Bill Text: CA AB173 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Postsecondary education: Small Business Procurement and

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2013-09-09 - Chaptered by Secretary of State - Chapter 262, Statutes of 2013. [AB173 Detail]

Download: California-2013-AB173-Amended.html

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BILL NUMBER: AB 173	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 9, 2013
	AMENDED IN ASSEMBLY  APRIL 24, 2013
	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Weber
   (Principal coauthor: Senator Price)

                        JANUARY 24, 2013

   An act to add  Sections 14838.60 and  
Section  14838.64 to the Government Code, and to add 
Section   Sections 10508.5 and  20651.2 to the
Public Contract Code, relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 173, as amended, Weber. Postsecondary education: Small Business
Procurement and Contract Act.
   Existing law, the Small Business Procurement and Contract Act,
permits a state agency to award a contract for goods, services, or
information technology with a value of between $5,000 and $250,000 to
a certified small business, including a microbusiness and a disabled
veteran business enterprise, without complying with specified
competitive bidding requirements.
   Existing law establishes provisions regarding the award of
contracts for goods and services applicable to the University of
California, the California State University, and the California
Community Colleges.
   This bill would, notwithstanding those provisions, authorize the
California State University and  , subject to a specified
provision,  a community college district to award a contract for
goods, services, or information technology with a value of between
$5,000 and $250,000 to a certified small business, including a
microbusiness and a disabled veteran business enterprise, without
complying with specified competitive bidding requirements. 
The 
    The  bill would similarly authorize the University of
California to award a contract for goods, services, or information
technology with a value of between $100,000 and $250,000. The bill
would declare that it is not applicable to the University of
California except to the extent that the Regents of the University of
California, by appropriate resolution, make it applicable  ,
  and would exempt violation of these provisions from
prescribed criminal penalties  .
   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 14838.60 is added to the
Government Code, immediately following Section 14838.5, to read:
   14838.60.  (a) Notwithstanding any provision of law, including,
but not limited to, the advertising, bidding, and protest provisions
of Chapter 6 (commencing with Section 14825) of this part, and
Chapter 2.1 (commencing with Section 10500) and Chapter 3 (commencing
with Section 12100) of Part 2 of Division 2 of the Public Contract
Code, the University of California may award a contract for the
acquisition of goods, services, or information technology that has an
estimated value of greater than one hundred thousand dollars
($100,000), but less than two hundred fifty thousand dollars
($250,000), to a certified small business, including a microbusiness,
or to a disabled veteran business enterprise, if the University of
California obtains price quotations from two or more certified small
businesses, including microbusinesses, or from two or more disabled
veteran business enterprises.
   (b) In carrying out subdivision (a), the University of California
shall consider a responsive offer timely received from a responsible
certified small business, including a microbusiness, or from a
disabled veteran business enterprise.
   (c) No provision of this section shall apply to the University of
California except to the extent that the Regents of the University of
California, by appropriate resolution, make that provision
applicable. 
   SEC. 2.   SECTION 1.   Section 14838.64
is added to the Government Code, to read:
   14838.64.  (a) Notwithstanding any  provision of 
 other  law, including, but not limited to, the
advertising, bidding, and protest provisions of Chapter 6 (commencing
with Section 14825) of this part and Chapter 2.5 (commencing with
Section 10700) and Chapter 3 (commencing with Section 12100) of Part
2 of Division 2 of the Public Contract Code, the California State
University may award a contract for the acquisition of goods,
services, or information technology that has an estimated value of
greater than five thousand dollars ($5,000), but less than two
hundred fifty thousand dollars ($250,000), to a certified small
business, including a microbusiness, or to a disabled veteran
business enterprise, if the California State University obtains price
quotations from two or more certified small businesses, including
microbusinesses, or from two or more disabled veteran business
enterprises.
   (b) In carrying out subdivision (a), the California State
University shall consider a responsive offer timely received from a
responsible certified small business, including a microbusiness, or
from a disabled veteran business enterprise.
   SEC. 2.    Section 10508.5 is added to the  
Public Contract Code   , to read:  
   10508.5.  (a) Notwithstanding any other law, including, but not
limited to, the advertising, bidding, and protest provisions of
Chapter 2.1 (commencing with Section 10500) and Chapter 3 (commencing
with Section 12100) of Part 2 of Division 2 of this code, and
Chapter 6 (commencing with Section 14825) and Chapter 6.5 (commencing
with Section 14835) of Part 5.5 of Division 3 of Title 2 of the
Government Code, the University of California may award a contract
for the acquisition of goods, services, or information technology
that has an estimated value of greater than one hundred thousand
dollars ($100,000), but less than two hundred fifty thousand dollars
($250,000), to a certified small business, including a microbusiness,
or to a disabled veteran business enterprise, if the University of
California obtains price quotations from two or more certified small
businesses, including microbusinesses, or from two or more disabled
veteran business enterprises.
   (b) In carrying out subdivision (a), the University of California
shall consider a responsive offer timely received from a responsible
certified small business, including a microbusiness, or from a
disabled veteran business enterprise.
   (c) No provision of this section shall apply to the University of
California except to the extent that the Regents of the University of
California, by appropriate resolution, make that provision
applicable.
   (d) Sections 10522, 10523, 10524, and 10525 do not apply to
violations of this section. 
  SEC. 3.  Section 20651.2 is added to the Public Contract Code, to
read:
   20651.2.  (a) Notwithstanding any  provision of 
 other  law, including, but not limited to, the advertising,
bidding, and protest provisions of this article and Division 7
(commencing with Section 70900) of Title 3 of the Education Code,
 but subject to Section 88003.1,  the governing board of a
community college district may award a contract for the acquisition
of goods, services, or information technology that has an estimated
value of greater than five thousand dollars ($5,000), but less than
two hundred fifty thousand dollars ($250,000), to a certified small
business, including a microbusiness, or to a disabled veteran
business enterprise, if the community college district obtains price
quotations from two or more certified small businesses, including
microbusinesses, or from two or more disabled veteran business
enterprises.
   (b) In carrying out subdivision (a), a community college district
shall consider a responsive offer timely received from a responsible
certified small business, including a microbusiness, or from a
disabled veteran business enterprise.
   (c) The definitions set forth in Section 14837 of the Government
Code apply to this section.