Bill Text: CA AB2454 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2454 (Prior Session Legislation)

Bill Title: Public contracts: protests: joint labor-management committee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-06-23 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2454 Detail]

Download: California-2021-AB2454-Amended.html

Amended IN Assembly May 19, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2454

Introduced by Assembly Member Jones-Sawyer

February 17, 2022

An act to amend Section 10306 of the Public Contract Code, relating to public contracts.

LEGISLATIVE COUNSEL'S DIGEST

AB 2454, as amended, Jones-Sawyer. Public contracts: protests: joint labor-management committee.

Existing law generally requires public contracts to be awarded by competitive bidding pursuant to procedures set forth in the Public Contract Code, subject to certain exceptions. Existing law, whenever a contract for goods and services is not to be awarded to the lowest bidder, requires that the lowest bidder be notified 24 hours before the contract or purchase order is awarded to another bidder. Existing law, upon written request by any bidder, requires notice of the proposed award to be posted in a public place in the offices of the department at least 24 hours before the contract is awarded. Existing law, if a bidder files a specified protest with the department before the award is made, requires that the contract not be awarded until either the protest has been withdrawn or the department has made a final decision relative to the protest.

This bill would additionally authorize a joint labor-management committee, as defined, to submit a ~~specified~~ written protest to a contract that is not to be awarded to the lowest bidder. If, prior to making the award, a joint labor-management committee files a protest with the department against the awarding of the contract on the ground that the lowest responsible bidder does not meet the specifications set forth under the definition of responsible, the bill would require that the contract not be awarded until either the protest has been withdrawn or the department has made a final decision relative to the protest.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 10306 of the Public Contract Code is amended to read:

10306.

(a) Whenever a contract under this article is not to be awarded to the lowest bidder, the bidder shall be notified 24 hours prior to awarding the contract to another bidder.

(b) Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place specified in the solicitation document by the department, that may include an electronic location or internet website, at least 24 hours prior to awarding the contract.

(c) A joint labor-management committee may submit a ~~protest, orally or in writing,~~ written protest to a contract under this article that is not to be awarded to the lowest bidder.

(d) If prior to making the award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract on the ground that the bidder is the lowest responsible bidder meeting specifications, the contract shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest.

(e) If prior to making the award, a joint labor-management committee files a protest with the department against the awarding of the contract on the ground that the lowest responsible bidder does not meet the specifications set forth under the definition of responsible, the contract shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest.

(f) In computing the 24-hour periods provided for in this section, Saturdays, Sundays, and legal holidays shall be excluded.

(g) Within 10 days after filing a protest, the protesting bidder or joint labor-management committee shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support thereof.

(h) For purposes of this section, “joint labor-management committee” means a committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a).