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California Law (Last Updated: March 4, 2014) |
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Public Contract Code - PCC |
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Division 2. GENERAL PROVISIONS |
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Part 2. CONTRACTING BY STATE AGENCIES |
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Chapter 2. State Acquisition of Goods and Services |
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ARTICLE 4. Contracts for Services |
Section 10335.5.
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(a) "Consulting services contract," as used in this article, means services that do all of the following:
(1) Are of an advisory nature.
(2) Provide a recommended course of action or personal expertise.
(3) Have an end product that is basically a transmittal of information either written or verbal and that is related to the governmental functions of state agency administration and management and program management or innovation.
(4) Are obtained by awarding a contract, a grant, or any other payment of funds for services of the above type.
The product may include anything from answers to specific questions to design of a system or plan, and includes workshops, seminars, retreats, and conferences for which paid expertise is retained by contract.
(b) "Consulting services contract" does not include any of the following:
(1) Contracts between a state agency and the federal government.
(2) Contracts with local agencies, as defined in Section 2211 of the Revenue and Taxation Code, to subvene federal funds for which no matching state funds are required.
(c) The following consulting services contracts are exempt from the advertising and bidding requirements of this article:
(1) Contracts that are temporary or time-limited appointments to a nontesting civil service classification for the purpose of meeting a time-limited employment need. Selection and compensation for these appointments shall be made in accordance with state civil service requirements. Payment under a consulting service contract may be on the basis of each hour or day devoted to the task or in one lump sum for the end product.
(2) Contracts that can only be performed by a public entity as defined in subdivision (b) of Section 605 of the Unemployment Insurance Code.
(3) Contracts solely for the purpose of obtaining expert witnesses for litigation.
(4) Contracts for legal defense, legal advice, or legal services.
(5) Contracts in an amount of less than five thousand dollars ($5,000).
(6) Contracts entered into pursuant to Section 14838.5 of the Government Code.