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 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 21, 2016 |Policy Vote: G.O. 12 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 2, 2016 |Consultant: Robert Ingenito | | | | ----------------------------------------------------------------- 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 SB 1176 (Galgiani) Page 1 of ? 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: SB 1176 (Galgiani) Page 2 of ? 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 SB 1176 (Galgiani) Page 3 of ? $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. -- END --