnished to the state pursuant to
the contract have been laundered or produced, in whole or in part,
by sweatshop labor.
(3) The appropriate procurement agency, in consultation with the
Director of Industrial Relations, shall employ a phased and targeted
approach to implementing the Sweatfree Code of Conduct. Sweatfree
Code of Conduct procurement policies involving apparel, garments, and
corresponding accessories may be permitted a phasein period of up to
one year for purposes of feasibility and providing sufficient notice
to contractors and the general public. The appropriate procurement
agency, in consultation with the Director of Industrial Relations,
shall target other procurement categories based on the magnitude of
verified sweatshop conditions and the feasibility of implementation,
and may set phasein goals and timetables of up to three years to
achieve compliance with the principles of the Sweatfree Code of
Conduct.
(4) In order to facilitate compliance with the Sweatfree Code of
Conduct, the Department of Industrial Relations shall explore
mechanisms employed by other governmental entities, including, but
not limited to, New Jersey Executive Order 20, of 2002, to ensure
that businesses that contract with this state are in compliance with
this section and any regulations or requirements promulgated in
conformance with this section, as amended by Section 2 of Chapter 711
of the Statutes of 2003. The mechanisms explored may include, but
not be limited to, authorization to contract with a competent
nonprofit organization that is neither funded nor controlled, in
whole or in part, by a corporation that is engaged in the procurement
or laundering of apparel, garments, or corresponding accessories, or
the procurement of equipment, materials, or supplies. The Department
of Industrial Relations, in complying with this paragraph, shall
also consider any feasible and cost-effective monitoring measures
that will encourage compliance with the Sweatfree Code of Conduct.
(5) To ensure public access and confidence, the Department of
Industrial Relations shall ensure public awareness and access to
proposed contracts by postings on the Internet and through
communication to advocates for garment workers, unions, and other
interested parties. The appropriate agencies shall establish a
mechanism for soliciting and reviewing any information indicating
violations of the Sweatfree Code of Conduct by prospective or current
bidders, contractors, or subcontractors. The agencies shall make
their findings public when they reject allegations against bidding or
contracting parties.
(6) Contractors shall ensure that their subcontractors comply in
writing with the Sweatfree Code of Conduct, under penalty of perjury.
Contractors shall attach a copy of the Sweatfree Code of Conduct to
the certification required by subdivision (a).
(g) No state agency may enter into a contract with any contractor
unless the contractor meets the following requirements:
(1) Contractors and subcontractors in California shall comply with
all appropriate state laws concerning wages, workplace safety,
rights to association and assembly, and nondiscrimination standards
as well as appropriate federal laws. Contractors based in other
states in the United States shall comply with all appropriate laws of
their states and appropriate federal laws. For contractors whose
locations for manufacture or assembly are outside the United States,
those contractors shall ensure that their subcontractors comply with
the appropriate laws of countries where the facilities are located.
(2) Contractors and subcontractors shall maintain a policy of not
terminating any employee except for just cause, and employees shall
have access to a mediator or to a mediation process to resolve
certain workplace disputes that are not regulated by the National
Labor Relations Board.
(3) Contractors and subcontractors shall ensure that workers are
paid, at a minimum, wages and benefits in compliance with applicable
local, state, and national laws of the jurisdiction in which the
labor, on behalf of the contractor or subcontractor, is performed.
Whenever a state agency expends funds for the procurement or
laundering of apparel, garments, or corresponding accessories, or the
procurement of equipment, materials, or supplies, other than
procurement related to a public works contract, the applicable labor
standards established by the local jurisdiction through the exercise
of either local police powers or local spending powers in which the
labor, in compliance with the contract or purchase order for which
the expenditure is made, is performed shall apply with regard to the
contract or purchase order for which the expenditure is made, unless
the applicable local standards are in conflict with, or are
explicitly preempted by, state law. A state agency may not require,
as a condition for the receipt of state funds or assistance, that a
local jurisdiction refrain from applying the labor standards that are
otherwise applicable to that local jurisdiction. The Department of
Industrial Relations may, without incurring additional expenses,
access information from any nonprofit organization, including, but
not limited to, the World Bank, that gathers and disseminates data
with respect to wages paid throughout the world, to allow the
Department of Industrial Relations to determine whether contractors
and subcontractors are compensating their employees at a level that
enables those employees to live above the applicable poverty level.
(4) All contractors and subcontractors shall comply with the
overtime laws and regulations of the country in which their employees
are working.
(5) All overtime hours shall be worked voluntarily. Workers shall
be compensated for overtime at either (A) the rate of compensation
for regular hours of work, or (B) as legally required in the country
of manufacture, whichever is greater.
(6) No person may be employed who is younger than the legal age
for children to work in the country in which the facility is located.
In no case may children under the age of 15 years be employed in the
manufacturing process. Where the age for completing compulsory
education is higher than the standard for the minimum age of
employment, the age for completing education shall apply to this
section.
(7) There may be no form of forced labor of any kind, including
slave labor, prison labor, indentured labor, or bonded labor,
including forced overtime hours.
(8) The work environment shall be safe and healthy and, at a
minimum, be in compliance with relevant local, state, and national
laws. If residential facilities are provided to workers, those
facilities shall be safe and healthy as well.
(9) There may be no discrimination in hiring, salary, benefits,
performance evaluation, discipline, promotion, retirement, or
dismissal on the basis of age, sex, pregnancy, maternity leave
status, marital status, race, nationality, country of origin, ethnic
origin, disability, sexual orientation, gender identity, religion, or
political opinion.
(10) No worker may be subjected to any physical, sexual,
psychological, or verbal harassment or abuse, including corporal
punishment, under any circumstances, including, but not limited to,
retaliation for exercising his or her right to free speech and
assembly.
(11) No worker may be forced to use contraceptives or take
pregnancy tests. No worker may be exposed to chemicals, including
glues and solvents, that endanger reproductive health.
(12) Contractors and bidders shall list the names and addresses of
each subcontractor to be utilized in the performance of the
contract, and list each manufacturing or other facility or operation
of the contractor or subcontractor for performance of the contract.
The list, which shall be maintained and updated to show any changes
in subcontractors during the term of the contract, shall provide
company names, owners or officers, addresses, telephone numbers,
e-mail addresses, and the nature of the business association.
(h) Any person who certifies as true any material matter pursuant
to this section that he or she knows to be false is guilty of a
misdemeanor.
(i) The provisions of this section, as amended by Section 2 of
Chapter 711 of the Statutes of 2003, shall be in addition to any
other provisions that authorize the prosecution and enforcement of
local labor laws and may not be interpreted to prohibit a local
prosecutor from bringing a criminal or civil action against an
individual or business that violates the provisions of this section.
(j) (1) The certification requirements set forth in subdivisions
(a) and (f) do not apply to a credit card purchase of goods of two
thousand five hundred dollars ($2,500) or less.
(2) The total amount of exemption authorized herein shall not
exceed seven thousand five hundred dollars ($7,500) per year for each
company from which a state agency is purchasing goods by credit
card. It shall be the responsibility of each state agency to monitor
the use of this exemption and adhere to these restrictions on these
purchases.
6109. (a) A public entity, as defined in Section 1100, may not
permit a contractor or subcontractor who is ineligible to bid or work
on, or be awarded, a public works project pursuant to Section 1777.1
or 1777.7 of the Labor Code to bid on, be awarded, or perform work
as a subcontractor on, a public works project. Every public works
project shall contain a provision prohibiting a contractor from
performing work on a public works project with a subcontractor who is
ineligible to perform work on the public works project pursuant to
Section 1777.1 or 1777.7 of the Labor Code.
(b) Any contract on a public works project entered into between a
contractor and a debarred subcontractor is void as a matter of law. A
debarred subcontractor may not receive any public money for
performing work as a subcontractor on a public works contract, and
any public money that may have been paid to a debarred subcontractor
by a contractor on the project shall be returned to the awarding
body. The contractor shall be responsible for the payment of wages to
workers of a debarred subcontractor who has been allowed to work on
the project.
6610. Notice inviting formal bids for projects by a public agency
that include a requirement for any type of mandatory prebid
conference, site visit, or meeting shall include the time, date, and
location of the mandatory prebid site visit, conference or meeting,
and when and where project documents, including final plans and
specifications are available. Any mandatory prebid site visit,
conference or meeting shall not occur within a minimum of five
calendar days of the publication of the initial notice. This
provision shall not apply to the Regents of the University of
California.
6611. (a) Notwithstanding any other provision of law, the
Department of General Services may, relative to contracts for goods,
services, information technology, and telecommunications, use a
negotiation process if the department finds that one or more of the
following conditions exist:
(1) The business need or purpose of a procurement or contract can
be further defined as a result of a negotiation process.
(2) The business need or purpose of a procurement or contract is
known by the department, but a negotiation process may identify
different types of solutions to fulfill this business need or
purpose.
(3) The complexity of the purpose or need suggests a bidder's
costs to prepare and develop a solicitation response are extremely
high.
(4) The business need or purpose of a procurement or contract is
known by the department, but negotiation is necessary to ensure that
the department is receiving the best value or the most cost-efficient
goods, services, information technology, and telecommunications.
(b) When it is in the best interests of the state, the department
may negotiate amendments to the terms and conditions, including scope
of work, of existing contracts for goods, services, information
technology, and telecommunications, whether or not the original
contract was the result of competition, on behalf of itself or
another state agency.
(c) (1) The department shall establish the procedures and
guidelines for the negotiation process described in subdivision (a),
which procedures and guidelines shall include, but not be limited to,
a clear description of the methodology that will be used by the
department to evaluate a bid for the procurement goods, services,
information technology, and telecommunications.
(2) The procedures and guidelines described in paragraph (1) may
include provisions that authorize the department to receive
supplemental bids after the initial bids are opened. If the
procedures and guidelines include these provisions, the procedures
and guidelines shall specify the conditions under which supplemental
bids may be received by the department.
(d) An unsuccessful bidder shall have no right to protest the
results of the negotiating process undertaken pursuant to this
section. As a remedy, an unsuccessful bidder may file a petition for
a writ of mandate in accordance with Section 1085 of the Code of
Civil Procedure. The venue for the petition for a writ of mandate
shall be Sacramento, California. An action filed pursuant to this
subdivision shall be given preference by the court.
6615. For all state contracts, and, to the extent feasible, all
federally funded contracts awarded pursuant to Chapter 1 (commencing
with Section 10100), Chapter 2 (commencing with Section 10290),
Chapter 2.5 (commencing with Section 10700), Chapter 3 (commencing
with Section 12100), Chapter 3.5 (commencing with Section 12120), and
Chapter 3.6 (commencing with Section 12125) of Part 2 of Division 2
shall be in compliance with Section 12205.