AB 44, as amended, Buchanan. Subletting and Subcontracting Fair Practices Act: bidding practices.
The Subletting and Subcontracting Fair Practices Act requires the entity taking bids for the construction of any public work or improvement to specify that any person making a bid or offer to perform the work shall, in his or her bid or offer, include specified information, including the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the work or improvement.
This bill wouldbegin delete the remove the requirement that the location of each subcontractor’s business be included in the bid or offer and insteadend delete require that the California contractor license number of each subcontractor be 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 4104 of the Public Contract Code is
2amended to read:
Any officer, department, board, or commission taking
2bids for the construction of any public work or improvement shall
3provide in the specifications prepared for the work or improvement
4or in the general conditions under which bids will be received for
5the doing of the work incident to the public work or improvement
6that any person making a bid or offer to perform the work, shall,
7in his or her bid or offer, set forth:
8(a) (1) The namebegin insert, the location of the place of business,end insert and the
9
California contractor license number of each subcontractor who
10will perform work or labor or render service to the prime contractor
11in or about the construction of the work or improvement, or a
12subcontractor licensed by the State of California who, under
13subcontract to the prime contractor, specially fabricates and installs
14a portion of the work or improvement according to detailed
15drawings contained in the plans and specifications, in an amount
16in excess of one-half of 1 percent of the prime contractor’s total
17bid or, in the case of bids or offers for the construction of streets
18or highways, including bridges, in excess of one-half of 1 percent
19of the prime contractor’s total bid or ten thousand dollars ($10,000),
20whichever is greater.
21(2) (A) Subject to subparagraph (B), any information requested
22by
the officer, department, board, or commission concerning any
23subcontractor who the prime contractor is required to list under
24this subdivision, other than the subcontractor’s namebegin insert, location of
25business,end insert and California contractor license number, may be
26submitted by the prime contractor up to 24 hours after the deadline
27established by the officer, department, board, or commission for
28receipt of bids by prime contractors.
29(B) A state or local agency may implement subparagraph (A)
30at its option.
31(b) The portion of the work that will be done by each
32subcontractor under this act. The prime contractor shall list only
33one subcontractor for each portion as is defined by the prime
34contractor
in his or her bid.
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