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, commencing July 1, 2014, require that the California contractor license number of each subcontractor also 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
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
33one subcontractor for each portion as is defined by the prime
34contractor in his or her bid.
35(c) This section shall become inoperative on July 1, 2014, and,
36as of January 1, 2015, is repealed.
Section 4104 is added to the Public Contract Code, to
38read:
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 name, the location of the place of business, and the
9California 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
13
subcontract 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) An inadvertent error in listing the California contractor
22license number provided pursuant to paragraph (1) shall not be
23grounds for filing a bid protest or grounds for considering the bid
24nonresponsive if the corrected contractor’s license number is
25submitted to the public entity by the prime contractor
within 24
26hours after the bid opening and provided the corrected contractor’s
27license number corresponds to the submitted name and location
28for that subcontractor.
27 29(2)
end delete
30begin insert(3)end insert (A) Subject to subparagraph (B), any information requested
31by the officer, department, board, or commission concerning any
32subcontractor who the prime contractor is required to list under
33this subdivision, other than the subcontractor’s name, location of
34business, and California contractor license number, may be
35submitted by the prime contractor up to 24 hours after the deadline
36established by the
officer, department, board, or commission for
37receipt of bids by prime contractors.
38(B) A state or local agency may implement subparagraph (A)
39at its option.
P4 1(b) The portion of the work that will be done by each
2subcontractor under this act. The prime contractor shall list only
3one subcontractor for each portion as is defined by the prime
4contractor in his or her bid.
5(c) This section shall become operative on July 1, 2014.
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