Bill Text: CA AB848 | 2009-2010 | Regular Session | Introduced
Bill Title: Small Business Procurement and Contract Act: disabled
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-02 - Died at Desk. [AB848 Detail]
Download: California-2009-AB848-Introduced.html
BILL NUMBER: AB 848 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Niello
FEBRUARY 26, 2009
An act to amend Section 14838 of the Government Code, relating to
state contracting.
LEGISLATIVE COUNSEL'S DIGEST
AB 848, as introduced, Niello. Small Business Procurement and
Contract Act: disabled veteran-owned small business preference.
The Small Business Procurement and Contract Act requires state
agencies entering into contracts for the provision of goods,
information technology, and services to the state, and the
construction of state facilities, to provide for a preference up to
and including 5% for any bid of a small business and microbusiness,
or a nonsmall business that provides for small business and
microbusiness subcontractor participation, in solicitations where an
award is to be made to the lowest responsible bidder or highest
scored bidder meeting specifications.
Existing law also requires that in the event of a precise tie
between the low responsible bid of a bidder meeting specifications of
a small business or microbusiness, and the low responsible bid of a
bidder meeting the specifications of a disabled veteran-owned small
business or microbusiness, the contract be awarded to the disabled
veteran-owned small business or microbusiness.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14838 of the Government Code is amended to
read:
14838. In order to facilitate the participation of small
business, including microbusiness, in the provision of goods,
information technology, and services to the state, and in the
construction (including , including
alteration, demolition, repair, or improvement)
improvement of state facilities, the directors of the
department and other state agencies that enter those contracts, each
within their respective areas of responsibility, shall do all of the
following:
(a) Establish goals, consistent with those established by the
Office of Small Business Certification and Resources, for the extent
of participation of small businesses, including microbusinesses, in
the provision of goods, information technology, and services to the
state, and in the construction of state facilities.
(b) Provide for small business preference, or nonsmall business
preference for bidders that provide for small business and
microbusiness subcontractor participation, in the award of contracts
for goods, information technology, services, and construction, as
follows:
(1) In solicitations where an award is to be made to the lowest
responsible bidder meeting specifications, the preference to small
business and microbusiness shall be 5 percent of the lowest
responsible bidder meeting specifications. The preference to nonsmall
business bidders that provide for small business or microbusiness
subcontractor participation shall be, up to a maximum of 5 percent of
the lowest responsible bidder meeting specifications, determined
according to rules and regulations established by the Department of
General Services.
(2) In solicitations where an award is to be made to the highest
scored bidder based on evaluation factors in addition to price, the
preference to small business or microbusiness shall be 5 percent of
the highest responsible bidder's total score. The preference to
nonsmall business bidders that provide for small business or
microbusiness subcontractor participation shall be up to a maximum 5
percent of the highest responsible bidder's total score, determined
according to rules and regulations established by the Department of
General Services.
(3) The preferences under paragraphs (1) and (2) shall not be
awarded to a noncompliant bidder and shall not be used to achieve any
applicable minimum requirements.
(4) The preference under paragraph (1) shall not exceed fifty
thousand dollars ($50,000) for any bid, and the combined cost of
preferences granted pursuant to paragraph (1) and any other
provision of law shall not exceed one hundred thousand
dollars ($100,000). In bids in which the state has reserved the right
to make multiple awards, this fifty thousand dollar ($50,000)
maximum preference cost shall be applied, to the extent possible, so
as to maximize the dollar participation of small businesses,
including microbusinesses, in the contract award.
(c) Give special consideration to small businesses and
microbusinesses by both:
(1) Reducing the experience required.
(2) Reducing the level of inventory normally required.
(d) Give special assistance to small businesses and
microbusinesses in the preparation and submission of the information
requested in Section 14310.
(e) Under the authorization granted in Section 10163 of the Public
Contract Code, make awards, whenever feasible, to small business and
microbusiness bidders for each project bid upon within their
prequalification rating. This may be accomplished by dividing major
projects into subprojects so as to allow a small business or
microbusiness contractor to qualify to bid on these subprojects.
(f) Small business and microbusiness bidders qualified in
accordance with this chapter shall have precedence over nonsmall
business bidders in that the application of a
any bidder preference for which nonsmall business bidders may
be eligible under this section or any other provision of
law shall not result in the denial of the award to a small
business or microbusiness bidder. In the event of a precise tie
between the low responsible bid of a bidder meeting specifications of
a small business or microbusiness, and the low responsible bid of a
bidder meeting the specifications of a disabled veteran-owned small
business or microbusiness, the contract shall be awarded to the
disabled veteran-owned small business or microbusiness. This
provision subdivision applies if the small
business or microbusiness bidder is the lowest responsible bidder, as
well as if the small business or microbusiness bidder is eligible
for award as the result of application of the small business and
microbusiness bidder preference granted by subdivision (b).
