§ 10333. — 10333. (Amended by Stats. 2022, Ch. 517, Sec. 1.)

California § 10333.

• 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. 3.: ARTICLE 3. Competitive Bidding and Other Acquisition Procedures

Text

(a)
The department shall delegate purchasing authority, as specified in Section 10332, to any state agency that does all of the following:
(1)
Designates an agency officer as responsible and directly accountable for the agency’s purchasing program.
(2)
Establishes written policies and procedures, including procedures for ensuring and documenting competitive purchasing, complying with purchasing standards established pursuant to Section 10307, inspecting acquired products for compliance with specifications, reporting contractor failures to deliver products as specified in contracts, ensuring that agency contracting personnel are free from conflict of interest,
and complying with other provisions of law as the department may require.
(3)
Establishes procedures for complying with the provisions of the Small Business Procurement and Contract Act (Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3 of Title 2 of the Government Code). The procedures shall include procedures for meeting the goals for the extent of participation of small businesses in state contracting as established by the department pursuant to subdivision (a) of Section 14838 of the Government Code.
(4)
Establishes policies for training personnel in purchasing law and procedures, controlling and reviewing purchasing practices, auditing purchasing activities, and delegating purchasing authority within the agency.
(5)
Reports the data to the office that the department may require.
(b)
The department shall conduct an audit of each state agency to which purchasing authority has been delegated at least once in each three-year period. The authority to acquire goods may be withdrawn by the department at any time that the department finds that the state agency to which authority has been delegated is not in compliance with the requirements of this section.
(c)
The department shall maintain procedures for complying with the State Agency Buy Recycled Campaign (Chapter 4 (commencing with Section 12153)). The procedures shall include procedures for meeting the minimum recycled content requirements in state contracting as established by CalRecycle pursuant to Section 12209 and procedures for complying with reporting requirements as established by CalRecycle pursuant to Section 12211.

Legislative History

Amended by Stats. 2022, Ch. 517, Sec. 1. (AB 661) Effective January 1, 2023.