Amended in Assembly May 9, 2013

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 addbegin delete Sections 14838.60 andend deletebegin insert Sectionend insert 14838.64 to the Government Code, and to addbegin delete Sectionend deletebegin insert Sections 10508.5 andend insert 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, authorize the California State University andbegin insert, subject to a specified provision,end insert 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 delete Theend delete

begin insert Theend insert 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 applicablebegin insert, and would exempt violation of these provisions from prescribed criminal penaltiesend 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 delete
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 one hundred
11thousand dollars ($100,000), but less than two hundred fifty
12thousand dollars ($250,000), to a certified small business, including
13a microbusiness, or to a disabled veteran business enterprise, if
14the University of California obtains price quotations from two or
15more certified small businesses, including microbusinesses, or
16from two or 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) No provision of this section shall apply to the University of
22California except to the extent that the Regents of the University
23of California, by appropriate resolution, make that provision
24applicable.

end delete
P3    1

begin deleteSEC. 2.end delete
2begin insertSECTION 1.end insert  

Section 14838.64 is added to the Government
3Code
, to read:

4

14838.64.  

(a) Notwithstanding anybegin delete provision ofend deletebegin insert otherend insert law,
5including, but not limited to, the advertising, bidding, and protest
6provisions of Chapter 6 (commencing with Section 14825) of this
7part and Chapter 2.5 (commencing with Section 10700) and
8Chapter 3 (commencing with Section 12100) of Part 2 of Division
92 of the Public Contract Code, the California State University may
10award a contract for the acquisition of goods, services, or
11information technology that has an estimated value of greater than
12five thousand dollars ($5,000), but less than two hundred fifty
13 thousand dollars ($250,000), to a certified small business, including
14a microbusiness, or to a disabled veteran business enterprise, if
15the California State University obtains price quotations from two
16or more certified small businesses, including microbusinesses, or
17from two or more disabled veteran business enterprises.

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

22begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 10508.5 is added to the end insertbegin insertPublic Contract Codeend insertbegin insert,
23to read:end insert

begin insert
24

begin insert10508.5.end insert  

(a) Notwithstanding any other law, including, but
25not limited to, the advertising, bidding, and protest provisions of
26Chapter 2.1 (commencing with Section 10500) and Chapter 3
27(commencing with Section 12100) of Part 2 of Division 2 of this
28code, and Chapter 6 (commencing with Section 14825) and
29Chapter 6.5 (commencing with Section 14835) of Part 5.5 of
30Division 3 of Title 2 of the Government Code, the University of
31California may award a contract for the acquisition of goods,
32services, or information technology that has an estimated value
33of greater than one hundred thousand dollars ($100,000), but less
34than two hundred fifty thousand dollars ($250,000), to a certified
35small business, including a microbusiness, or to a disabled veteran
36business enterprise, if the University of California obtains price
37 quotations from two or more certified small businesses, including
38microbusinesses, or from two or more disabled veteran business
39enterprises.

P4    1(b) In carrying out subdivision (a), the University of California
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) No provision of this section shall apply to the University of
6California except to the extent that the Regents of the University
7of California, by appropriate resolution, make that provision
8applicable.

9(d) Sections 10522, 10523, 10524, and 10525 do not apply to
10violations of this section.

end insert
11

SEC. 3.  

Section 20651.2 is added to the Public Contract Code,
12to read:

13

20651.2.  

(a) Notwithstanding anybegin delete provision ofend deletebegin insert otherend insert law,
14including, but not limited to, the advertising, bidding, and protest
15provisions of this article and Division 7 (commencing with Section
1670900) of Title 3 of the Education Code,begin insert but subject to Section
1788003.1,end insert
the governing board of a community college district may
18award a contract for the acquisition of goods, services, or
19information technology that has an estimated value of greater than
20five thousand dollars ($5,000), but less than two hundred fifty
21thousand dollars ($250,000), to a certified small business, including
22a microbusiness, or to a disabled veteran business enterprise, if
23the community college district obtains price quotations from two
24or more certified small businesses, including microbusinesses, or
25from two or more disabled veteran business enterprises.

26(b) In carrying out subdivision (a), a community college district
27shall consider a responsive offer timely received from a responsible
28certified small business, including a microbusiness, or from a
29disabled veteran business enterprise.

30(c) The definitions set forth in Section 14837 of the Government
31Code apply to this section.



O

    96