BILL NUMBER: AB 309	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Price

                        FEBRUARY 17, 2009

   An act to add Section 14838.8 to the Government Code, relating to
public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 309, as introduced, Price. Public contracts: small business
participation.
   Existing law, the Small Business Procurement and Contract Act,
requires the Director of General Services and the heads of other
state agencies that enter into contracts for the provision of goods,
services, and information technology and for the construction of
state facilities to establish goals for the participation of small
businesses in these contracts, to provide for small business
preference in the award of these contracts, to give special
consideration and special assistance to small businesses, and,
whenever possible, to make awards to small businesses, as specified.
   This bill would require all state agencies, departments, boards,
and commissions to establish and achieve a goal of 25% small business
participation in state procurements and contracts, to ensure that
the state's procurement and contract processes are administered in
order to meet or exceed the goal, and to report to the Director of
General Services statistics regarding small business participation in
his or her agency's procurements and contracts.
   The bill would require the Department of General Services to
monitor the progress of the agencies toward meeting the goal, to
notify the head of each agency of his or her agency's successes and
deficiencies toward meeting the goal, and to provide this information
to the Office of Small Business Advocate.
   The bill would also require a state agency, department, board, or
commission that has not achieved the goal by December 31, 2010, to
submit an implementation and corrective action plan to the Department
of General Services on or before August 1, 2011, and every year
thereafter as long as that agency fails to meet or exceed the goal.
The bill would require the department, in collaboration with the
Office of Small Business Advocate, to review any implementation and
corrective action plans received, and to explore ways to work with
the agencies that have not met the goal to improve performance.
   The bill would require all state agencies, departments, boards,
and commissions to work with the department to help small businesses
market their products, goods, and services to the state by providing
access to information about current bid opportunities on their
Internet Web sites.
   The bill would also require the Office of Small Business Advocate
to collaborate with the Department of General Services to
cooperatively enhance the state's small business program by helping
small businesses secure needed financing.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14838.8 is added to the Government Code, to
read:
   14838.8.  In order to encourage small business participation in
state contracts, all state agencies, departments, boards, and
commissions shall establish and achieve a goal of 25 percent small
business participation in state procurements and contracts.
   (a) Notwithstanding any other provision of this chapter, the heads
of all state agencies, departments, boards, and commissions shall
ensure that the state's procurement and contract processes are
administered in order to meet or exceed the 25 percent small business
participation goal, and shall report to the Director of General
Services statistics regarding small business participation in his or
her agency's procurements and contracts.
   (b) (1) The Department of General Services shall monitor the
progress of all state agencies, departments, boards, and commissions
toward meeting the 25 percent small business participation goal.
   (2) The department shall notify the head of each state agency,
department, board, or commission of his or her agency's successes and
deficiencies toward meeting the 25 percent small business
participation goal, based on its findings from monitoring that agency'
s progress.
   (3) The department shall provide this information to the Office of
Small Business Advocate.
   (c) (1) A state agency, department, board, or commission that has
not achieved the 25 percent small business participation goal by
December 31, 2010, shall submit an implementation and corrective
action plan to the Department of General Services on or before August
1, 2011, and annually thereafter as long as that agency fails to
meet or exceed the goal.
   (2) The Department of General Services, in collaboration with the
Office of Small Business Advocate, shall review any implementation
and corrective action plans received, and shall explore ways,
including memoranda of understanding, to work with the agencies that
have not met the goal to improve performance.
   (d) All state agencies, departments, boards, and commissions shall
use the Statutory Informal Bidding Provisions to contract with small
businesses for goods and services contracts under one hundred
thousand dollars ($100,000) and construction contracts under one
hundred twenty thousand dollars ($120,000) whenever possible.
   (e) (1) The Department of General Services shall actively promote
small business certification, help small businesses market their
products, goods, and services to the state, and promote the use of
the Subscription Outreach Service of the State Contracts Register.
   (2) All state agencies, departments, boards, and commissions shall
work with the department to help small businesses market their
products, goods, and services to the state by providing access to
information about current bid opportunities on their Internet Web
sites.
   (f) The Office of Small Business Advocate shall collaborate with
the Department of General Services to cooperatively enhance the state'
s small business program by helping small businesses secure needed
financing.