Wat. Code, § 290

(a) Notwithstanding any other law, when undertaking a habitat restoration project where the department has available funds to carry out the project, the department may enter into contracts to accomplish the restoration pursuant to this section, the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code), and Section 65967 of the Government Code.

(b) Contracts may include the physical restoration of any state or privately owned real property, and any incidental or necessary services to accomplish that purpose. This may include, but is not limited to, the acquisition or sale of real property, including to the department, conducting environmental reviews, performance of design, securing any necessary permits, and ongoing monitoring or land management.

(c) Solicitations for a contract for habitat restoration issued by the department shall be subject to all of the following:

(1) The department shall prepare a request for proposals in a manner prescribed by the department.

(2) The request for proposals shall include all applicable terms and conditions that may apply to the habitat restoration project.

(3) The request for proposals shall include minimum requirements for any proposals, standards for competition, including the minimum number of proposals required, and the processes and procedures for the scoring, evaluation of proposals, and protests.

(d) Contracts entered into by the department shall provide compensation, including through progress payments, based upon measurable environmental outcomes and performance targets.

(e) Contracts entered into by the department that include work meeting the definition of a “public work” pursuant to Section 1720 of the Labor Code shall be subject to the provisions of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(f) In establishing the terms and conditions applicable for each project, the department shall classify the nature of the services to be provided. The department shall ensure that the contract includes necessary terms and conditions that are consistent with other applicable state contracts for each identified classification.