Article 1. General Provisions of California Public Contract Code >> Division 2. >> Part 2. >> Chapter 2.5. >> Article 1.
This chapter may be cited as the California State University
As used in this chapter:
(a) "Project" includes the erection, construction, alteration,
painting, repair, or improvement of any state structure, building,
road, or other state improvement of any kind. "Project" includes a
project located on California State University property and performed
pursuant to a contract entered into or awarded by an auxiliary
organization, as defined in Section 89901 of the Education Code, and
funded in whole or in part by public funds.
(b) "Service contract" means any contract for services in
connection with a project other than a project contract, and
includes, but is not limited to, contracts for architectural,
engineering, planning, testing, general studies, or feasibility
(c) "Trustees" means the Trustees of the California State
University and their designees.
Contracts for the purchase of supplies or materials, which
are purchased through the Department of General Services, are not
subject to this chapter, even though the seller is required to
perform some incidental work or service in connection with the
delivery of the material or supplies.
Work done directly by any public utility company pursuant to
order of the Public Utilities Commission or other public authority,
is not subject to this chapter, whether or not done under public
supervision or paid for in whole or part out of public funds.
The project shall be under the sole and direct control of
the trustees, pursuant to the powers and responsibilities invested in
them by Chapter 8 (commencing with Section 66600) of Part 40 of
Division 5 of Title 3 of the Education Code. For the purposes of this
chapter, a project located on California State University property
and performed pursuant to a contract entered into or awarded by an
auxiliary organization, as defined in Section 89901 of the Education
Code, and funded in whole or in part by public funds, shall be deemed
to be under the sole and direct control of the trustees.
(a) When, in the opinion of the trustees, the work does not
require the application of all of the provisions of this chapter in
connection therewith, the trustees may carry out the project pursuant
to this section if the estimated cost does not exceed the value of a
minor capital outlay project for which, pursuant to Section 10108,
the services of the Department of General Services are not required
and a state agency or department is authorized to carry out its own
(b) If the estimated total cost of any construction project or
work carried out under this section exceeds five thousand dollars
($5,000), the trustees shall solicit bids in writing and shall award
the work to the lowest responsible bidder or reject all bids. The
trustees may carry out work in excess of five thousand dollars
($5,000) under this section by day labor if the trustees deem that
the award of a contract, the acceptance of bids, or the acceptance of
further bids is not in the best interests of the state, but the
amount of work performed by day labor under this section shall not
exceed the sum of twenty thousand dollars ($20,000).
The trustees and the Department of General Services may
enter into an agreement under which the Department of General
Services will carry out any of the functions of the trustees under
this chapter, upon such terms as are mutually agreed upon.
The trustees may enter into an agreement with an auxiliary
organization, as defined in Section 89901 of the Education Code,
under which the auxiliary organization may carry out any of the
functions of the trustees under this chapter, upon terms that are
mutually agreed upon.
The trustees may enter into service contracts. Such
contracts shall be subject only to Section 10820 and to such other
provisions of this chapter, if any, as the trustees may from time to
time designate as applicable.
(a) When, in the opinion of the trustees, the best interests
of the California State University dictate, the trustees may enter
into an agreement with a contractor to provide all or significant
portions of the design services and construction of a project under
this chapter. The contractor shall design the project pursuant to the
scope of services set forth in the request for proposals, build the
project, and present the completed project to the trustees for their
approval and acceptance.
(b) Work under this section shall be carried out by a contractor
chosen by a competitive bidding process that employs selection
criteria in addition to cost. Any design work performed pursuant to
this section shall be prepared and signed by an architect
certificated pursuant to Chapter 3 (commencing with Section 5500) of
Division 3 of the Business and Professions Code.
(c) When the design of portions of the project permits the
selection of subcontractors, the contractor shall competitively bid
those portions. The contractor shall provide to the trustees a list
of subcontractors whose work is in excess of one-half of 1 percent of
the total project cost as soon as the subcontractors are identified.
Once listed, the subcontractors shall have the rights provided in
the Subletting and Subcontracting Fair Practices Act (Chapter 4
(commencing with Section 4100) of Part 1).
Notwithstanding any provision of the California State
University Contract Law and any other provision of law to the
contrary, the trustees may enter into an energy conservation
construction contract, on the terms it determines are in the best
interests of the California State University if they find that the
anticipated cost for the alterations effected by the energy
conservation construction contract will be less than the anticipated
marginal cost to the California State University of energy that would
have been consumed by the California State University in the absence
of those alterations. The letting of contracts pursuant to this
section shall be conducted through competitive means.
(a) Notwithstanding any other provisions of this chapter,
the trustees may award annual contracts that do not exceed three
million dollars ($3,000,000) for repair or other repetitive work, or
renovation or modification, to be done according to unit prices. The
contracts shall be awarded to the lowest responsible bidder, and
shall be based primarily on plans and specifications for typical
work. No project shall be performed under a contract of this type
except by order of the trustees. No annual contracts may be awarded
under these provisions for capital outlay projects, where the total
cost of the project exceeds the value of a minor capital outlay
project for which, pursuant to Section 10108, the services of the
Department of General Services are not required and a state agency or
department is authorized to carry out its own project.
(b) For purposes of this section, "unit price" means the amount
paid for a single unit of an item of work, and "typical work" means a
work description applicable universally or applicable to a large
number of individual projects, as distinguished from work
specifically described with respect to an individual project.