Amended in Assembly April 24, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 173


Introduced by Assembly Member Weber

(Principal coauthor: Senator Price)

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 amended, 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,begin delete similarlyend delete authorize thebegin delete University of California, theend delete California Statebegin delete University,end deletebegin insert Universityend insert 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.begin insert The bill would similarly authorize the University of California to award a contract for goods, services, or information technology with a value of between $100,000 and $250,000.end insert 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 thanbegin delete five thousand
11dollars ($5,000),end delete
begin insert one hundred thousand dollars ($100,000),end insert but
12less than two hundred fifty thousand dollars ($250,000), to a
13certified small business, including a microbusiness, or to a disabled
14veteran business enterprise, if the University of California obtains
15price quotations from two or more certified small businesses,
16including microbusinesses, or from two or more disabled veteran
17business enterprises.

18(b) In carrying out subdivision (a), the University of California
19shall consider a responsive offer timely received from a responsible
20certified small business, including a microbusiness, or from a
21disabled veteran business enterprise.

begin delete

22(c) If the estimated cost to the state is five thousand dollars
23($5,000) or less for the acquisition of goods, services, or
24information technology, or a greater amount as administratively
25established by the director, the University of California shall obtain
26at least two price quotations from responsible suppliers whenever
27there is reason to believe a response from a single source is not a
28fair and reasonable price.

end delete
begin delete

28 P3    1(d)

end delete

2begin insert(c)end insert No provision of this section shall apply to the University of
3California except to the extent that the Regents of the University
4of California, by appropriate resolution, make that provision
5applicable.

6

SEC. 2.  

Section 14838.64 is added to the Government Code,
7to read:

8

14838.64.  

(a) Notwithstanding any provision of law, including,
9but not limited to, the advertising, bidding, and protest provisions
10of Chapter 6 (commencing with Section 14825) of this part and
11Chapter 2.5 (commencing with Section 10700) and Chapter 3
12(commencing with Section 12100) of Part 2 of Division 2 of the
13Public Contract Code, the California State University may award
14a contract for the acquisition of goods, services, or information
15technology that has an estimated value of greater than five thousand
16dollars ($5,000), but less than two hundred fifty thousand dollars
17($250,000), to a certified small business, including a microbusiness,
18or to a disabled veteran business enterprise, if the California State
19University obtains price quotations from two or more certified
20small businesses, including microbusinesses, or from two or more
21disabled veteran business enterprises.

22(b) In carrying out subdivision (a), the California State
23University shall consider a responsive offer timely received from
24a responsible certified small business, including a microbusiness,
25or from a disabled veteran business enterprise.

begin delete

26(c) If the estimated cost to the state is five thousand dollars
27($5,000) or less for the acquisition of goods, services, or
28information technology, or a greater amount as administratively
29established by the director, the California State University shall
30obtain at least two price quotations from responsible suppliers
31whenever there is reason to believe a response from a single source
32is not a fair and reasonable price.

end delete
33

SEC. 3.  

Section 20651.2 is added to the Public Contract Code,
34to read:

35

20651.2.  

(a) Notwithstanding any provision of law, including,
36but not limited to, the advertising, bidding, and protest provisions
37of this article and Division 7 (commencing with Section 70900)
38of Title 3 of the Education Code, the governing board of a
39community college district may award a contract for the acquisition
40of goods, services, or information technology that has an estimated
P4    1value of greater than five thousand dollars ($5,000), but less than
2two hundred fifty thousand dollars ($250,000), to a certified small
3business, including a microbusiness, or to a disabled veteran
4business enterprise, if the community college district obtains price
5quotations from two or more certified small businesses, including
6 microbusinesses, or from two or more disabled veteran business
7enterprises.

8(b) In carrying out subdivision (a), a community college district
9shall consider a responsive offer timely received from a responsible
10certified small business, including a microbusiness, or from a
11disabled veteran business enterprise.

begin delete

12(c) If the estimated cost to the community college district is five
13thousand dollars ($5,000) or less for the acquisition of goods,
14services, or information technology, or a greater amount as
15administratively established by the Board of Governors of the
16California Community Colleges, a community college district shall
17obtain at least two price quotations from responsible suppliers
18whenever there is reason to believe a response from a single source
19is not a fair and reasonable price.

end delete
begin delete

15 20(d)

end delete

21begin insert(c)end insert The definitions set forth in Section 14837 of the Government
22Code apply to this section.



O

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