BILL NUMBER: AB 173 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
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,
similarly authorize the University of California,
the California State University,
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 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. 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:
SECTION 1. Section 14838.60 is added to the Government Code,
immediately following Section 14838.5, to read:
14838.60. (a) Notwithstanding any provision of law, including,
but not limited to, the advertising, bidding, and protest provisions
of Chapter 6 (commencing with Section 14825) of this part, and
Chapter 2.1 (commencing with Section 10500) and Chapter 3 (commencing
with Section 12100) of Part 2 of Division 2 of the Public Contract
Code, the University of California may award a contract for the
acquisition of goods, services, or information technology that has an
estimated value of greater than five thousand dollars
($5,000), one hundred thousand dollars ($100,000),
but less than two hundred fifty thousand dollars ($250,000), to
a certified small business, including a microbusiness, or to a
disabled veteran business enterprise, if the University of California
obtains price quotations from two or more certified small
businesses, including microbusinesses, or from two or more disabled
veteran business enterprises.
(b) In carrying out subdivision (a), the University of California
shall consider a responsive offer timely received from a responsible
certified small business, including a microbusiness, or from a
disabled veteran business enterprise.
(c) If the estimated cost to the state is five thousand dollars
($5,000) or less for the acquisition of goods, services, or
information technology, or a greater amount as administratively
established by the director, the University of California shall
obtain at least two price quotations from responsible suppliers
whenever there is reason to believe a response from a single source
is not a fair and reasonable price.
(d)
(c) No provision of this section shall apply to the
University of California except to the extent that the Regents of the
University of California, by appropriate resolution, make that
provision applicable.
SEC. 2. Section 14838.64 is added to the Government Code, to read:
14838.64. (a) Notwithstanding any provision of law, including,
but not limited to, the advertising, bidding, and protest provisions
of Chapter 6 (commencing with Section 14825) of this part and Chapter
2.5 (commencing with Section 10700) and Chapter 3 (commencing with
Section 12100) of Part 2 of Division 2 of the Public Contract Code,
the California State University may award a contract for the
acquisition of goods, services, or information technology that has an
estimated value of greater than five thousand dollars ($5,000), but
less than two hundred fifty thousand dollars ($250,000), to a
certified small business, including a microbusiness, or to a disabled
veteran business enterprise, if the California State University
obtains price quotations from two or more certified small businesses,
including microbusinesses, or from two or more disabled veteran
business enterprises.
(b) In carrying out subdivision (a), the California State
University shall consider a responsive offer timely received from a
responsible certified small business, including a microbusiness, or
from a disabled veteran business enterprise.
(c) If the estimated cost to the state is five thousand dollars
($5,000) or less for the acquisition of goods, services, or
information technology, or a greater amount as administratively
established by the director, the California State University shall
obtain at least two price quotations from responsible suppliers
whenever there is reason to believe a response from a single source
is not a fair and reasonable price.
SEC. 3. Section 20651.2 is added to the Public Contract Code, to
read:
20651.2. (a) Notwithstanding any provision of law, including, but
not limited to, the advertising, bidding, and protest provisions of
this article and Division 7 (commencing with Section 70900) of Title
3 of the Education Code, the governing board of a community college
district may award a contract for the acquisition of goods, services,
or information technology that has an estimated value of greater
than five thousand dollars ($5,000), but less than two hundred fifty
thousand dollars ($250,000), to a certified small business, including
a microbusiness, or to a disabled veteran business enterprise, if
the community college district obtains price quotations from two or
more certified small businesses, including microbusinesses, or from
two or more disabled veteran business enterprises.
(b) In carrying out subdivision (a), a community college district
shall consider a responsive offer timely received from a responsible
certified small business, including a microbusiness, or from a
disabled veteran business enterprise.
(c) If the estimated cost to the community college district is
five thousand dollars ($5,000) or less for the acquisition of goods,
services, or information technology, or a greater amount as
administratively established by the Board of Governors of the
California Community Colleges, a community college district shall
obtain at least two price quotations from responsible suppliers
whenever there is reason to believe a response from a single source
is not a fair and reasonable price.
(d)
(c) The definitions set forth in Section 14837 of the
Government Code apply to this section.