BILL NUMBER: AB 1960 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 27, 2012
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 23, 2012
An act to amend Sections 2056 and Section
10111 of the Public Contract Code, relating to public
contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1960, as amended, Dickinson. State contracts: reports: lesbian,
gay, bisexual, and transgender businesses.
(1) Existing law governing public contracts requires the
Department of Transportation to establish and administer a
computerized databank containing a list of certified minority, women,
and disadvantaged business enterprises.
This bill would require the Department of Transportation to
include, in that databank, lesbian, gay, bisexual, and transgender
businesses.
(2) Existing
Existing law requires the Department of General
Services to make available a report on contracting activity
containing specified information, including the level of
participation of business enterprises, by race, ethnicity, and gender
of owner, in specified contracts.
This bill would require the Department of General Services to
include in the report on contracting activity information regarding
the level of participation of lesbian, gay, bisexual, or transgender
owned businesses in specified contracts, 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. Section 2056 of the Public Contract
Code is amended to read:
2056. (a) The department shall establish and administer a
computerized databank containing a list of certified minority, women,
and disadvantaged business enterprises and lesbian, gay, bisexual,
and transgender businesses. On or before July 1, 1993, the data shall
be made accessible to all awarding departments, local agencies, and
the public for use in contracting for goods, construction, and
services with those business enterprises.
(b) The databank shall include, but not be limited to, the
following information:
(1) Name, address, and telephone number.
(2) Ethnicity.
(3) Gender.
(4) Name of the participating state or local agency that conducted
a site visit, and date of site visit, if applicable.
(5) Type of ownership.
(6) Product or service categories.
(7) Geographical area.
(8) Name of the participating state or local agency that performed
the certification.
(9) Any additional local requirements met by the enterprise, if
applicable.
(10) A record of actions by a participating state or local agency
resulting in certification denial or decertification.
(c) Information from the databank shall be made available to local
public agencies and the public by the date specified in subdivision
(a).
(d) The database developed to implement this section shall enable
the department to monitor changes to this information and to issue
any reports as may be required.
SEC. 2. 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
information:
(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
contract.
(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 a 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
significant.
(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:
(1) Construction.
(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
contracting including:
(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
dollars.
(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
76-100.
(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
enterprises.
(f) The level of participation of business enterprises, by race,
ethnicity, and gender of the owner, and whether
the business is a lesbian, gay, bisexual, and transgender business,
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, and whether the business
is a lesbian, gay, bisexual, or transgender owned business
for the following categories of contracts, to the extent that
the information has been voluntarily reported to the department:
(1) Construction.
(2) Purchases of materials, supplies, or equipment.
(3) Professional services.
(g) In the years 2011 and 2012, any errors reported to the
department by an awarding agency as required by Sections 10302,
10344, and 12104.5, in the previous fiscal year.
(h) The amendments made to this section by the act adding this
subdivision shall apply on and after January 1, 2013.