BILL NUMBER: AB 1198	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 22, 2013

   An act to amend Section 2051 of the Penal Code, relating to the
Department of Corrections and Rehabilitation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1198, as introduced, Jones-Sawyer. Department of Corrections
and Rehabilitation.
   Existing law authorizes the Department of Corrections and
Rehabilitation to contract for provisions, clothing, medicines,
forage, fuel, and all other staple supplies needed for the support of
the prisons for any period of time, not exceeding one year, and
further specifies bidding procedures and other particulars of the
bidding process in connection with awarding those contracts.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2051 of the Penal Code is amended to read:
   2051.  The department is hereby authorized to contract for
provisions, clothing, medicines, forage, fuel, and all other staple
supplies needed for the support of the prisons for any period of
time, not exceeding one year, and  such   those
 contracts shall be limited to bona fide dealers in the several
classes of articles contracted for. Contracts for  such
  those  articles as the department may desire to
contract for, shall be given to the lowest bidder at a public letting
thereof, if the price bid is a fair and reasonable one, and not
greater than the usual value and prices.
   Each bid shall be accompanied by  such   that
 security as the department may require, conditional upon the
bidder entering into a contract upon the terms of his  or her
 bid, on notice of the acceptance thereof, and furnishing a
penal bond with good and sufficient sureties in  such
  that  sum as the department may require, and to
its satisfaction that  he   the bidder 
will faithfully perform  his   the bidder's
 contract.
   If the proper officer of the prison reject any article, as not
complying with the contract, or if a bidder fail to furnish the
articles awarded to him  or her  when required, the proper
officer of the prison may buy other articles of the kind rejected or
called for, in the open market, and deduct the price thereof, over
the contract price, from the amount due to the bidder, or charge the
same up against  him   the   bidder
 .
   Notice of the time, place, and conditions of the letting of
contracts shall be given for at least two consecutive weeks in two
newspapers printed and published in the City and County of San
Francisco, and in one newspaper printed and published in the County
of Sacramento, and in the county where the prison to be supplied is
situated.
   If all the bids made at  such  that 
letting are deemed unreasonably high, the department may, in its
discretion, decline to contract and may again advertise for 
such   that  time and in  such 
 those  papers as it sees proper for proposals, and may so
continue to renew the advertisement until satisfactory contracts are
made; and in the meantime the department may contract with anyone
whose offer is regarded as just and equitable, or may purchase in the
open market.
   No bids shall be accepted, nor a contract entered into in
pursuance thereof, when  such   that  bid
is higher than any other bid at the same letting for the same class
or schedule of articles, quality considered, and when a contract can
be had at  such   that  lower bid.
   When two or more bids for the same article or articles are equal
in amount, the department may select the one which, all things
considered, may by it be thought best for the interest of the
 State   state  , or it may divide the
contract between the bidders as in its judgment may seem proper and
right.
   The department shall have power to let a contract in the aggregate
or they may segregate the items, and enter into a contract with the
bidder or bidders who may bid lowest on the several articles.
   The department shall have the power to reject the bid of any
person who had a prior contract and who had not, in the opinion of
the department, faithfully complied therewith.