BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2358


                                                                    Page  1





          ASSEMBLY THIRD READING


          AB  
          2358 (Bigelow and Wood)


          As Amended  May 27, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Accountability  |9-0  |Cristina Garcia,      |                    |
          |                |     |Lackey, Brough,       |                    |
          |                |     |Burke, Frazier,       |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Beth Gaines, Irwin,   |                    |
          |                |     |Medina, Rodriguez     |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |








                                                                    AB 2358


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          SUMMARY:  Increases the maximum amount for which a state agency  
          can directly contract with a certified small business (SB) or a  
          disabled veteran business enterprise (DVBE) from $250,000 to  
          $300,000.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, the less competitive nature of the streamlined  
          bidding process on contracts between $250,000 to $300,000 could  
          result in higher contract costs of up to several hundred  
          thousand dollars annually.  Partially offsetting the above costs  
          would be reduced administrative costs associated with  
          streamlined bidding, advertising, and contract awarding  
          procedures.  




          COMMENTS:  Under current law, certain state contracts with SBs  
          and DVBEs for goods, services, or information technology can  
          bypass formal competitive bidding requirements.  Specifically,  
          state agencies are allowed to contract directly with a SB or  
          DVBE after obtaining price quotes from at least two firms before  
          awarding the contract.  Contracts offered under this streamlined  
          SB/DVBE option are currently limited to between $5,000 and  
          $250,000 in value.  This bill increases the maximum amount to  
          $300,000.


          According to the author, "Adequate access to contract  
          opportunities for both small businesses and DVBEs is a continual  
          problem.  This bill will allow small and veteran-owned  
          businesses to have more access to state agency contracts by  
          increasing the direct contracting limit from $250,000 to  
          $300,000."  








                                                                    AB 2358


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          The Department of General Services' most recent consolidated  
          annual report notes that 22,674 contracts were awarded using the  
          SB/DVBE option for fiscal year 2014-15.  It is unclear whether  
          or not increasing the maximum contract value under the option to  
          $300,000 will increase the number of participating SB or DVBE  
          firms.  Hypothetically, state agencies could, if they wish, pick  
          specific firms with whom they have done business before and  
          invite them to make offers since formal bidding requirements do  
          not apply.


          Analysis Prepared by:                                             
                          Cassie Royce / A. & A.R. / (916) 319-3600  FN:  
          0003173