BILL NUMBER: AB 756 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 27, 2009
AMENDED IN SENATE AUGUST 17, 2009
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
( Principal coauthor: Senator
Leno )
( Coauthor: Assembly Member
Jones )
( Coauthor: Senator Oropeza
)
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: 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 agency, except as specified, to
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, as defined, entered into by the
agency. This bill would require the listings on the state's Internet
Web site to include specified information, and would require
all new contracts , on and after January
1, 2012, a summary of a contract to be initially posted within
15 working days of being signed by all parties. This bill would
require the Director of the Department of General Services to
maintain the Internet Web site and to establish the publishing of the
contract listing information. This bill would also authorize the
department to use the services of any state agency.
This bill would require contractors to electronically provide
specified information to assist state agencies in the reporting of
information for the listings of personal services and consulting
services contracts.
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) (1) Each state agency shall provide a link to a
centrally located and accessible state-run Internet Web site that
includes a listing of the personal services and consulting services
contracts that it entered into during the fiscal year.
(2) The Director of the Department of General Services shall
maintain the Internet Web site and shall establish the publishing of
the contract listing information specified in subdivision (c). In
implementing this section, the Department of General Services may use
the services of any state agency, as that term is defined in Section
11000 of the Government Code.
(3) It is the intent of the Legislature that the contract listing
information 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.
(b) Contract listings shall be organized and reported in one of
the following manners:
(1) Using the maximum level of specificity available through the
United Nations Standard Products and Services Code (UNSPSC).
(2) Covering the following broad category names:
(A) Architectural, engineering, and environmental services and
consulting services.
(B) Information technology personal services and consulting
services.
(C) Other personal services and consulting services.
(c) The contract listings shall include, but is not limited to,
the following information:
(1) The name and license, registration, certification, or
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, if applicable.
(6) Reason for noncompetitive bidding, if applicable.
(7) (A) The total amount of the contract allocation 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. 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.
(B) To facilitate state agency reporting of information for the
listings, contractors shall electronically provide all of the
staffing and cost information specified in subparagraph (A) to the
agencies, which shall be reportable 90 days after the completion of
the contract or after one year for each and every personal services
and consulting services contract operative during that fiscal year.
(C) This paragraph shall become operative on January 1, 2011.
(d) (1) A summary of a contract shall be initially posted within
30 working days of the contract being signed by all parties. On and
after January 1, 2012, the summary of a contract shall be initially
posted within 15 working days of the contract being signed by all
parties. The contract summary shall be updated as necessary to
include any information required by this section that is not
available at the time of posting.
(2) Notwithstanding paragraph (1), a summary of a contract entered
into by a special fund agency, as determined by the Department of
General Services in consultation with the Department of Finance,
shall be posted beginning on July 1, 2010. A summary of a contract
entered into by any other agency shall be posted beginning on July 1,
2011.
(3) This section shall only apply to contracts solicited after the
effective date of this section.
(e) This section shall not apply to information resulting from
contracts for confidential expert consulting services that
constitutes an attorney work product, is protected by the
attorney-client privilege, or results from a court order.
(f) Any inquiries about a specific contract shall be handled by
the contracting state agency. Each contract posted on the Internet
Web site shall include the contact information of the contracting
state agency, or a link to that information.
(g) 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.
(h) For purposes of this section, the following definitions apply:
(1) "Consulting services contracts" has the same meaning as
defined in Section 10335.5.
(2) "Deliverables" means any contract, requisition, or purchasing
order, excluding public works contracts that 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.
(3) "Personal services contracts" means any contract, requisition,
or purchase order under which labor or personal services is a
significant, separately identifiable element.
(4) "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.
SECTION 1. Section 10111.5 is added to the
Public Contract Code, to read:
10111.5. (a) Each state agency shall 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. All
listings shall be available in searchable form on the state's
Internet Web site and without charge to the public. The listings
shall be organized to ensure transparency. All new contracts shall be
initially posted within 15 working days of being signed by all
parties, and shall be updated as necessary to include any information
required by this section that is not available at the time of
posting. The listings shall include, but is not limited to, the
following information:
(1) The name and license, registration, certification, or
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.
(7) (A) The total amount of the contract allocation 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. 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.
(B) This paragraph shall become operative on January 1, 2011.
(8) Contract listings shall be organized and reported in one of
the following manners:
(A) Using the maximum level of specificity available through the
United Nations Standard Products and Services Code (UNSPSC).
(B) Using the following broad category names:
(i) Architectural, engineering, and environmental services and
consulting services.
(ii) Information technology personal services and consulting
services.
(iii) Other personal services and consulting services.
(iv) Information technology goods contracts.
(v) Non-information technology goods contracts.
(vi) Public works contracts.
(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 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 that 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) To facilitate state agency reporting of information for the
listings, contractors shall electronically provide all of the
staffing and cost information specified in paragraph (7) of
subdivision (a) to the agencies, which shall be reportable 90 days
after the completion of the contract or after one year for each and
every personal services and consulting services contract operative
during that fiscal year.
(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, is protected by the
attorney-client privilege, or results from a court order.
(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.
(h) This section does not in any manner affect the public
disclosure requirements of the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).