§ 10298.5. — 10298.5. (Added by Stats. 2022, Ch. 310, Sec. 2.)

California § 10298.5.

• Jurisdiction: California
• Code PCC: Public Contract Code - PCC
• Div. 2.: DIVISION 2. GENERAL PROVISIONS
• Part 2.: PART 2. CONTRACTING BY STATE AGENCIES
• Ch. 2.: CHAPTER 2. State Acquisition of Goods and Services
• Art. 2.: ARTICLE 2. Approval of Contracts

Text

(a)
The director may use the procedures described in Section 10298 for contracts for the installation, and contracts for the purchase and installation, of carpet, resilient flooring, synthetic turf, or lighting fixtures that will satisfy the requirements of this section. Except as specified in subdivision (b), notwithstanding any other law requiring bidding on public works projects, as defined in Section 1101, state agencies and local agencies, including school districts and any other agency subject to the Local Agency Public Construction Act (Chapter 1 (commencing with Section 20100) of Part 3), may contract with suppliers awarded those contracts, if all of the following requirements are satisfied:
(1)
The installation work is not performed in
connection with new construction.
(2)
The contractor provides an acknowledgment to the state or local agency that the installation is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(3)
(A)
Except as otherwise provided in subparagraph (B), the contractor provides the state or local agency with an enforceable commitment that a skilled and trained workforce, as defined in Section 2601, will be used to complete the installation work.
(B)
This paragraph shall not apply if the state or local agency has entered into a project labor agreement, as defined in Section 2500, that requires all contractors and subcontractors performing the installation work to use a skilled and trained workforce and the contractor agrees to be bound by that
project labor agreement.
(b)
A local agency shall not use the procedures authorized by this section for a contract with an award amount that exceeds the amount in an applicable requirement for the local agency to use a formal competitive bidding process for a contract that exceeds a specified amount.
(c)
(1)
Any state or local agency that enters into a contract for installation, or for purchase or installation, pursuant to this section shall provide notice of that contract to the Department of Industrial Relations pursuant to Section 1773.3 of the Labor Code, regardless of the size of the contract.
(2)
(A)
Notwithstanding Section 10231.5 of the Government Code, no later than January 1, 2027, the Department of Industrial Relations shall submit to the appropriate policy and
fiscal committees of the Legislature a report on the use of the procedures authorized by this section.
(B)
The report shall include, but is not limited to, the following information:
(i)
A description of the contracts awarded using the procedures authorized by this section, including the state or local agency that awarded the contract.
(ii)
The contract award amounts.
(iii)
The contractors awarded the contracts.
(C)
The report submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(d)
This section shall remain in effect only until January 1, 2028, and
as of that date is repealed.

Legislative History

Added by Stats. 2022, Ch. 310, Sec. 2. (SB 1422) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.