BILL NUMBER: AB 1444	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2009
	PASSED THE ASSEMBLY  MAY 21, 2009
	AMENDED IN ASSEMBLY  APRIL 20, 2009

INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 27, 2009

   An act to add Section 11011.27 to the Government Code, relating to
state property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1444, Garrick. Disposition of state property: services
contracts.
   Existing law authorizes the Director of General Services to take
various actions with respect to the sale, lease, and disposition of
state properties, including entering into lease purchase agreements
with state agencies for specified state properties, as provided.
   This bill would authorize the Department of General Services to
advertise and award contracts for services related to the disposition
of real properties, as provided. The bill would further authorize
the department to establish prequalified lists, as defined, of
qualified firms, as defined, that may enter into contracts with the
department to perform specific types of services needed by the
department with respect to the disposition of those real properties
in accordance with specified requirements, as provided.


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

  SECTION 1.  Section 11011.27 is added to the Government Code, to
read:
   11011.27.  (a) Notwithstanding any other law, the department may
advertise and award contracts for services related to the disposition
of real property, in accordance with this section.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Qualified firm" means an individual, firm, or combination of
firms and individuals having appropriate expertise and knowledge
related to due diligence investigations, land use planning, real
estate development, entitlement, appraisals, real estate economics
and valuation, marketing, public relations, auctioning, and other
related matters involved in the disposal, reuse, leasing, and sale of
real property.
   (2) "Prequalified list" means a list of firms that possess the
qualifications established by the department to perform specific
types of services needed by the department pursuant to this section.
   (c) The department may establish prequalified lists in accordance
with the following process:
   (1) For each type of work for which the department elects to use
this process for the advertising and awarding of contracts, the
department may request statements of qualifications from interested
firms. The request for statements of qualifications shall be
announced statewide through the State Contracts Register and any
applicable publications of appropriate professional societies. Each
announcement shall describe the general scope of services to be
provided within each category for contracts for services that the
department anticipates may be awarded during the period covered by
the announcement.
   (2) The department shall evaluate the statements of
qualifications, and create a list of the most qualified firms that
meet the criteria established and published by the department.
Discussions may be held regarding each firm's qualifications with all
listed firms. The department shall maintain lists of prequalified
firms, which shall be updated at least every two years from the date
the lists are established to allow for additional firms to be added.
The department may, at its discretion, add qualified firms more
frequently than every two years.
   (3) As specific real properties are identified by the department
as being eligible for contracting during the time period that the
prequalified lists are valid, the department shall contact at least
three qualified firms in each category of services desired by the
department for the real property disposition, to determine if those
qualified firms have sufficient staff and are available for
performance of a specific project. If the qualified firm that is
contacted is not available, the department shall continue to contact
qualified firms on the prequalified list, in the order the firms
appear on the list, until at least three available qualified firms
are identified. If a category on the prequalified list has less than
three qualified firms, the department may utilize other firms on the
prequalified list that are included in a different category on the
list, if those firms are able to provide the desired services.
   (4) Once the department has identified interested firms from the
prequalified list, it shall solicit cost proposals from those
prequalified firms. The department shall negotiate a contract for the
services with the best qualified firm at compensation the department
deems fair and reasonable to the state.
   (5) If the department is unable to negotiate a satisfactory
contract with the identified qualified firm, negotiations with that
qualified firm shall be terminated and negotiations shall be
undertaken with the next qualified firm on the prequalified list that
is available to perform the contract. If a satisfactory contract
cannot be negotiated with the second identified qualified firm,
negotiations may be terminated and the negotiation process shall be
continued with the remaining qualified firms. If the department is
unable to negotiate a satisfactory contract with a qualified firm on
three separate occasions, the department may remove that qualified
firm from the prequalified list.
   (d) Contracts for services that the department elects to advertise
and award in accordance with this section are not subject to Article
4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division
2 of the Public Contract Code and shall not include services defined
in Chapter 10 (commencing with Section 4525) of Division 5 of Title
1 of the Government Code.