California Legislature—2013–14 Regular Session

Assembly BillNo. 173


Introduced by Assembly Member Weber

January 24, 2013


An act to add Sections 14838.60 and 14838.64 to the Government Code, and to add Section 20651.2 to the Public Contract Code, relating to public contracts.

LEGISLATIVE COUNSEL’S DIGEST

AB 173, as introduced, Weber. Postsecondary education: Small Business Procurement and Contract Act.

Existing law, the Small Business Procurement and Contract Act, permits a state agency to award a contract for goods, services, or information technology with a value of between $5,000 and $250,000 to a certified small business, including a microbusiness and a disabled veteran business enterprise, without complying with specified competitive bidding requirements.

Existing law establishes provisions regarding the award of contracts for goods and services applicable to the University of California, the California State University, and the California Community Colleges.

This bill would, notwithstanding those provisions, similarly authorize the University of California, the California State University, and a community college district to award a contract for goods, services, or information technology with a value of between $5,000 and $250,000 to a certified small business, including a microbusiness and a disabled veteran business enterprise, without complying with specified competitive bidding requirements. The bill would declare that it is not applicable to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make it applicable.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 14838.60 is added to the Government
2Code
, immediately following Section 14838.5, to read:

3

14838.60.  

(a) Notwithstanding any provision of law, including,
4but not limited to, the advertising, bidding, and protest provisions
5of Chapter 6 (commencing with Section 14825) of this part, and
6Chapter 2.1 (commencing with Section 10500) and Chapter 3
7(commencing with Section 12100) of Part 2 of Division 2 of the
8Public Contract Code, the University of California may award a
9contract for the acquisition of goods, services, or information
10technology that has an estimated value of greater than five thousand
11dollars ($5,000), but less than two hundred fifty thousand dollars
12($250,000), to a certified small business, including a microbusiness,
13or to a disabled veteran business enterprise, as long as the
14University of California obtains price quotations from two or more
15certified small businesses, including microbusinesses, or from two
16or more disabled veteran business enterprises.

17(b) In carrying out subdivision (a), the University of California
18shall consider a responsive offer timely received from a responsible
19certified small business, including a microbusiness, or from a
20disabled veteran business enterprise.

21(c) If the estimated cost to the state is less than five thousand
22dollars ($5,000) for the acquisition of goods, services, or
23information technology, or a greater amount as administratively
24established by the director, the University of California shall obtain
25at least two price quotations from responsible suppliers whenever
26there is reason to believe a response from a single source is not a
27fair and reasonable price.

28(d) No provision of this section shall apply to the University of
29California except to the extent that the Regents of the University
30of California, by appropriate resolution, make that provision
31applicable.

32

SEC. 2.  

Section 14838.64 is added to the Government Code,
33to read:

P3    1

14838.64.  

(a) Notwithstanding any provision of law, including,
2but not limited to, the advertising, bidding, and protest provisions
3of Chapter 6 (commencing with Section 14825) of this part and
4Chapter 2.5 (commencing with Section 10700) and Chapter 3
5(commencing with Section 12100) of Part 2 of Division 2 of the
6Public Contract Code, the California State University may award
7a contract for the acquisition of goods, services, or information
8technology that has an estimated value of greater than five thousand
9dollars ($5,000), but less than two hundred fifty thousand dollars
10($250,000), to a certified small business, including a microbusiness,
11or to a disabled veteran business enterprise, as long as the
12California State University obtains price quotations from two or
13more certified small businesses, including microbusinesses, or
14from two or more disabled veteran business enterprises.

15(b) In carrying out subdivision (a), the California State
16University shall consider a responsive offer timely received from
17a responsible certified small business, including a microbusiness,
18or from a disabled veteran business enterprise.

19(c) If the estimated cost to the state is less than five thousand
20dollars ($5,000) for the acquisition of goods, services, or
21information technology, or a greater amount as administratively
22established by the director, the California State University shall
23obtain at least two price quotations from responsible suppliers
24whenever there is reason to believe a response from a single source
25is not a fair and reasonable price.

26

SEC. 3.  

Section 20651.2 is added to the Public Contract Code,
27to read:

28

20651.2.  

(a) Notwithstanding any provision of law, including,
29but not limited to, the advertising, bidding, and protest provisions
30of this article and Division 7 (commencing with Section 70900)
31of Title 3 of the Education Code, the governing board of a
32community college district may award a contract for the acquisition
33of goods, services, or information technology that has an estimated
34value of greater than five thousand dollars ($5,000), but less than
35two hundred fifty thousand dollars ($250,000), to a certified small
36business, including a microbusiness, or to a disabled veteran
37business enterprise, as long as the community college district
38obtains price quotations from two or more certified small
39businesses, including microbusinesses, or from two or more
40disabled veteran business enterprises.

P4    1(b) In carrying out subdivision (a), a community college district
2shall consider a responsive offer timely received from a responsible
3certified small business, including a microbusiness, or from a
4disabled veteran business enterprise.

5(c) If the estimated cost to the community college district is less
6than five thousand dollars ($5,000) for the acquisition of goods,
7services, or information technology, or a greater amount as
8administratively established by the Board of Governors of the
9California Community Colleges, a community college district shall
10obtain at least two price quotations from responsible suppliers
11whenever there is reason to believe a response from a single source
12is not a fair and reasonable price.

13(d) The definitions set forth in Section 14837 of the Government
14Code apply to this section.


CORRECTIONS:

Text--Pages 2, 3, & 4.




O

Corrected 1-28-13—See last page.     99