BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1176 (Galgiani) - Small Business Procurement and Contract  
          Act:  business size
          
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          |Version: April 21, 2016         |Policy Vote: G.O. 12 - 0        |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 2, 2016       |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File.







          Bill  
          Summary: SB 1176 would revise the definition of "small business"  
          and "microbusiness" for purposes of the Small Business  
          Procurement and Contract Act by (1) increasing the dollar amount  
          threshold for a small business and microbusiness to $30 million  
          and $5 million respectively, and (2) requiring those dollar  
          amounts to be adjusted to reflect changes in the California  
          Consumer Price Index (CPI), as specified.


          Fiscal  
          Impact: The Department of General Services (DGS) would incur  
          unknown, likely major, costs to implement the provisions of the  
          bill. These costs include (1) one-time FI$Cal programming costs  







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          associated with modifying the IT system's small business  
          certification system; (2) one-time workload associated with  
          updating regulations, the State Contracting Manual, and various  
          training materials and templates; and (3) ongoing workload  
          associated with processing additional certification applications  
          from the newly eligible firms.


          Background:  Under current law, a "small business" (SB) is defined as an  
          independently owned and operated business that meets the  
          following criteria: (1) it is not dominant in its field of  
          operation, (2) its principal office is located in California,  
          the officers of which are domiciled in California, and which,  
          together with affiliates, has 100 or fewer employees, and (3)  
          has average annual gross receipts of $14 million or less over  
          the previous three years, or is a manufacturer, as defined, and  
          has 100 or fewer employees. Current law defines a  
          "microbusiness" (MB) as a small business which, together with  
          affiliates, has average annual gross receipts of $3.5 million or  
          less over the previous three years, or is a manufacturer, as  
          defined, with 25 or fewer employees. Current law allows DGS to  
          raise the dollar threshold through administrative action to  
          reflect inflation, and DGS has an active rulemaking proceeding  
          to, among other things, raise the threshold to $15 million.
          Once certified as a small business, a firm qualifies as a small  
          business regardless of the type of contract it is bidding on or  
          participating in.  Small businesses receive a 5 percent bid  
          preference, increased interest on late payments, and eligibility  
          to participate in solicitations under the "Small Business/DVBE  
          Option."  


          The Small Business/Disabled Veterans Business Enterprise (DVBE)  
          Option is an optional contracting method under which departments  
          can award contracts up to specified dollar limits after  
          obtaining responsive, timely quotes from two small businesses or  
          two disabled veteran business enterprises.  The dollar limits  
          are $250,000 for goods, services, and information technology and  
          $291,000 for construction.




          Proposed Law:  








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          This bill would, among other things, do all of the following:
                 Revise the definition of SB and MB by increasing the  
               dollar amount threshold for a SB to $30 million and for a  
               MB to $5 million. The bill would require those dollar  
               amounts to be adjusted biennially to reflect changes in the  
               CPI.


                 For the purposes of public works contracts, contracts  
               awarded through competitive bids or otherwise for the  
               erection, construction, alteration, repair, or improvement  
               of any kind upon real property, define "small business" to  
               mean an independently owned and operated business that is  
               not dominant in its field of operation, the principal  
               office of which is located in California, the officers of  
               which are domiciled in California, and which, together with  
               affiliates, has 200 or fewer employees, and average annual  
               gross receipts of twenty-five million dollars ($25,000,000)  
               or less over the previous three years.




          Related  
          Legislation: SB 1219 (Hancock, 2016) includes "employment social  
          enterprise," which are businesses that provide jobs for  
          individuals who have experienced significant barriers to  
          employment, within the Small Business Procurement and Contract  
          Act (Act) for the purpose of allowing them to participate in  
          state contracting bid preferences provided to certified small  
          business enterprises. The bill is currently pending in this  
          Committee.


          Staff  
          Comments: As of December 2015, there were 26,404 businesses in  
          California which DGS had certified as small businesses. That  
          number would increase under the bill, the extent of which is  
          unknown. Since 2012, overall small business participation has  
          ranged between 22 and 28 percent. 
          This bill would create a split system of small business  
          certification. Firms with less than 100 employees and $15  
          million in revenue would continue to qualify as small businesses  
          for all contracts. Other firms (with 101-200 employees and/or  








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          $15-25 million in revenue) would qualify as small businesses  
          only for the purposes of public works contracts. DGS would  
          ultimately need to establish a separate certification for firms  
          with 101-200 employee and/or $15-25 million in revenue. This  
          would lead to increased programming costs for Fi$Cal, the extent  
          of which is unknown but likely to range in the hundreds of  
          thousands of dollars minimally. 


          All else equal, making more firms eligible for the small  
          business preference (at least for public works contracts) is  
          likely to result in more bidders qualifying for the preference.   
          The fiscal impact of this is difficult to estimate, in part  
          because DGS does not have data on the number of firms that would  
          qualify for "public works contract" certification under the  
          bill.


          Any local government costs resulting from the mandate in this  
          measure are not state-reimbursable because the mandate only  
          involves the definition of a crime or the penalty for conviction  
          of a crime.




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