Section 1771.1 Of Article 2. Wages From California Labor Code >> Division 2. >> Part 7. >> Chapter 1. >> Article 2.
1771.1
. (a) A contractor or subcontractor shall not be qualified to
bid on, be listed in a bid proposal, subject to the requirements of
Section 4104 of the Public Contract Code, or engage in the
performance of any contract for public work, as defined in this
chapter, unless currently registered and qualified to perform public
work pursuant to Section 1725.5. It is not a violation of this
section for an unregistered contractor to submit a bid that is
authorized by Section 7029.1 of the Business and Professions Code or
by Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section
1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall
be included in all bid invitations and public works contracts, and a
bid shall not be accepted nor any contract or subcontract entered
into without proof of the contractor or subcontractor's current
registration to perform public work pursuant to Section 1725.5.
(c) An inadvertent error in listing a subcontractor who is not
registered pursuant to Section 1725.5 in a bid proposal shall not be
grounds for filing a bid protest or grounds for considering the bid
nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening.
(2) Within 24 hours after the bid opening, the subcontractor is
registered and has paid the penalty registration fee specified in
subparagraph (E) of paragraph (2) of subdivision (a) of Section
1725.5.
(3) The subcontractor is replaced by another registered
subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public
work as required by subdivision (a) shall be grounds under Section
4107 of the Public Contract Code for the contractor, with the consent
of the awarding authority, to substitute a subcontractor who is
registered to perform public work pursuant to Section 1725.5 in place
of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list
of contractors who are currently registered to perform public work
pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor
in violation of subdivision (a) shall be subject to cancellation,
provided that a contract for public work shall not be unlawful, void,
or voidable solely due to the failure of the awarding body,
contractor, or any subcontractor to comply with the requirements of
Section 1725.5 or this section.
(g) This section shall apply to any bid proposal submitted on or
after March 1, 2015, and any contract for public work entered into on
or after April 1, 2015.