AB 1353, as introduced, Linder. Public contracts.
The Subletting and Subcontracting Fair Practices Act requires an officer, department, board, or commission taking bids for the construction of any public work or improvement to provide in the specifications prepared for the work or improvement, or in the general conditions under which bids will be received, that any person making a bid or offer to perform the work, in his or her bid or offer, set forth the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement, as specified.
This bill would instead require that those specifications provide that any person making a bid or offer to perform the work, in his or her bid or offer, set forth each subcontractor required to be licensed by the Contractors’ State License Board who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or who will, under subcontract to the prime contractor, specially fabricate and install a portion of the work or improvement, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4104 of the Public Contract Code is
2amended to read:
Any officer, department, board or commission taking
4bids for the construction of any public work or improvement shall
5provide in the specifications prepared for the work or improvement
6or in the general conditions under which bids will be received for
7the doing of the work incident to the public work or improvement
8that any person making a bid or offer to perform the work, shall,
9in his or her bid or offer, set forth:
10(a) (1) The name and the location of the place of business of
11each subcontractorbegin delete whoend deletebegin insert required to be licensed by the Contractors’
12State License
Board whoend insert
will perform work or labor or render
13service to the prime contractor in or about the construction of the
14work or improvement, orbegin delete a subcontractor licensed by the State of whobegin insert willend insert, under subcontract to the prime contractor,
15Californiaend delete
16speciallybegin delete fabricates and installsend deletebegin insert fabricate or installend insert a portion of the
17work or improvement according to detailed drawings contained
18in the plans and specifications, in an amount in excess of one-half
19of 1 percent of the prime contractor’s total bid or, in the case of
20bids or offers for the construction of streets or highways, including
21bridges, in excess of one-half of 1 percent of the
prime contractor’s
22total bid or ten thousand dollars ($10,000), whichever is greater.
23(2) (A) Subject to subparagraph (B), any information requested
24by the officer, department, board, or commission concerning any
25subcontractor who the prime contractor is required to list under
26this subdivision, other than the subcontractor’s name and location
27of business, may be submitted by the prime contractor up to 24
28hours after the deadline established by the officer, department,
29board, or commission for receipt of bids by prime contractors.
30(B) A state or local agency may implement subparagraph (A)
31at its option.
32(b) The portion of the work that will be done by each
33subcontractor under this act. The prime contractor shall list only
P3 1one subcontractor for each portion as is defined by the prime
2contractor in
his or her bid.
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