BILL NUMBER: AB 759 AMENDED
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Ma
FEBRUARY 26, 2009
An act to amend Section
of the Public Contract Code, relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 759, as amended, Ma. Public contracts: ineligibility
to contract. Department of General Services:
Existing law requires the Department of General Services to make
available a report on contracting activity containing specified
information, as provided, including the level of participation of
business enterprises by race, ethnicity, and gender of the business
owner, where that information has been voluntarily reported, for
construction, professional services, and specified purchasing
This bill would expand the reporting requirements of the
Department of General Services to include the level of participation
of business enterprises by race, ethnicity, and gender of the
business owner, where that information has been voluntarily reported,
for information technology procurements and architectural,
engineering, and other professional service contracts. This bill
would also require the department to include the dollar values with
respect to those specified contracts.
Existing law authorizes contracting between state agencies and
private contractors and describes circumstances in which private
contractors are ineligible to contract with state agencies. Existing
law defines those persons subject to ineligibility.
This bill would make a technical, nonsubstantive change to that
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10111 of the Public
Contract Code is amended to read:
10111. Commencing January 1, 2007, the department shall make
available a report on contracting activity containing the following
(a) A listing of consulting services contracts that the state has
entered into during the previous fiscal year. The listing shall
include the following:
(1) The name and identification number of each contractor.
(2) The type of bidding entered into, the number of bidders,
whether the low bidder was accepted, and if the low bidder was not
accepted, an explanation of why another contractor was selected.
(3) The amount of the contract price.
(4) Whether the contract was a noncompetitive bid contract, and
why the contract was a noncompetitive bid contract.
(5) Justification for entering into each consulting services
(6) The purpose of the contract and the potential beneficiaries.
(7) The date when the initial contract was signed, and the date
when the work began and was completed.
(b) The report shall also include a separate listing of consultant
contracts completed during that fiscal year, with the same
information specified in subdivision (a).
(c) The information specified in subdivisions (a) and (b) shall
also include a list of any contracts underway during that fiscal year
on which any change was made regarding the following:
(1) The completion date of the contract.
(2) The amount of money to be received by the contractor, if it
exceeds 3 percent of the original contract price.
(3) The purpose of the contract or duties of the contractor. A
brief explanation shall be given if the change in purpose is
(d) The level of participation, by agency, of disabled veteran
business enterprises in statewide contracting and shall include
dollar values of contract award for the following categories:
(2) Architectural, engineering, and other professional services.
(3) Procurement of materials, supplies, and equipment.
(4) Information technology procurements.
Additionally, the report shall include a statistical summary
detailing each awarding department's goal achievement and a statewide
total of those goals.
(e) The level of participation by small business in state
(1) Upon request, an up-to-date list of eligible small business
bidders by general procurement and construction contract categories,
noting company names and addresses and also noting which small
businesses also qualify as microbusinesses.
(2) By general procurement and construction contract categories,
statistics comparing the small business and microbusiness contract
participation dollars to the total state contract participation
(3) By awarding department and general procurement and
construction categories, statistics comparing the small business and
microbusiness contract participation dollars to the total state
contract participation dollars.
(4) Any recommendations for changes in statues or state policies
to improve opportunities for small businesses and microbusinesses.
(5) A statistical summary of small businesses and microbusinesses
certified for state contracting by the number of employees at the
business for each of the following categories: 0-5, 26-50, 51-75, and
(6) To the extent feasible, beginning in the year 2008, the number
of contracts awarded by the department in the categories specified
in paragraph (5).
(7) The number of contracts and dollar amounts awarded annually
pursuant to Section 14838.5 of the Government Code to small
businesses, microbusinesses, and disabled veteran business
(f) The level of participation of business enterprises, by race,
ethnicity, and gender of owner, in contracts as identified
in Section 2051 of the Government Code, to the extent that the
information has been voluntarily reported to the department. In
addition, the report shall contain the levels of participation of
business enterprises, by race, ethnicity, and gender of owner,
for the following categories of contracts, to the extent
that the information has been voluntarily reported to the department
, and shall include the dollar values of the
contracts awarded for those categories :
(2) Purchases of materials, supplies, or equipment.
(3) Professional services.
(3) Architectural, engineering, and other professional services.
(4) Information technology procurements.
SECTION 1. Section 10285 of the Public Contract
Code is amended to read:
10285. For purposes of this article, "person" means any
individual, partnership, joint venture, or association or any other
organization or any combination thereof.