BILL NUMBER: AB 173 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 23, 2013
AMENDED IN ASSEMBLY MAY 9, 2013
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 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 Colleges , and establishes criminal penalties for the
violation of those provisions .
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 would similarly authorize
include among those provisions that given contracting by the
University of California similar authority 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 , and would exempt violation
of these provisions from prescribed criminal penalties .
By changing the definition of existing crimes, this bill would
impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14838.64 is added to the Government Code, to
read:
14838.64. (a) Notwithstanding any other 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.
SEC. 2. Section 10508.5 is added to the Public Contract Code, to
read:
10508.5. (a) Notwithstanding any other law, including, but not
limited to, the advertising, bidding, and protest provisions of
Chapter 2.1 (commencing with Section 10500) and Chapter 3
(commencing with Section 12100) of Part 2 of Division 2 of this code,
and Chapter 6 (commencing with Section 14825) and Chapter 6.5
(commencing with Section 14835) of Part 5.5 of Division 3 of Title 2
of the Government 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
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) 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.
(d) Sections 10522, 10523, 10524, and 10525 do not apply to
violations of this section.
SEC. 3. Section 20651.2 is added to the Public Contract Code, to
read:
20651.2. (a) Notwithstanding any other 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, but subject to Section 88003.1, 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) The definitions set forth in Section 14837 of the Government
Code apply to this section.
SEC. 4 . No reimbursement is required
by this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.