BILL NUMBER: AB 44 CHAPTERED
BILL TEXT
CHAPTER 258
FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2013
APPROVED BY GOVERNOR SEPTEMBER 9, 2013
PASSED THE SENATE AUGUST 15, 2013
PASSED THE ASSEMBLY AUGUST 22, 2013
AMENDED IN SENATE JUNE 20, 2013
AMENDED IN SENATE MAY 6, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Buchanan
(Principal coauthor: Assembly Member Linder)
(Coauthor: Assembly Member Frazier)
DECEMBER 18, 2012
An act to amend, repeal, and add Section 4104 of the Public
Contract Code, relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 44, Buchanan. Subletting and Subcontracting Fair Practices Act:
bidding practices.
The Subletting and Subcontracting Fair Practices Act requires the
entity taking bids for the construction of any public work or
improvement to specify that any person making a bid or offer to
perform the work shall, in his or her bid or offer, include specified
information, including the name and location of the place of
business of each subcontractor who will perform work or labor or
render service to the prime contractor in or about the work or
improvement.
This bill would, commencing July 1, 2014, require that the
California contractor license number of each subcontractor also be
provided.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4104 of the Public Contract Code is amended to
read:
4104. Any officer, department, board, or commission taking bids
for the construction of any public work or improvement shall provide
in the specifications prepared for the work or improvement or in the
general conditions under which bids will be received for the doing of
the work incident to the public work or improvement that any person
making a bid or offer to perform the work, shall, in his or her bid
or offer, set forth:
(a) (1) The name and the location of the place of business of each
subcontractor who will perform work or labor or render service to
the prime contractor in or about the construction of the work or
improvement, or a subcontractor licensed by the State of California
who, under subcontract to the prime contractor, specially fabricates
and installs a portion of the work or improvement according to
detailed drawings contained in the plans and specifications, in an
amount in excess of one-half of 1 percent of the prime contractor's
total bid or, in the case of bids or offers for the construction of
streets or highways, including bridges, in excess of one-half of 1
percent of the prime contractor's total bid or ten thousand dollars
($10,000), whichever is greater.
(2) (A) Subject to subparagraph (B), any information requested by
the officer, department, board, or commission concerning any
subcontractor who the prime contractor is required to list under this
subdivision, other than the subcontractor's name and location of
business, may be submitted by the prime contractor up to 24 hours
after the deadline established by the officer, department, board, or
commission for receipt of bids by prime contractors.
(B) A state or local agency may implement subparagraph (A) at its
option.
(b) The portion of the work that will be done by each
subcontractor under this act. The prime contractor shall list only
one subcontractor for each portion as is defined by the prime
contractor in his or her bid.
(c) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed.
SEC. 2. Section 4104 is added to the Public Contract Code, to
read:
4104. Any officer, department, board, or commission taking bids
for the construction of any public work or improvement shall provide
in the specifications prepared for the work or improvement or in the
general conditions under which bids will be received for the doing of
the work incident to the public work or improvement that any person
making a bid or offer to perform the work, shall, in his or her bid
or offer, set forth:
(a) (1) The name, the location of the place of business, and the
California contractor license number of each subcontractor who will
perform work or labor or render service to the prime contractor in or
about the construction of the work or improvement, or a
subcontractor licensed by the State of California who, under
subcontract to the prime contractor, specially fabricates and
installs a portion of the work or improvement according to detailed
drawings contained in the plans and specifications, in an amount in
excess of one-half of 1 percent of the prime contractor's total bid
or, in the case of bids or offers for the construction of streets or
highways, including bridges, in excess of one-half of 1 percent of
the prime contractor's total bid or ten thousand dollars ($10,000),
whichever is greater.
(2) An inadvertent error in listing the California contractor
license number provided pursuant to paragraph (1) shall not be
grounds for filing a bid protest or grounds for considering the bid
nonresponsive if the corrected contractor's license number is
submitted to the public entity by the prime contractor within 24
hours after the bid opening and provided the corrected contractor's
license number corresponds to the submitted name and location for
that subcontractor.
(3) (A) Subject to subparagraph (B), any information requested by
the officer, department, board, or commission concerning any
subcontractor who the prime contractor is required to list under this
subdivision, other than the subcontractor's name, location of
business, and California contractor license number, may be submitted
by the prime contractor up to 24 hours after the deadline established
by the officer, department, board, or commission for receipt of bids
by prime contractors.
(B) A state or local agency may implement subparagraph (A) at its
option.
(b) The portion of the work that will be done by each
subcontractor under this act. The prime contractor shall list only
one subcontractor for each portion as is defined by the prime
contractor in his or her bid.
(c) This section shall become operative on July 1, 2014.