Bill Text: CA AB2387 | 2013-2014 | Regular Session | Chaptered


Bill Title: Public contracts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 504, Statutes of 2014. [AB2387 Detail]

Download: California-2013-AB2387-Chaptered.html
BILL NUMBER: AB 2387	CHAPTERED
	BILL TEXT

	CHAPTER  504
	FILED WITH SECRETARY OF STATE  SEPTEMBER 20, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2014
	PASSED THE SENATE  AUGUST 26, 2014
	PASSED THE ASSEMBLY  AUGUST 27, 2014
	AMENDED IN SENATE  AUGUST 22, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 20, 2014

INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 21, 2014

   An act to amend Section 19132 of the Government Code, and to amend
Section 10340 of the Public Contract Code, relating to public
contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2387, Pan. Public contracts.
   (1) Existing law, the State Civil Service Act, permits the use of
personal services contracts in order to achieve cost savings and in
certain other circumstances, including when the services contracted
are not available within civil service. Existing law requires a state
agency proposing to execute a personal services contract in those
certain other circumstances to notify all organizations that
represent state employees who perform the type of work to be
contracted, except as specified.
   This bill would exempt personal services contracts entered into by
the Commission on Peace Officer Standards and Training pursuant to
its contracting authority, as specified, from that notification
requirement.
   (2) Under existing law, state agencies are generally required to
obtain at least 3 competitive bids for each contract. This
requirement does not apply under certain circumstances, including,
among others, when the contract is necessary for the immediate
preservation of the public health, welfare, or safety, or protection
of state property.
   This bill would add to these exceptions contracts entered into by
the Commission on Peace Officer Standards and Training or the Office
of Emergency Services when those contracts are solely for the
services of instructors for public safety training.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19132 of the Government Code is amended to
read:
   19132.  (a) The State Personnel Board, at the request of an
employee organization that represents state employees, shall review
the adequacy of any proposed or executed contract that is of a type
enumerated in subdivision (b) of Section 19130. The review shall be
conducted in accordance with subdivision (c) of Section 10337 of the
Public Contract Code. However, a contract that was reviewed at the
request of an employee organization when it was proposed need not be
reviewed again after its execution.
   (b) (1) Unless a personal services contract pursuant to
subdivision (b) of Section 19130 is necessary due to a sudden and
unexpected occurrence that poses a clear and imminent danger,
requiring immediate action to prevent or mitigate the loss or
impairment of life, health, property, or essential public services,
the contract shall not be executed until the state agency proposing
to execute the contract has notified all organizations that represent
state employees who perform the type of work to be contracted.
   (2) At a minimum, the notice shall include a full copy of the
proposed contract. The notifying agency may redact specific
confidential or proprietary information from the notice.
   (3) The Department of General Services shall establish a process
to certify the notification in paragraph (1).
   (4) The notification and certification of notice requirements of
this subdivision do not change the requirements for contracts under
Section 11045 or require an additional notification.
   (5) This subdivision does not apply to contracts executed by the
Commission on Peace Officer Standards and Training pursuant to
subdivision (c) of Section 13503 of the Penal Code and this article.
  SEC. 2.  Section 10340 of the Public Contract Code is amended to
read:
   10340.  (a) Except as provided by subdivision (b), state agencies
shall secure at least three competitive bids or proposals for each
contract.
   (b) Three competitive bids or proposals are not required in any of
the following cases:
   (1) In cases of emergency where a contract is necessary for the
immediate preservation of the public health, welfare, or safety, or
protection of state property.
   (2) When the agency awarding the contract has advertised the
contract in the California State Contracts Register and has solicited
all potential contractors known to the agency, but has received less
than three bids or proposals.
   (3) The contract is with another state agency, a local
governmental entity, an auxiliary organization of the California
State University, an auxiliary organization of a California community
college, a foundation organized to support the Board of Governors of
the California Community Colleges, or an auxiliary organization of
the Student Aid Commission established pursuant to Section 69522 of
the Education Code. These contracts, however, may not be used to
circumvent the competitive bidding requirements of this article.
   (4) The contract meets the conditions prescribed by the department
pursuant to subdivision (a) of Section 10348.
   (5) The contract has been awarded without advertising and calling
for bids pursuant to Section 19404 of the Welfare and Institutions
Code.
   (6) Contracts entered into pursuant to Section 14838.5 of the
Government Code.
   (7) Contracts for the development, maintenance, administration, or
use of licensing or proficiency testing examinations.
   (8) The contract is for services for the operation, maintenance,
repair, or replacement of specialized equipment at facilities of the
State Water Resources Development System, as defined in Section 12931
of the Water Code, and meets the conditions established by the
Department of Water Resources for those contracts.
   (9) The contract meets the conditions prescribed by the Department
of Water Resources for contracts subject to Section 10295.6.
   (10) Contracts entered into by the Commission on Peace Officer
Standards and Training or the Office of Emergency Services solely for
the services of instructors for public safety training. For the
purpose of this paragraph, "public safety training" includes, but is
not limited to, training related to law enforcement, emergency
medical response, emergency volunteers, and fire responders.
   (c) Any agency which has received less than three bids or
proposals on a contract shall document, in a manner prescribed by the
department, the names and addresses of the firms or individuals it
solicited for bids or proposals.
                       
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