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 would requirebegin delete thatend deletebegin insert specifications or conditions, under which bids will be received, issued on and after July 1, 2014, by any officer, department, board, or commission, for the construction of any public work or
improvement to require any person making a bid or offer to perform the work to set forthend insert the California contractor license number of each subcontractorbegin delete be providedend deletebegin insert who will perform work or labor or render services to the prime contractorend insertbegin insert in his or her bid or offerend insert.
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:
begin insert(a)end insertbegin insert end insert Any officer, department, board, or commission
4taking bids for the construction of any public work or improvement
5shall provide in the specifications prepared for the work or
6improvement or in the general conditions under which bids will
7be received for the doing of the work incident to the public work
8or improvement that any person making a bid or offer to perform
9the work, shall, in his or her bid or offer, setbegin delete forth:end delete
10begin delete(a)end deletebegin delete end deletebegin delete(1)end deletebegin delete end deletebegin deleteTheend deletebegin insert forth theend insert namebegin delete,end deletebegin insert andend insert the location of the place of
11businessbegin delete, and the
California contractor license numberend delete
12subcontractor who will perform work or labor or render service to
13the prime contractor in or about the construction of the work or
14improvement, or a subcontractor licensed by the State of California
15who, under subcontract to the prime contractor, specially fabricates
16and installs a portion of the work or improvement according to
17detailed drawings contained in the plans and specifications, in an
18amount in excess of one-half of 1 percent of the prime contractor’s
19total bid or, in the case of bids or offers for the construction of
20streets or highways, including bridges, in excess of one-half of 1
21percent of the prime contractor’s total bid or ten thousand dollars
22($10,000), whichever is greater.begin insert He or she shall also set forth the
23portion of the work that will be done by each subcontractor.
The
24prime subcontractor shall list only one subcontractor for each
25portion as is defined by the prime contractor in his or her bid.end insert
26(b) Specifications or conditions, under which bids will be
27received, issued on and after July 1, 2014, by any officer,
28department, board, or commission, for the construction of any
29public work or improvement shall require any person making a
30bid or offer to perform the work to set forth the California
31contractor licence number of each subcontractor who will perform
32work or labor or render services to the prime contractor in or
33about the construction of the work or improvement in his or her
34bid or offer.
35(2) (A)
end delete
36begin insert(c)end insertbegin insert end insertbegin insert(1)end insert Subject tobegin delete subparagraph (B),end deletebegin insert
paragraph (2),end insert any
37information requested by the officer, department, board, or
38commission concerning any subcontractor who the prime contractor
P3 1is required to list under thisbegin delete subdivision,end deletebegin insert section,end insert other than the
2subcontractor’s name, location of business, and California
3contractor license number, may be submitted by the prime
4contractor up to 24 hours after the deadline established by the
5officer, department, board, or commission for receipt of bids by
6prime contractors.
7(B)
end delete
8begin insert(2)end insert A state or local agency may implementbegin delete subparagraph (A)end delete
9begin insert paragraph (1)end insert at its option.
10(b) The portion of the work that will be done by each
11subcontractor under this act. The prime contractor shall list only
12one subcontractor for each portion as is defined by the prime
13contractor in his or her bid.
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