Section 10335.5 Of Article 4. Contracts For Services From California Public Contract Code >> Division 2. >> Part 2. >> Chapter 2. >> Article 4.
10335.5
. (a) "Consulting services contract," as used in this
article, means services that do all of the following:
(1) Are of an advisory nature.
(2) Provide a recommended course of action or personal expertise.
(3) Have an end product that is basically a transmittal of
information either written or verbal and that is related to the
governmental functions of state agency administration and management
and program management or innovation.
(4) Are obtained by awarding a contract, a grant, or any other
payment of funds for services of the above type.
The product may include anything from answers to specific
questions to design of a system or plan, and includes workshops,
seminars, retreats, and conferences for which paid expertise is
retained by contract.
(b) "Consulting services contract" does not include any of the
following:
(1) Contracts between a state agency and the federal government.
(2) Contracts with local agencies, as defined in Section 2211 of
the Revenue and Taxation Code, to subvene federal funds for which no
matching state funds are required.
(c) The following consulting services contracts are exempt from
the advertising and bidding requirements of this article:
(1) Contracts that are temporary or time-limited appointments to a
nontesting civil service classification for the purpose of meeting a
time-limited employment need. Selection and compensation for these
appointments shall be made in accordance with state civil service
requirements. Payment under a consulting service contract may be on
the basis of each hour or day devoted to the task or in one lump sum
for the end product.
(2) Contracts that can only be performed by a public entity as
defined in subdivision (b) of Section 605 of the Unemployment
Insurance Code.
(3) Contracts solely for the purpose of obtaining expert witnesses
for litigation.
(4) Contracts for legal defense, legal advice, or legal services.
(5) Contracts in an amount of less than five thousand dollars
($5,000).
(6) Contracts entered into pursuant to Section 14838.5 of the
Government Code.