Amended in Senate March 31, 2016

Senate Bill No. 1214

Introduced by Senator Allen

February 18, 2016

An act to begin delete add Section 712.5 to the Military and Veterans Code, relating to veterans. end delete begin insert amend Sections 10506.4 and 10506.5 of, to amend the heading of Article 1.5 (commencing with Section 10506.4) of Chapter 2.1 of Part 2 of Division 2 of, and to repeal Sections 10506.8 and 10506.9 of, the Public Contact Code, relating to public contracts. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1214, as amended, Allen. begin delete Veterans: Internet resources. end delete begin insert University of California: Best Value Construction Contracting Program. end insert

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(1) Existing law authorizes, through January 1, 2017, a pilot program for the Regents of the University of California to contract for certain types of projects on the university of the University of California based on the best value procedures, as specified. Existing law defines the term “university” to mean the campuses of the University of California, including the medical centers. The law requires, on or before January 1, 2016, the Regents of the University of California to report to specific committees of the Legislature regarding the pilot program, including, among other information, a description of the projects awarded using the best value procedures.

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This bill would make the provisions of pilot program effective indefinitely as the Best Value Construction Contracting Program and would make conforming changes by repealing the reporting requirement and references to a pilot program. This bill would modify the definition of the term “university” to mean all locations of the University of California.

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(2) By extending the requirement that bidders verify specified information under oath, this bill would impose a state-mandated local program by expanding the scope of an existing crime.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law establishes the Department of Veterans Affairs within state government and sets forth its powers and duties, including, but not limited to, the administration of veterans benefits programs. Existing law requires the department to make available to family members of veterans returning from active duty user-friendly Internet resources that provide information on the signs of pertinent ailments from various conflicts, as specified, and printed material regarding those ailments at any public function of the department. Existing law requires the department to post information pertaining to benefit programs that are available to qualified homeless veterans on its Internet Web site.

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This bill would require the Department of Veterans Affairs to develop and implement a plan, by January 1, 2018, to routinely analyze myCalVet data, as defined, to identify trends in the services veterans and their families indicate they are most interested in, and to incorporate the results of those analyses into its outreach efforts, as specified.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert The heading of Article 1.5 (commencing with
Section 10506.4) of Chapter 2.1 of Part 2 of Division 2 of the end insert begin insert
Public Contract Code end insert begin insert is amended to read: end insert

 

Article 1.5.  Best Value Construction Contracting begin delete Pilot end delete Program

 

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10506.4 of the end insert begin insert Public Contract Code end insert begin insert is
amended to read: end insert

10506.4.  

(a) This article provides begin delete for a pilot program end delete begin insert the Best
Value Construction Contracting Program end insert for the Regents of the
University of California for projects over one million dollars
($1,000,000).

(b) The Regents of the University of California shall let any
contract for a project pursuant to this article to the lowest
responsible bidder or else reject all bids.

(c) The lowest responsible bidder may be selected on the basis
of the best value to the university, as defined in Section 10506.5.
In order to implement this method of selection, the Regents of the
University of California shall adopt and publish procedures and
required guidelines for evaluating the qualifications of the bidders
that ensure that best value selections by the university are
conducted in a fair and impartial manner. These procedures and
guidelines shall conform to the requirements of Sections 10506.6
and 10506.7 and shall be mandatory for the university when using
best value selection.

(d) If one or more of the bids is substantially equal to the lowest
bid, and at least one of those bidders is a disadvantaged business
enterprise, a women business enterprise, or a disabled veteran
business enterprise, the regents may award the contract in
accordance with the policies and procedures adopted pursuant to
Section 10500.5.

(e) If the regents deem it to be for the best interest of the
university, the regents may, on the refusal or failure of the
successful bidder for a project to execute a tendered contract, award
it to the second lowest responsible bidder. If the second lowest
bidder fails or refuses to execute the contract, the regents may
likewise award it to the third lowest responsible bidder.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 10506.5 of the end insert begin insert Public Contract Code end insert begin insert is
amended to read: end insert

10506.5.  

For purposes of this article, the following definitions
apply:

(a) “Best value” means a procurement process whereby the
lowest responsible bidder may be selected on the basis of objective
criteria for evaluating the qualifications of bidders with the
resulting selection representing the best combination of price and
qualifications.

(b) “Best value contract” means a contract entered into pursuant
to the provisions of this article.

(c) “Best value contractor” means a properly licensed person,
firm, or corporation that submits a bid for, or is awarded, a best
value contract.

(d) “Demonstrated management competency” means the
experience, competency, capability, and capacity of the proposed
management staffing to complete projects of similar size, scope,
or complexity.

(e) “Financial condition” means the financial resources needed
to perform the contract. The criteria used to evaluate a bidder’s
financial condition shall include, at a minimum, capacity to obtain
all required payment bonds, performance bonds, and liability
insurance.

(f) “Labor compliance” means the ability to comply with, and
past performance with, contract and statutory requirements for the
payment of wages and qualifications of the workforce. The criteria
used to evaluate a bidder’s labor compliance shall include, as a
minimum, the bidder’s ability to comply with the apprenticeship
requirements of the California Apprenticeship Council and the
Department of Industrial Relations, its past conformance with such
requirements, and its past conformance with requirements to pay
prevailing wages on public works projects.

(g) “Qualifications” means financial condition, relevant
experience, demonstrated management competency, labor
compliance, the safety record of the bidder, and, if required by the
bidding documents, some or all of the preceding qualifications as
they pertain to subcontractors proposed to be used by the bidder
for designated portions of the work.

(h) “Relevant experience” means the experience, competency,
capability, and capacity to complete projects of similar size, scope,
or complexity.

(i) “Safety record” means the prior history concerning the safe
performance of construction contracts. The criteria used to evaluate
a bidder’s safety record shall include, as a minimum, its experience
modification rate for the most recent three-year period, and its
average total recordable injury or illness rate and average lost work
rate for the most recent three-year period.

(j) “University” means all begin delete campuses end delete begin insert locations end insert of the University
of begin delete California, including the medical centers. end delete begin insert California. end insert

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begin insert SEC. 4. end insert   

end insert

begin insert Section 10506.8 of the end insert begin insert Public Contract Code end insert begin insert is
repealed. end insert

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10506.8.  

On or before January 1, 2016, the Regents of the
University of California shall submit a report to the appropriate
policy committees of the Legislature and the Joint Legislative
Budget Committee. The report shall include, but is not limited to,
the following information:

(a) A description of the projects awarded using the best value
procedures.

(b) The contract award amounts.

(c) The best value contractors awarded the projects.

(d) A description of any written protests concerning any aspect
of the solicitation, bid, or award of the best value contracts,
including the resolution of the protests.

(e) A description of the prequalification process.

(f) The criteria used to evaluate the bids, including the weighting
of the criteria and an assessment of the effectiveness of the
methodology.

(g) If a project awarded under this article has been completed,
an assessment of the project performance, to include a summary
of any delays or cost increases.

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begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 10506.9 of the end insert begin insert Public Contract Code end insert begin insert is
repealed. end insert

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10506.9.  

This article shall remain in effect only until January
1, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.

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begin insert SEC. 6. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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SECTION 1.  

Section 712.5 is added to the Military and
Veterans Code, to read:

712.5.  

(a) By January 1, 2018, the department shall develop
and implement a plan to routinely analyze and use myCalVet data
to identify trends in the services veterans and their families indicate
they are most interested in, and to incorporate the results of that
analyses into its outreach efforts.

(b) To determine the most successful methods for informing
veterans and their families about the myCalVet Internet Web site,
and to increase the number of registered users, the department
shall evaluate myCalVet data to identify which outreach methods
were most effective in informing registered users about the
myCalVet Internet Web site.

(c) For purposes of this section:

(1) “MyCalVet data” means the data collected or accessed
through the myCalVet Internet Web site.

(2) “MyCalVet Internet Web site” means the Internet Web site
maintained by the department that allows veterans and family
members to connect to veterans benefits and services through the
creation of online profiles that provide access to information related
to, among others, health care, education, housing, employment,
advocacy, claims assistance, and service providers.

end delete