BILL NUMBER: AB 2682	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 21, 2014

   An act to add Chapter 2.3 (commencing with Section 2010) to Part 1
of Division 2 of the Public Contract Code, relating to state
contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2682, as introduced, Wagner. Responsible and reliable parties.
   Existing law, for purposes of public works contracts, defines the
term "responsible bidder" to mean a bidder that has demonstrated the
attribute of trustworthiness, as well as quality, fitness, capacity,
and experience to satisfactorily perform the public works contract.
   This bill would require a state agency that solicits offers,
awards a contract, or consents to subcontracts, under the Small
Business Procurement and Contract Act, for goods and services under
other specified law, or for information technology, to do so only
with responsible and reliable parties. The bill would require the
Department of General Services to adopt regulations for that
procurement to provide for the suspension, debarment, or other
exclusion of a party in a procurement activity that has not
demonstrated the attribute of trustworthiness, or lacks the quality,
fitness, capacity, and experience to satisfactorily perform a
contract under those provisions. The bill would prohibit a state
agency from allowing a party to participate in any procurement
activity if the party has been suspended, debarred, or otherwise
excluded from participation pursuant to those regulations.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Chapter 2.3 (commencing with Section 2010) is added to
Part 1 of Division 2 of the Public Contract Code, to read:
      CHAPTER 2.3.  RESPONSIBLE AND RELIABLE PARTIES


   2010.  (a) A state agency that solicits offers for, awards a
contract for, or consents to subcontracts for, goods and services
under Chapter 6.5 (commencing with Section 14835) of Part 5.5 of
Division 3 of Title 2 of the Government Code or Chapter 2 (commencing
with Section 10290) of Part 2, or for information technology under
Chapter 3 (commencing with Section 12100) of Part 2, shall do so only
with responsible and reliable parties in accordance with regulations
adopted pursuant to subdivision (b).
   (b) The Department of General Services shall adopt regulations for
procurement under Chapter 6.5 (commencing with Section 14835) of
Part 5.5 of Division 3 of Title 2 of the Government Code or Chapter 2
(commencing with Section 10290) of Part 2, and procurement of
information technology under Chapter 3 (commencing with Section
12100) of Part 2, to provide for the suspension, debarment, or other
exclusion of a party in a procurement activity that has not
demonstrated the attribute of trustworthiness, or lacks the quality,
fitness, capacity, and experience to satisfactorily perform a
contract under those provisions. The regulations shall include, but
are not limited to, the following elements:
   (1) Preclude contractors with a history of poor performance or
that have violated small business or disabled veteran business
enterprise regulations from doing business with the state either as a
primary contractor or as a subcontractor for a specified period.
   (2) Preclude a business formed by principals of an entity subject
to paragraph (1) from doing business with the state for the same
period imposed pursuant to that paragraph.
   (3) Provide for appeal of a suspension, debarment, or other
exclusion pursuant to this chapter. Appeal shall be to the Office of
Administrative Hearings, to be conducted by administrative law judges
of that office.
   (c) A state agency shall not allow a party to participate in any
procurement activity if the party has been suspended, debarred, or
otherwise excluded from participation pursuant to those regulations.