BILL NUMBER: AB 756	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 26, 2009

   An act to add Section 10111.5 to the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 756, as introduced, Eng. Public contracts: reports.
   The State Contract Act governs contracting between state agencies
and private contractors, and sets forth requirements for the
procurement of supplies, materials, equipment, and services by state
agencies. Existing law sets out the various responsibilities of the
Department of General Services and other state agencies in overseeing
and implementing state contracting procedures and policies.
   This bill would require state agencies to prepare an annual report
regarding personal services and consulting services contracts, as
defined, entered into by the agency and to transmit that report to
the Department of Finance for submission to the Legislature, as
provided.
   This bill would require contractors to provide specified
information to assist the state agency in the preparation of its
annual report of personal services and consulting services contracts.
This bill would make contractors who fail to provide this
information ineligible for any future personal services or consulting
services contracts and would cease payment for any ongoing contracts
until the information is provided.
   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 10111.5 is added to the Public Contract Code,
to read:
   10111.5.  (a) Each state agency shall annually prepare a report
that includes a list of the personal services and consulting services
contracts that it entered into during the previous fiscal year. The
report shall be organized to ensure transparency. The listing shall
include, but is not limited to, the following information:
   (1) The name and identification number of each contractor.
   (2) The statutory basis for the authorization of each contract,
including, if relevant, any applicable condition permitting personal
services contracts provided by Section 19130 of the Government Code.
   (3) The duration of each contract.
   (4) The number of amendments to each contract and the number of
renewals of each contract, where applicable.
   (5) The total amount of the contract price over the duration of
the contract, including all known amendments to the contract, the
total amount paid by the state agency during the most recently
completed fiscal year, and the number, cost, bill rate, and staffing
levels associated with each type of contract employee retained during
the most recently completed fiscal year. Staffing levels shall also
be described or accounted for in personnel years or full-time
equivalent terms.
   (6) Costs and relevant staffing information shall be organized and
reported using the following contract categories:
   (A) Architectural, engineering, and environmental services and
consulting services.
   (B) Information technology personal services and consulting
services.
   (C) Other personal services and consulting services contracts as
follows:
   (i) Professional, administrative, financial, and staff services
and consulting contracts.
   (ii) Legal services and consulting contracts.
   (iii) Education and information science services and consulting
contracts.
   (iv) Clerical and office services and consulting contracts.
   (v) Security services and consulting contracts.
   (vi) Scientific and technical services and consulting contracts.
   (vii) Facility, equipment, and landscape maintenance services and
consulting contracts.
   (viii) Printing and publishing services and consulting contracts.
   (ix) Property and food services, including janitorial services,
and consulting contracts.
   (x) Medical and health services and consulting contracts.
   (xi) Psychiatric, psychological, and social welfare services and
consulting contracts.
   (xii) Miscellaneous.
   (b) For purposes of this section, the following definitions apply:

   (1) "Consulting services contracts" has the same meaning as
defined in Section 10335.5.
   (2) "Personal services contracts" means any contract, requisition,
or purchase order, excluding public works contracts, under which
labor or personal services is a significant, separately identifiable
element.
   (c) (1) To facilitate state agency reporting, contractors shall
provide all of the staffing and cost information specified in
paragraph (5) of subdivision (a) to the agencies at the end of each
fiscal year for each and every personal services and consulting
services contract operative during that fiscal year.
   (2) Failure to report the staffing and cost information specified
in paragraph (5) of subdivision (a) in a useful and usable manner
shall be deemed a material breach of contract. Contractors who fail
to provide the information shall be ineligible for any future
personal services and consulting services contracts and payments for
any ongoing contracts shall cease until the requested information is
provided.
   (d) A written copy of the annual report shall be sent within 60
working days after the end of the previous fiscal year to the
Department of Finance. The Department of Finance shall forward the
reports to the Legislature as part of the budget submission and
approval process.
   (e) This section shall not apply to information resulting from
contracts for confidential expert consulting services that
constitutes an attorney work product or is protected by the
attorney-client privilege.
   (f) The report shall be made available to the public in a format
similar to that used by the agency in its Wages and Salaries
Supplement report.