Administrative Provisions of California’s Public Contract Code

The California Public Contract Code, in Division 2, Part 1, Chapter 1, contains administrative and general provisions, including definitions. Section 1100 defines the term “public entity” to include the state and all other public entities at the local level.

Section 1100.7 specifies that this Code is the basis of contracts between most public entities in this state and their contractors and subcontractors. With regard to charter cities, this 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 the term “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 the term “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. In addition, the Legislature finds and declares that this section is declaratory of existing law.

Section 1104 states that no local public entity, charter city, or charter county is allowed to require 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.