Bill Text: CA AB150 | 2011-2012 | Regular Session | Amended
Bill Title: Public contracts: small business and disabled veteran
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB150 Detail]
Download: California-2011-AB150-Amended.html
BILL NUMBER: AB 150 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2011
AMENDED IN ASSEMBLY APRIL 4, 2011
INTRODUCED BY Assembly Member Perea
( Principal coauthor: Assembly Member
V. Manuel P�rez )
( Coauthors: Assembly Members
Beall and Eng )
JANUARY 18, 2011
An act to add Section 14838.8 to the Government Code, relating to
public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 150, as amended, Perea. Public contracts: small business and
disabled veteran business enterprise participation.
Existing law, the Small Business Procurement and Contract Act,
requires the Director of General Services and the heads of other
state agencies that enter into contracts for the provision of goods,
services, and information technology and for the construction of
state facilities to establish goals for the participation of small
businesses in these contracts, to provide for small business
preference in the award of these contracts, to give special
consideration and special assistance to small businesses, and,
whenever possible, to make awards to small businesses, as specified.
This bill would, on and after July 1, 2012, authorize the
Department of General Services to direct all state agencies,
departments, boards, and commissions to establish the goal to achieve
not less than 25% small business participation
participation by small businesses and, to the extent permitted
by law, not less than 5% women's business enterprise participation
and not less than 15% minority business enterprises participation,
and not less than 3% disabled veteran business enterprise
participation in state procurements and contracts. The bill also
would require the heads of those state agencies, departments, boards,
and commissions to implement and administer the state's procurement
and contract processes in order to meet or exceed the goals, and to
report to the Director of General Services statistics regarding small
business , women's business enterprise, minority business
enterprise, and disabled veteran business enterprise
participation in those agencies' procurements and contracts.
The bill would authorize the Department of General Services to
establish policies and procedures to monitor the progress of the
agencies toward meeting the goal of not less than 25% small
business participation participation by small
businesses and, to the extent permitted by law, not less than 5%
women's business enterprise participation and not less than 15%
minority business enterprise participation, and not less than
3% disabled veteran business enterprise participation and to provide
this information to the Office of Small Business Advocate.
The bill would also authorize the Department of General Services
to require a state agency, department, board, or commission that has
not achieved its fiscal year goals to submit an implementation and
corrective action plan, and to submit such a plan every year
thereafter, as long as that agency fails to meet or exceed the goals.
The bill would also authorize the department to establish criteria
for such a plan, as specified. The bill would authorize the
department to undertake reasonable means to assist agencies in
improving small business , women's business enterprise, minority
business enterprise, and disabled veteran business enterprise
participation in those agencies' contracting.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14838.8 is added to the Government Code, to
read:
14838.8. In order to encourage small business and
, disabled veteran business enterprise ,
women's business enterprise, and minority business enterprise,
participation in state contracts, the Department of General Services
may direct all state agencies, departments, boards, and commissions
to establish the goal to achieve not less than 25-percent small
business participation and , not less
than 3-percent disabled veteran business enterprise participation
, and, to the extent permitted by state and federal law, not
less than 5 percent women's business enterprise and not less than 15
percent minority business enterprise participation in state
procurements and contracts. If the department gives this direction,
all of the following apply:
(a) Notwithstanding any other provision of this chapter, the heads
of all state agencies, departments, boards, and commissions shall
implement procurement and contract processes in order to meet the
goal goals of not less than 25-percent
small business participation and , not
less than 3-percent disabled veteran business enterprise
participation, and, to the extent permitted by state and federa
l law, not less than 5 percent women's business enterprise
and not less than 15 percent minority business enterprise
participation, and shall report to the Director of General
Services statistics regarding the annual participation of small
businesses and , disabled veteran
business enterprises , women's business enterprises, and
minority business enterprises in the agency's procurements and
contracts.
(b) The Department of General Services may establish policies and
procedures to monitor the progress of all state agencies,
departments, boards, and commissions toward meeting the goal
goals of not less than 25-percent small
business participation and , not less
than 3-percent disabled veteran business enterprise participation
, and, to the extent permitted by state and federal law, not
less than 5 percent women's business enterprise and not less than 15
percent minority business enterprise participation . The
department may regularly share information with the Office of Small
Business Advocate on the progress of each individual agency,
department, board, and commission in meeting the annual goal
goals , including, but not limited to,
providing copies of corrective action plans.
(c) (1) The Department of General Services may require a state
agency, department, board, or commission that has not achieved its
fiscal year goal goals of not less than
25-percent small business participation or ,
not less than 3-percent disabled veteran business enterprise
participation , or, to the extent permitted by state and federal
law, not less than 5 percent women's business enterprise and not
less than 15 percent minority business enterprise participation
to submit an implementation and corrective action plan, and to
submit such a plan annually thereafter, as long as that agency fails
to meet or exceed the goal goals . The
department may establish criteria for such a plan and publish those
criteria in the State Administrative Manual.
(2) The Department of General Services may undertake reasonable
means to assist agencies in improving small business ,
disabled veteran business enterprise, women's business
enterprise, and minority business enterprise participation in
their contracting, including entering into memoranda of understanding
with the agencies that have not met the goal
goals .
(d) The Department of General Services shall establish in the
State Administrative Manual and the State Contracting Manual policies
for all state agencies, departments, boards, and commissions to use
the contracting procedure authorized in Section 14838 to
contract with small businesses and disabled veteran business
enterprises. 14838.
(e) The Department of General Services shall actively promote
small business and , disabled veteran
business enterprise , women's business enterprise, and minority
business enterprise certification.
(f) For purposes of this section, the following terms shall be
defined as follows:
(1) "Disabled veteran business enterprise" shall have the same
meaning as in Section 999 of the Military and Veterans Code.
(2) "Minority business enterprise" shall have the same meaning as
in Section 16851.
(3) "Women's business enterprise" shall have the same meaning as
in Section 16851.
(f)
(g) This section shall become operative on July 1,
2012.
