BILL NUMBER: AB 756 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY MARCH 31, 2009
INTRODUCED BY Assembly Members Eng and Lieu
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 amended, Eng. Public contracts: reports
information: Internet Web site .
Existing law governing contracting between state agencies and
private contractors sets forth requirements for the procurement of
supplies, materials, equipment, and services by state agencies and
sets forth 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 a state agencies
agency, except as specified, to prepare
an annual report, available on each agency's provide
a link to a centrally located and accessible state-run Internet
Web site , regarding that includes a list of
the personal services and consulting services contracts, as
defined, entered into by the agency and to electronically
transmit that report to the Department of Finance and to the
Legislature, as provided . This bill would require the
listings on the state's Internet Web site to include specified
information.
This bill would require contractors to electronically provide
specified information to assist the state agency
state agencies in the preparation of its annual
report reporting of information for the listings
of personal services and consulting services contracts. This bill
would make contractors who fail to provide this information
ineligible for any additional 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 provide a link to a centrally located and
accessible state-run Internet Web site that includes a list of
the personal services and consulting services contracts that it
entered into during the previous fiscal year. The report
All listings shall be available on each
agency's in searchable form on the state's
Internet Web site. The report listings
shall be organized to ensure transparency. The listing
listings shall include, but is not limited to,
the following information:
(1) The name and identification number of each contractor ,
as well as whether the contractor is a for profit, nonprofit, small
business, micro-business, disabled veteran, or nonprofit veteran's
service agency .
(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) Reason why low bid was not accepted.
(6) Reason for noncompetitive bidding.
(5)
(7) 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 In time and material contracts, staffing
levels shall also be described or accounted for in personnel
years or full-time equivalent terms. In deliverables based
contracts, average staffing levels and bill rates shall be available
and reportable 90 days after the completion of the contract or after
one year, whichever occurs first.
(6)
(8) Costs and relevant staffing information shall be
organized and reported using the following contract
categories: both broad and detailed contract
categories that are based on the United Nations Standard Products and
Services Code (UNSPSC).
(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.
(3) "Time and material contract" means a contract under which the
contractor agrees to furnish and install materials or fixtures, or
both, and which sets forth separately a charge for the materials or
fixtures and a charge for their installation or fabrication.
(4) "Deliverables" means any contract, requisition or purchasing
order, excluding public works contracts which does not specify actual
cost of direct labor at specified hourly rates or actual cost of
materials. These contracts are for products or services that must be
completed and delivered as final products under the terms of an
agreement or contract.
(c) (1) To facilitate state agency reporting of information
for the listings , contractors shall electronically 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) Contractors who fail to provide the required information shall
be subject to both of the following until the information is
provided:
(A) Payments for any ongoing contracts shall cease.
(B) The contractor shall be ineligible for any additional personal
services or consulting services contracts.
(d) A copy of the annual report shall be sent electronically
within 60 working days after the end of the previous fiscal year to
the Department of Finance and the Legislature.
(d) The information required by subdivision (a) shall be made
available to the public in an electronic format that is searchable
and easy to use in order to promote and support government
transparency.
(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 an
electronic format similar to that used by the agency in its Wages and
Salaries Supplement report.
(f) State agencies that are not required to report to the State
Contract and Procurement Registration System (SCPRS) shall be exempt
from the requirements of this section, except as required under
Section 6254 of the Government Code.