Bill Text: CA SB1427 | 2011-2012 | Regular Session | Amended

---

Bill Title: State contracts: electronic goods: bid preference for

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2012-08-16 - Set, second hearing. Held in committee and under submission. [SB1427 Detail]

Download: California-2011-SB1427-Amended.html

---

BILL NUMBER: SB 1427	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 11, 2012
	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN SENATE  APRIL 25, 2012
	AMENDED IN SENATE  APRIL 17, 2012

INTRODUCED BY   Senator De León
   (Coauthor: Senator Corbett)

                        FEBRUARY 24, 2012

   An act to add Article 5 (commencing with Section 12230) to Chapter
4 of Part 2 of Division 2 of the Public Contract Code, relating to
public contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1427, as amended, De León. State contracts: electronic goods:
bid preference for refurbished electronics.
   Existing law requires a state agency to meet certain requirements
with respect to purchasing recycled products, as specified. Existing
law requires a local public entity, if fitness and quality are equal,
to purchase recycled products instead of nonrecycled products
whenever recycled products are available, as specified, and
authorizes a local public entity to give preference to suppliers of
recycled products.
   The Target Area Contract Preference Act requires the state, when
preparing a solicitation for a contract for goods or services in
excess of $100,000, to award a preference to a California-based
company that meet specified requirements, and the act also limits the
maximum preference for a bidder under that act and all laws to a
cumulative 15% or $100,000, as provided.
   This bill would require a state agency that accepts bids or
proposals for a contract for electronic goods to provide a preference
of 5%, as specified, to a company that offers to fulfill the
contract only with refurbished electronics, as defined. This bill
would also specify that the maximum preference under this bill and
all laws is a cumulative 15% or $100,000, as provided.
   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.  Article 5 (commencing with Section 12230) is added to
Chapter 4 of Part 2 of Division 2 of the Public Contract Code, to
read:

      Article 5.  Refurbished Electronics Preference


   12230.  (a) For the purposes of this article, "refurbished
electronics" means any electronic device that the manufacturer has
tested and returned to a condition that meets factory specifications
for the device, has repackaged, and has labeled as refurbished.
   (b) Notwithstanding any other law, any state agency that accepts
bids or proposals for a contract for electronic goods shall provide a
preference of 5 percent to a bidder that offers to fulfill the
entire contract only with refurbished electronics. The preference
shall be provided as follows:
   (1) For solicitations to be awarded to the lowest responsible
bidder meeting specifications, the preference shall be 5 percent of
the bid price  of the lowest responsible bidder meeting
specifications  .
   (2) For solicitations to be awarded to the highest scored bidder
based on evaluation factors in addition to price, the preference
shall be 5 percent of the total score  of the highest scored
bidder  .
   (3) The preferences awarded pursuant to paragraph (1) or (2) shall
not be awarded to a noncompliant bidder and shall not be used to
satisfy any applicable minimum requirements.
   (4) In order to be eligible for the 5-percent preference
authorized pursuant to this section, a bidder shall submit all
required substantiating documentation and information needed by the
state agency to determine if the bidder is eligible for the
preference.
   (5) Notwithstanding any other law, both of the following apply:
   (A) The maximum preference a bidder may be awarded pursuant to
this article and any other provision of law shall be 15 percent.
   (B) The combined cost of preferences granted pursuant to this
article and any other provision of law shall not exceed one hundred
thousand dollars ($100,000).
   (c) The Department of General Services shall establish a process
to verify that a bidder meets the criteria for the 5-percent
preference established by this article.
   (d) This section shall not be construed to require a state agency
to compromise its immediate mission or ability to function and carry
out its existing responsibilities.