BILL NUMBER: AB 569	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 10, 2009
	AMENDED IN SENATE  SEPTEMBER 4, 2009
	AMENDED IN SENATE  JULY 1, 2009
	AMENDED IN ASSEMBLY  APRIL 27, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Members Emmerson and Solorio
   (Principal coauthor: Senator Correa)

                        FEBRUARY 25, 2009

   An act to add Section 6612 to, and to add and repeal 
Sections 10186 and  Section  10187 of, the Public
Contract Code, relating to public contracts, and declaring the
urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 569, as amended, Emmerson.  Public contracts: disabled veteran
business enterprise: small business enterprise.
    Under existing law, state agencies and all other state entities
contracting for materials, supplies, equipment, alteration, repair,
or improvement are required to meet specified participation goals for
disabled veteran business enterprises and small business
enterprises.
   This bill would provide that, for any contract advertised by a
state agency or department on or before July 28, 2009, the state
agency or department shall award the contract to the lowest
responsible bidder meeting or making a good faith effort to meet
existing disabled veteran business enterprise goals.  This
bill would also, until January 1, 2015, authorize awarding
departments, as defined, to solicit bids solely from disabled veteran
business enterprises and small business enterprises where the
construction contract is for $1,000,000 or less.  This bill
would additionally require  departments,   a
department,  until January 1,  2015,  
2014,  when awarding a public works contract to the lowest
responsible bidder, to consider the efforts of a bidder to meet the
disabled veteran business enterprise goals, subject to specified
documentation required of the responding bidder.  . 

   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 6612 is added to the Public Contract Code, to
read:
   6612.  For any contract advertised on or before July 28, 2009, the
state agency or department shall award the contract to the lowest
responsible bidder meeting or making a good faith effort to meet the
disabled veteran business enterprise goals established pursuant to
Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of
the Military and Veterans Code. 
  SEC. 2.    Section 10186 is added to the Public
Contract Code, to read:
   10186.  (a) When soliciting bids for a construction contract
subject to this chapter of one million dollars ($1,000,000) or less,
the awarding department may, at its discretion, solicit bids solely
from disabled veteran business enterprises and small business
enterprises.
   (b) In the event no bids are received from disabled veteran
business enterprises or small business enterprises, the awarding
department may immediately solicit for bids for the contract
generally and award the contract to the lowest responsible bidder
without regard to standing as a disabled veteran business enterprise
or a small business enterprise.
   (c) For purposes of this section, "awarding department" means any
state agency, department, governmental entity, or other officer or
entity empowered by law to enter into contracts on behalf of the
State of California.
   (d) This section shall become inoperative on December 31, 2014,
and on January 1, 2015, is repealed. 
   SEC. 3.   SEC. 2.   Section 10187 is
added to the Public Contract Code, to read:
   10187.  (a) In awarding a public works contract subject to this
chapter to the lowest responsible bidder, the awarding department
shall consider the efforts of a bidder to meet the disabled veteran
business enterprise goals established pursuant to Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code. The awarding department shall award the
contract to the lowest responsible bidder meeting or documenting
specific efforts to meet these goals.
   (b) A bidder shall be deemed to have met the specific effort
requirements upon submittal, within the time limits specified by the
awarding department, of documentary evidence that the following
actions were taken:
   (1) Contact was made with the awarding department and a search was
conducted on the Department of General Services'  ,
 California certified disabled veteran business enterprise
database to identify disabled veteran business enterprises specific
to the contract.
   (2) Sufficient work was made available to disabled veteran
business enterprises to meet the contract goal.
   (3) Subcontract bids were solicited from disabled veteran business
enterprise firms. When soliciting subcontractor bids, the bidder
shall do the following:
   (A) Provide interested disabled veteran business enterprises with
information, including, but not limited to, identification of the
work available, the date the disabled veteran business enterprise's
bid was due to the bidder, the specified bonding and licensing
requirements, and the prime contractor's contact person.
   (B) Give disabled veteran business enterprises  a
reasonable time to respond to a solicitation. A seven-calendar-day
response time shall be presumed to be reasonable.   no
less than seven calendar days to respond to a solicitation. 
   (C) Utilize various contact methods, including, but not limited
to, published advertising,  by  telephone, e-mail,
fax, or United States mail.
   (D) Provide the awarding department with all disabled veteran
business enterprise bids received. If a bid of a disabled veteran
business enterprise is rejected, provide the bid of the selected
nondisabled veteran business enterprise and the reasons for rejecting
the disabled veteran business enterprise bid. 
   (c) For purposes of this section, "awarding department" means any
state agency, department, governmental entity, or other officer or
entity empowered by law to enter into contracts on behalf of the
State of California.  
   (d) 
    (c)  This section shall become inoperative on December
31,  2014, and on January 1, 2015, is repealed. 
 2013, and on January 1, 2014, is repealed. 
   SEC. 4.   SEC. 3.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to eliminate confusion with regard to the bidding process
for state contracts as soon as possible, thus preserving the quality
of work provided and the health and safety of the citizens of
California, it is necessary that this act take effect immediately.