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 billbegin delete would require 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 forth the California contractor license number of each subcontractor who will perform work or labor or render services to the prime contractor in his or her bid or offer.end deletebegin insert would, commencing July 1, 2014, require that the California contractor license number of each subcontractor also be provided.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 4104 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
2amended to read:end insert
Any officer, department, boardbegin insert,end insert or commission taking
4bids for the construction of any public work or improvement shall
5provide in the specifications prepared for the work or improvement
6or in the general conditions under which bids will be received for
7the doing of the work incident to the public work or improvement
8that any person making a bid or offer to perform the work, shall,
9in his or her bid or offer, set forth:
10(a) (1) The name and the location of the place of business of
11each subcontractor who will perform work or labor or render
12service to the prime contractor in or about the construction of the
13work or
improvement, or a subcontractor licensed by the State of
14California who, under subcontract to the prime contractor, specially
15fabricates and installs a portion of the work or improvement
16according to detailed drawings contained in the plans and
17specifications, in an amount in excess of one-half of 1 percent of
18the prime contractor’s total bid or, in the case of bids or offers for
19the construction of streets or highways, including bridges, in excess
20of one-half of 1 percent of the prime contractor’s total bid or ten
21thousand dollars ($10,000), whichever is greater.
22(2) (A) Subject to subparagraph (B), any information requested
23by the officer, department, board, or commission concerning any
24subcontractor who the prime contractor is required to list under
25this subdivision, other than the subcontractor’s name and location
26of business, may be submitted by the prime contractor up to 24
27hours after the deadline established by the
officer, department,
28board, or commission for receipt 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
P3 1one subcontractor for each portion as is defined by the prime
2contractor in his or her bid.
3(c) This section shall become inoperative on July 1, 2014, and,
4as of January 1, 2015, is repealed.
begin insertSection 4104 is added to the end insertbegin insertPublic Contract Codeend insertbegin insert, to
6read:end insert
Any officer, department, board, or commission taking
8bids for the construction of any public work or improvement shall
9provide in the specifications prepared for the work or improvement
10or in the general conditions under which bids will be received for
11the doing of the work incident to the public work or improvement
12that any person making a bid or offer to perform the work, shall,
13in his or her bid or offer, set forth:
14(a) (1) The name, the location of the place of business, and the
15California contractor license number of each subcontractor who
16will perform work or labor or render service to the prime
17contractor in or about the construction of the work or improvement,
18or a subcontractor licensed by the State of California who, under
19
subcontract to the prime contractor, specially fabricates and
20installs a portion of the work or improvement according to detailed
21drawings contained in the plans and specifications, in an amount
22in excess of one-half of 1 percent of the prime contractor’s total
23bid or, in the case of bids or offers for the construction of streets
24or highways, including bridges, in excess of one-half of 1 percent
25of the prime contractor’s total bid or ten thousand dollars
26($10,000), whichever is greater.
27(2) (A) Subject to subparagraph (B), any information requested
28by the officer, department, board, or commission concerning any
29subcontractor who the prime contractor is required to list under
30this subdivision, other than the subcontractor’s name, location of
31business, and California contractor license number, may be
32submitted by the prime contractor up to 24 hours after the deadline
33established by the officer, department, board, or
commission for
34receipt of bids by prime contractors.
35(B) A state or local agency may implement subparagraph (A)
36at its option.
37(b) The portion of the work that will be done by each
38subcontractor under this act. The prime contractor shall list only
39one subcontractor for each portion as is defined by the prime
40contractor in his or her bid.
P4 1(c) This section shall become operative on July 1, 2014.
Section 4104 of the Public Contract Code is
3amended to read:
(a) Any officer, department, board, or commission taking
5bids for the construction of any public work or improvement shall
6provide in the specifications prepared for the work or improvement
7or in the general conditions under which bids will be received for
8the doing of the work incident to the public work or improvement
9that any person making a bid or offer to perform the work, shall,
10in his or her bid or offer, set forth the name and the location of the
11place of business of each subcontractor who will perform work or
12labor or render service to the prime contractor in or about the
13construction of the work or improvement, or a subcontractor
14licensed by the State of California who, under subcontract to the
15prime contractor, specially fabricates and installs a portion of the
16work or improvement according to detailed drawings contained
17in the plans and specifications, in an amount in excess of one-half
18of 1 percent of the prime contractor’s total bid or, in the case of
19bids or offers for the construction of streets or highways, including
20bridges, in excess of one-half of 1 percent of the prime contractor’s
21total bid or ten thousand dollars ($10,000), whichever is greater.
22He or she shall also set forth the portion of the work that will be
23done by each subcontractor.
The prime subcontractor shall list
24only one subcontractor for each portion as is defined by the prime
25contractor in his or her bid.
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 about
33the construction of the work or improvement in his or her bid or
34offer.
35(c) (1) Subject to
paragraph (2), any information requested by
36the officer, department, board, or commission concerning any
37subcontractor who the prime contractor is required to list under
38this section, other than the subcontractor’s name, location of
39business, and California contractor license number, may be
40submitted by the prime contractor up to 24 hours after the deadline
P5 1established by the officer, department, board, or commission for
2receipt of bids by prime contractors.
3(2) A state or local agency may implement paragraph (1) at its
4option.
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