Bill Text: CA AB2248 | 2011-2012 | Regular Session | Amended
Bill Title: State contracts: veterans' services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB2248 Detail]
Download: California-2011-AB2248-Amended.html
BILL NUMBER: AB 2248 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2012
INTRODUCED BY Assembly Member Cook
FEBRUARY 24, 2012
An act to add Article 8 (commencing with Section 999.75)
to Chapter 6 of Division 4 of the Military and Veterans
Section 10354 to the Public Contract Code, relating to
veterans public contracts .
LEGISLATIVE COUNSEL'S DIGEST
AB 2248, as amended, Cook. Veterans: service providers.
State contracts: veterans' services.
Existing law provides for certain services, protections, and
benefits for veterans. Existing law establishes a 3-percent
participation goal for disabled veteran business enterprises in state
procurement.
This bill would require each entity of state government
to give preference to a qualified entity, as defined, when awarding a
grant or contract to provide social services to veterans. This bill
would require a qualified entity to submit with the application for
the grant or the bid for contract a certification, as provided, from
the Department of Veterans Affairs. This bill would also authorize
the Department of Veterans Affairs to conduct audits of qualified
entities, as specified the Director of General
Services to establish criteria identifying state contracts for social
services provided to veterans or their families and to create a
process that would provide a participation incentive to specified
bidders for state contracts for social services provided to veterans
or their families for use by all state agencies. This bill would also
make findings and declarations regarding the need for these programs
.
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 10354 is added to the
Public Contract Code , to read:
10354. (a) The Legislature finds and declares that it is
necessary to make explicit, in the award of state contracts for
social services to veterans or their families, that consideration be
made by the contracting entity of the experience and qualifications
of the bidders for the contract and to provide an incentive for the
selection of those bidders that demonstrate competency.
(b) The Director of General Services shall adopt written policies
and guidelines for use by contracting entities in determining whether
a contract is a contract for social services to veterans or their
families. A type of contract for social services may include, but is
not limited to, the following:
(1) A contract for housing services.
(2) A contract for mental health services.
(3) A contract for employment and job training services.
(c) (1) The Director of General Services shall adopt written
policies and guidelines establishing a uniform process for state
contracting that provides a participation incentive to bidders that
demonstrate indicia of competency under a contract for social
services to veterans or their families. Indicia of competency
includes, but is not limited to:
(A) Knowledge, experience, and capacity to provide services to
veterans.
(B) Audits and employment history documenting fiscal and
management capacity to capably perform public contracts.
(C) Documentation that the bidder is exempt from income taxation
as an organization described in Section 501(c)(3) of the Internal
Revenue Code and whose charitable purpose is the provision of
services to veterans and their families.
(D) Documentation that the majority of the bidder's resources are
dedicated to serving the needs of veterans and their families.
(E) Documentation of current required filings with the Secretary
of State, the Office of the Attorney General, and the Franchise Tax
Board.
(2) Notwithstanding any other law, the incentive program
established by this subdivision shall be used by all state agencies
when awarding contracts for social services that are specifically
intended to serve veterans or their families.
(d) The department shall adopt rules and regulations as necessary
or appropriate to implement this section.
SECTION 1. Article 8 (commencing with Section
999.75) is added to Chapter 6 of Division 4 of the Military and
Veterans Code, to read:
Article 8. Veterans Preference For State Services Contracts
999.75. For purposes of this article, both of the following shall
apply:
(a) A "qualified entity" means an entity that provides veterans
with services, as specified in subdivision (a) of Section 999.76, and
is capable of managing the grant moneys provided or the contract
funds allocated in a fiscally prudent manner, and that meets all of
the following requirements:
(1) Demonstrates the knowledge, experience, and capacity to
provide desired services to veterans.
(2) Demonstrates through audits and employment history the fiscal
and management capacity to capably perform public contracts.
(3) Is a nonprofit organization that is exempt from federal income
taxation as an organization described in Section 501(c)(3) of the
Internal Revenue Code with the primary purpose of providing services
to veterans and their families.
(4) Demonstrates that the majority of the entity's resources are
dedicated to serving the needs of veterans and their families.
(5) Demonstrates that all required filings with the Secretary of
State, the office of the Attorney General, and the Franchise Tax
Board, are current.
(b) A qualified entity shall provide to the department all of the
following up-to-date documents:
(1) Articles of incorporation, and all amendments to the articles
of incorporation.
(2) IRS Letter of Determination.
(3) Taxpayer identification number.
(4) Independent audit reports dating back three years.
999.76. (a) Notwithstanding any other law, each entity of state
government that awards grants to, or enters into contracts with,
nongovernmental agencies shall give preference to a qualified entity
when awarding a grant for a project that would provide to veterans,
or when entering into a contract to provide to veterans social
services, including, but not limited to, housing services, mental
health services, or employment and job training services.
(b) The qualified entity shall submit, with the application for
the grant or the bid for the contract, a certification from the
department.
(c) (1) In order to obtain a certification as required by
subdivision (b), the qualified entity shall apply to the department,
in a form and manner as required by the department, for certification
of its status as a qualified entity.
(2) The department shall process and approve or reject all
applications on the basis of the requirements set forth in Section
999.75.
(d) The department may conduct an audit of qualified entities that
receive grant funds, as provided by this section, to ensure the
grant funds are being used to serve veterans. The results of an audit
shall be made available to the public. The department may comply
with the requirements of this subdivision by posting the results of
an audit on its Internet Web site.
999.77. (a) A certification approved by the department shall be
valid for two years from the date the department accepts credentials
for certification.
(b) The department may accept current certifications and licenses
from any other state entity, agency, or department in order to
provide a certification to a qualified entity pursuant to
subdivisions (b) and (c) of Section 99.76.
