(1) Existing law requires a state agency to comply with specified procedures in awarding agency contracts. Existing law, with specified exceptions, prohibits a state agency authorized to enter into contracts relating to public benefit programs from contracting for services provided by a call center that directly serves applicants for, recipients of, or enrollees in, those public benefit programs with a contractor or subcontractor unless that contractor or subcontractor certifies in its bid for the contract that the contract, and any subcontract performed under that contract, will be performed solely with workers employed in California. Existing law imposes a civil penalty, as provided, for knowingly providing false information in that certification. Existing law also requires the contract to include a clause providing for a right by the state to terminate the
contract for noncompliance and specified penalties, if the contractor or subcontractor performs the contract or the subcontract with workers not employed in California during the life of the contract.
This bill would prohibit prohibit, on or after July 1, 2017, the University of California and the California State University from contracting for services with a contractor or subcontractor, where that contract would displace, as defined, an employment position, as defined, of the University of California or the California State University, unless that contractor or subcontractor certifies under penalty of perjury in his or her bid for that contract that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United
States.
The bill would prohibit the University of California and the California State University from expending funds for training for service contract employees located in foreign countries or for training for service contract employees who plan to relocate to a foreign country as part of the service contract, if that service contract displaces an employment position of the University of California or the California State University.
The bill would require a contract to provide, in the event a contractor or subcontractor performs the contract or the subcontract with workers outside the United States during the life of the contract, for the termination of the contract for noncompliance, as specified.
The bill would also specify that these provisions do not apply to a contract, if refusing to award that contract would violate the specific terms of federal trade treaties, as
specified.
The bill would specify that these provisions do not apply to contracts relating to study abroad programs programs, or to international teaching, research, or public service activities and projects, conducted by the University of California or the California State University.
By requiring contractors and subcontractors to make certifications under penalty of perjury, this bill would create a new crime and thereby impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.