Amended in Assembly May 23, 2013

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 add Section 14838.64 to the Government Code, and to add Sections 10508.5 and 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 Collegesbegin insert, and establishes criminal penalties for the violation of those provisionsend insert.

This bill would, notwithstanding those provisions, authorize the California State University and, subject to a specified provision, 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 wouldbegin delete similarly authorizeend deletebegin insert include among those provisions that given contracting byend insert the University of Californiabegin insert similar authorityend insert 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 delete, and would exempt violation of these provisions from prescribed criminal penaltiesend delete.begin insert By changing the definition of existing crimes, this bill would impose a state-mandated local program.end insert

begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1

SECTION 1.  

Section 14838.64 is added to the Government
2Code
, to read:

3

14838.64.  

(a) Notwithstanding any other law, including, but
4not limited to, the advertising, bidding, and protest provisions of
5Chapter 6 (commencing with Section 14825) of this part and
6Chapter 2.5 (commencing with Section 10700) and Chapter 3
7(commencing with Section 12100) of Part 2 of Division 2 of the
8Public Contract Code, the California State University may award
9a contract 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,
P3    1or to a disabled veteran business enterprise, if the California State
2University obtains price quotations from two or more certified
3small businesses, including microbusinesses, or from two or more
4disabled veteran business enterprises.

5(b) In carrying out subdivision (a), the California State
6University shall consider a responsive offer timely received from
7a responsible certified small business, including a microbusiness,
8or from a disabled veteran business enterprise.

9

SEC. 2.  

Section 10508.5 is added to the Public Contract Code,
10to read:

11

10508.5.  

(a) Notwithstanding any other law, including, but
12not limited to, the advertising, bidding, and protest provisions of
13Chapter 2.1 (commencing with Section 10500)begin delete and Chapter 3
14(commencing with Section 12100) of Part 2 of Division 2 of this
15code, and Chapter 6 (commencing with Section 14825) and Chapter
166.5 (commencing with Section 14835) of Part 5.5 of Division 3 of
17Title 2 of the Government Codeend delete
, the University of California may
18award a contract for the acquisition of goods, services, or
19information technology that has an estimated value of greater than
20one hundred thousand dollars ($100,000), but less than two hundred
21fifty thousand dollars ($250,000), to a certified small business,
22including a microbusiness, or to a disabled veteran business
23enterprise, if the University of California obtains price quotations
24from two or more certified small businesses, including
25microbusinesses, or from two or more disabled veteran business
26enterprises.

27(b) In carrying out subdivision (a), the University of California
28shall consider a responsive offer timely received from a responsible
29certified small business, including a microbusiness, or from a
30disabled veteran business enterprise.

31(c) No provision of this section shall apply to the University of
32California except to the extent that the Regents of the University
33of California, by appropriate resolution, make that provision
34applicable.

begin delete

35(d) Sections 10522, 10523, 10524, and 10525 do not apply to
36violations of this section.

end delete
37

SEC. 3.  

Section 20651.2 is added to the Public Contract Code,
38to read:

39

20651.2.  

(a) Notwithstanding any other law, including, but
40not limited to, the advertising, bidding, and protest provisions of
P4    1this article and Division 7 (commencing with Section 70900) of
2Title 3 of the Education Code, but subject to Section 88003.1, the
3governing board of a community college district may award a
4contract for the acquisition of goods, services, or information
5technology that has an estimated value of greater than five thousand
6dollars ($5,000), but less than two hundred fifty thousand dollars
7($250,000), to a certified small business, including a microbusiness,
8or to a disabled veteran business enterprise, if the community
9college district obtains price quotations from two or more certified
10small businesses, including microbusinesses, or from two or more
11disabled veteran business enterprises.

12(b) In carrying out subdivision (a), a community college district
13shall consider a responsive offer timely received from a responsible
14certified small business, including a microbusiness, or from a
15disabled veteran business enterprise.

16(c) The definitions set forth in Section 14837 of the Government
17Code apply to this section.

18begin insert

begin insertSEC. 4end insertbegin insert.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.

end insert


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