General Provisions of the California Public Contract Code

Like the other 28 California Codes containing our state statutes, the Public Contract Code has a number of general or administrative provisions. These are contained in Division 2, Part 1 of the Public Contract Code. Chapter 1 contains definitions.

Section 1100 defines the term “public entity” to mean state or local entities, including any political subdivision or public corporation in the State.

Section 1100.7 states that the Public Contract Code is the basis of contracts between most public entities in this state and their contractors and subcontractors. This section also notes that, with regard to charter cities, this PC Code applies in the absence of an express exemption or a city charter provision or ordinance that conflicts with the relevant provision of this Code.

Section 1101 defines a “public works contract” to mean an agreement for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

Section 1102 defines an “emergency” to mean a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

Section 1103 defines the term “responsible bidder” to mean a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.

Section 1104 prohibits any local public entity (including a charter city or county) from requiring a bidder to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications on public works projects, except on clearly designated design build projects.

Chapter 1.6 deals with electronic transmissions. Section 1600 provides that counties and state agencies may enter into and make payment on contracts by way of electronic transmission, including, but not limited to, the issuance of solicitation documents, and the receipt of responses.

Section 1601 allows any public entity to adopt methods and procedures to receive bids on public contract over the Internet, or to receive supporting materials for a public works contract over the Internet. That public entity is required to provide an electronic receipt to the contractor showing the date and time the submission was received.