Article 5. Award Of Contracts of California Public Contract Code >> Division 2. >> Part 2. >> Chapter 1. >> Article 5.
On the day named in the public notice, the department shall
publicly open the sealed bids and award the contracts to the lowest
In the case of bids opened by a district director, pursuant to
Section 10141, he shall report the contents thereof to the director.
In all other respects, the contracts shall be awarded as are other
If the successful bidder fails to execute the contract, his
bidder's security shall be forfeited to the state. The cash or
proceeds shall be deposited in the fund out of which the expenses of
preparation and printing of the plans and specifications, estimates
of cost, and publication of notice are paid.
If the director deems it is for the best interests of the
state, he may, on the refusal or failure of the successful bidder to
execute the contract, award it to the second lowest responsible
If the second lowest responsible bidder fails or refuses to
execute the contract, the director may likewise award it to the third
lowest responsible bidder.
On the failure or refusal of the second or third lowest bidder, to
whom a contract is so awarded, to execute it, his bidder's security
shall be likewise forfeited to the state.
The failure of the successful bidder to furnish any bond
required of him by law, within the time fixed for his execution of
the contract, constitutes a failure to execute the contract.
The bidders' security of the second and third lowest
responsible bidders may be withheld until the contract has been
finally executed. The cash, cashier's checks and certified checks
submitted by all other unsuccessful bidders shall be returned to them
within 10 days after the contract is awarded, and their bidders'
bonds shall be of no further effect.
If the director deems the acceptance of the lowest
responsible bid or bids is not for the best interests of the state,
after stating his or her reasons for rejecting the bid or bids, the
director may reject all bids and proceed by day's labor or advertise
for other bids in the manner required by this part.
(a) This section shall be known, and may be cited, as the
"Fair Chance Employment Act."
(b) Any person submitting a bid to the state on a contract
involving onsite construction-related services shall certify that the
person will not ask an applicant for onsite construction-related
employment to disclose orally or in writing information concerning
the conviction history of the applicant on or at the time of an
initial employment application.
(c) This section shall not apply to a position for which the
person or the state is otherwise required by state or federal law to
conduct a conviction history background check or to any contract
position with a criminal justice agency, as that term is defined in
Section 13101 of the Penal Code.
(d) This section shall not apply to a person to the extent that he
or she obtains workers from a hiring hall pursuant to a bona fide
collective bargaining agreement.