Common use of Exempting DPA From Public Contract Code Clause in Contracts

Exempting DPA From Public Contract Code. The Union agrees to support legislation to amend Sections 10295 and 10430 and add Section 10344.2 to the Public Contract Code to read: Section 10295 of the Public Contract Code is amended to read: 10295. All contracts entered into by any state agency for (a) the hiring or purchase of equipment, supplies, materials, or elementary school textbooks, (b) services, whether or not the services involve the furnishing or use of equipment, materials or supplies or are performed by an independent contractor, (c) the construction, alteration improvement, repair or maintenance of property, real or personal, or (d) the performance of work or services by the state agency for or in cooperation with any person, or public body, are void unless and until approved by the department. Every such contract shall be transmitted with all papers, estimates, and recommendations concerning it to the department and, if approved by the department, shall be effective from the date of the approval This section applies to any state agency that by general or specific statute is expressly or impliedly authorized to enter into transactions referred to in this section. This section does not apply to any transaction entered into by the Trustees of the California State University or by a department under the State Contract Act or the California State University Contract Law, any contract of a type specifically mentioned and authorized to be entered into by the Department of Transportation under Section 14035 or 14035.5 of the Government Code, Sections 99316 to 99319, inclusive, of the Public Utilities Code, or the Streets and Highways Code, any contract entered into by the Department of Transportation that is not funded by money derived by state tax sources, but, rather, is funded by money derived from federal or local tax sources, any contract entered into by the Department of Personnel Administration for state employees, as defined in Section 19815 in the Government Code, for employee benefits, occupational health and safety, training services, or combination thereof, any contract let by the Legislature, or any contract entered into under the authority of Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code. Section 10344.2 is added to the Public Contract Code to read:

Exempting DPA From Public Contract Code. 1. The Union agrees to support legislation to amend Sections Section 10295 and 10430 and add Section 10344.2 to the Public Contract Code to read: : a. Section 10295 of the Public Contract Code is amended to read: : (1) 10295. All contracts entered into by any state State agency for (a) the hiring or purchase of equipment, supplies, materials, or elementary school textbooks, (b) services, whether or not the services involve the furnishing or use of equipment, materials or supplies or are performed by an independent contractor, (c) the construction, alteration improvement, repair or maintenance of property, real or personal, or (d) the performance of work or services by the state State agency for or in cooperation with any person, or public body, are void unless and until approved by the department. Every such contract shall be transmitted with all papers, estimates, and recommendations concerning it to the department and, if approved by the department, shall be effective from the date of the approval approval. This section Section applies to any state State agency that by general or specific statute is expressly or impliedly authorized to enter into transactions transaction referred to in this sectionSection. This section Section does not apply to any transaction transactions entered into by the Trustees of the California State University or by a department under the State Contract Act or the California State University Contract Law, any contract of a type specifically mentioned and authorized to be entered into by the Department of Transportation under Section 14035 or 14035.5 of the Government Code, Sections 99316 to 99319, inclusive, of the Public Utilities Code, or the Streets and Highways Code, any contract entered into by the Department of Transportation that is not funded by money derived by state tax sources, but, rather, is funded by money derived from federal or local tax sources, any contract entered into by the Department of Personnel Administration for state State employees, as defined in Section 19815 in the Government Code, for employee benefits, occupational health and safety, training services, or combination thereof, any contract let by the Legislaturelegislature, or any contract entered into under the authority of Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code. . b. Section 10344.2 is added to of the Public Contract Code to read: 2. The Department of Personnel Administration, with respect to contracts entered into by the department for State employees, as defined by Section 19815 of the Government Code for employee benefits, occupational health and safety, training services, or any combination thereof, shall provide all qualified bidders with a fair opportunity to enter the bidding process, therefore, stimulating competition in a manner conducive to sound fiscal practices. The Department of Personnel Administration shall make available to any member of the public its guidelines for awarding these contracts, and to the extent feasible, implement the objectives set forth in Section 10351.