Amended in Senate March 23, 2015

Senate BillNo. 159


Introduced by Senator Nielsen

February 3, 2015


An act to amend Sectionbegin delete 14839end deletebegin insert 10111end insert of thebegin delete Governmentend deletebegin insert Public Contractend insert Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

SB 159, as amended, Nielsen. begin deleteOffice of Small Business and Disabled Veteran Business Enterprise Services. end deletebegin insertCalifornia Disabled Veteran Business Enterprise Programend insertbegin insert:end insertbegin insert goal achievement.end insert

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Existing law establishes statewide participation goals that apply to the overall dollar amount expended each year by an awarding department, as defined, to facilitate the participation of disabled veteran business enterprises in state contracts, and establishes the California Disabled Veteran Business Enterprise Program for this purpose. Existing law requires the Department of General Services to make available a report on contracting activity containing specified information, including a statistical summary detailing each awarding department’s goal achievement under the California Disabled Veteran Business Enterprise Program and a statewide total of those goals.

end insert
begin insert

This bill would specify that an awarding department’s goal achievement under the California Disabled Veteran Business Enterprise Program, and statewide total of those goals, be measured as specified. The bill would also make a legislative finding that this bill is clarifying and declaratory of existing law.

end insert
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Existing law provides for various programs to encourage the participation of small businesses, as certified by the Department of General Services, in state agency contracts, and sets forth the duties of the Office of Small Business and Disabled Veteran Business Enterprise Services in this regard.

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This bill would make nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 10111 of the end insertbegin insertPublic Contract Codeend insertbegin insert is
2amended to read:end insert

3

10111.  

Commencing January 1, 2007, the department shall
4make available a report on contracting activity containing the
5following information:

6(a) A listing of consulting services contracts that the state has
7entered into during the previous fiscal year. The listing shall
8include the following:

9(1) The name and identification number of each contractor.

10(2) The type of bidding entered into, the number of bidders,
11whether the low bidder was accepted, and if the low bidder was
12not accepted, an explanation of why another contractor was
13selected.

14(3) The amount of the contract price.

15(4) Whether the contract was a noncompetitive bid contract,
16and why the contract was a noncompetitive bid contract.

17(5) Justification for entering into each consulting services
18contract.

19(6) The purpose of the contract and the potential beneficiaries.

20(7) The date when the initial contract was signed, and the date
21when the work began and was completed.

22(b) The report shall also include a separate listing of consultant
23contracts completed during that fiscal year, with the same
24information specified in subdivision (a).

25(c) The information specified in subdivisions (a) and (b) shall
26also include a list of any contracts underway during that fiscal year
27on which a change was made regarding the following:

28(1) The completion date of the contract.

29(2) The amount of money to be received by the contractor, if it
30exceeds 3 percent of the original contract price.

P3    1(3) The purpose of the contract or duties of the contractor. A
2brief explanation shall be given if the change in purpose is
3significant.

4(d) The level of participation, by agency, of disabled veteran
5business enterprises in statewide contracting and shall include
6dollar values of contract award for the following categories:

7(1) Construction.

8(2) Architectural, engineering, and other professional services.

9(3) Procurement of materials, supplies, and equipment.

10(4) Information technology procurements.

11Additionally, the report shall include a statistical summary
12detailing each awarding department’s goal achievement and a
13statewide total of those goals.begin insert An awarding departmentend insertbegin insert’s goal
14achievement is to be measured pursuant to subdivision (a) of
15Section 999.2 of the Military and Veterans Code and subdivision
16(c) of Section 10115 of this code.end insert

17(e) The level of participation by small business in state
18contracting including:

19(1) Upon request, an up-to-date list of eligible small business
20bidders by general procurement and construction contract
21categories, noting company names and addresses and also noting
22which small businesses also qualify as microbusinesses.

23(2) By general procurement and construction contract categories,
24statistics comparing the small business and microbusiness contract
25participation dollars to the total state contract participation dollars.

26(3) By awarding department and general procurement and
27construction categories, statistics comparing the small business
28and microbusiness contract participation dollars to the total state
29contract participation dollars.

30(4) Any recommendations for changes in statutes or state
31policies to improve opportunities for small businesses and
32microbusinesses.

33(5) A statistical summary of small businesses and
34microbusinesses certified for state contracting by the number of
35employees at the business for each of the following categories:
360-5, 26-50, 51-75, and 76-100.

37(6) To the extent feasible, beginning in the year 2008, the
38number of contracts awarded by the department in the categories
39specified in paragraph (5).

P4    1(7) The number of contracts and dollar amounts awarded
2annually pursuant to Section 14838.5 of the Government Code to
3small businesses, microbusinesses, and disabled veteran business
4enterprises.

5(f) The level of participation of business enterprises, by race,
6ethnicity, and gender of the owner, in contracts to the extent that
7the information has been voluntarily reported to the department.
8In addition, the report shall contain the levels of participation of
9business enterprises, by race, ethnicity, and gender of the owner,
10and whether the business is a lesbian, gay, bisexual, or transgender
11owned business for the following categories of contracts, to the
12extent that the information has been voluntarily reported to the
13department:

14(1) Construction.

15(2) Purchases of materials, supplies, or equipment.

16(3) Professional services.

17(g) In the years 2011 and 2012, any errors reported to the
18department by an awarding agency as required by Sections 10302,
1910344, and 12104.5, in the previous fiscal year.

20(h) The amendments made to this section by begin delete the act adding this
21subdivisionend delete
begin insert end insertbegin insertChapter 861 of the Statutes of 2012end insert shall apply on and
22after January 1, 2013.

23begin insert

begin insertSEC. 2.end insert  

end insert

begin insertThe Legislature finds and declares that the amendments
24made by this act to Section 10111 of the Public Contract Code end insert
begin insertare
25clarifying and declaratory of existing law.end insert

begin delete
26

SECTION 1.  

Section 14839 of the Government Code is
27amended to read:

28

14839.  

There is hereby established within the department the
29Office of Small Business and Disabled Veteran Business Enterprise
30Services. The duties of the office shall include:

31(a) Compiling and maintaining a comprehensive bidders list of
32qualified small businesses and disabled veteran business
33enterprises, and noting which small businesses also qualify as
34microbusinesses.

35(b) Coordinating with the Federal Small Business
36Administration, the Minority Business Development Agency, and
37the Office of Small Business Development of the Department of
38Economic and Business Development.

39(c) Providing technical and managerial aids to small businesses,
40microbusinesses, and disabled veteran business enterprises by
P5    1conducting workshops on matters in connection with government
2procurement and contracting.

3(d) Assisting small businesses, microbusinesses, and disabled
4veteran business enterprises in complying with the procedures for
5bidding on state contracts.

6(e) Working with appropriate state, federal, local, and private
7organizations and business enterprises in disseminating information
8on bidding procedures and opportunities available to small
9businesses, microbusinesses, and disabled veteran business
10enterprises.

11(f) Making recommendations to the department and other state
12agencies for simplification of specifications and terms in order to
13increase the opportunities for small business, microbusiness, and
14disabled veteran business enterprise participation.

15(g) Developing, by regulation, other programs and practices
16that are reasonably necessary to aid and protect the interest of small
17businesses, microbusinesses, and disabled veteran business
18enterprises in contracting with the state.

19(h) Making efforts to develop, in cooperation with associations
20representing counties, cities, and special districts, a core statewide
21small business certification application that may be adopted by all
22participating entities, with any supplemental provisions to be added
23as necessary by the respective entities.

24(i) The information furnished by each contractor requesting a
25small business or microbusiness preference shall be under penalty
26of perjury.

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