BILL NUMBER: SB 1249 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2010
AMENDED IN SENATE APRIL 20, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Ducheny
FEBRUARY 19, 2010
An act to add Chapter 2.01 (commencing with Section 10490.10) to
Part 2 of Division 2 of the Public Contract Code, relating to state
contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1249, as amended, Ducheny. Contracting by state agencies: best
value competitive bid contracts.
Existing law governs contracting between state agencies and
private contractors, sets forth requirements for the bidding,
awarding, and overseeing of contracts for construction projects, and
regulates the awarding of contracts for the purchase of goods and
services.
This bill would permit competitive bid contracts for construction
projects, including, but not limited to, projects of the California
State University, contracts for goods and services, and contracts for
information technology acquisition, to be awarded as best value
competitive bid contracts, as defined, taking into consideration,
when awarding the contract, the total direct and indirect economic
benefit to the state of the proposed contract, as prescribed.
The bill would prohibit the award of a contract to a bidder pursuant
to these provisions if the Director of General Services
determines that the award of the contract to that bidder would result
in a net loss of revenues to the General Fund based on estimates of
the total direct and indirect economic benefit to the state under the
contract. This The bill would
authorize the Director of General Services to adopt regulations to
assist state agencies in implementing these provisions.
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. It is the intent of the Legislature to do both of the
following:
(a) Permit a contract entered into between the state and outside
entities to reflect the true costs, both direct and indirect, of the
contract to the state.
(b) Permit the method established for calculating the actual cost
of any contract entered into to include both direct and indirect
economic benefits to the state through the employment of individuals
or companies or both or the purchase of goods or services or both
that generate revenues to the state, including personal or corporate,
or both personal and corporate, income taxes, property taxes, or
sales and use taxes.
SEC. 2. Chapter 2.01 (commencing with Section 10490.10) is added
to Part 2 of Division 2 of the Public Contract Code, immediately
following Chapter 2 (commencing with Section 10290), to read:
CHAPTER 2.01. BEST VALUE COMPETITIVE BID CONTRACTS
10490.10. (a) Notwithstanding any provision of law, commencing
January 1, 2011, every contract that would otherwise be required to
be awarded on a competitive basis pursuant to Chapter 1 (commencing
with Section 10100), Chapter 2 (commencing with Section 10290),
Chapter 2.5 (commencing with Section 10700), Chapter 3 (commencing
with Section 12100), and any other applicable state statute governing
state contracts, may be awarded, instead, as a best value
competitive bid contract to the bid or proposal that presents the
best overall value to the state.
(b) For purposes of this chapter, "best value competitive bid
contract" means a contract that is awarded on a competitive process
that is not based merely on the lowest direct cost to the state under
the contract, but rather is awarded to the bidder that presents the
overall best value to the state after consideration of the total
direct and indirect economic benefit to the state under the contract,
including, but not limited to, all of the following:
(1) The direct cost of the contract, including, but not limited
to, materials, goods, and services.
(2) Indirect value to the state generated by the contract,
including, but not limited to, an analysis of the proposed contract
to determine all of the following:
(A) (i) The total projected indirect revenue to the state
generated by the wages that the contractor and subcontractors, if
any, propose to pay their workers in performing under the contract.
(ii) The total projected indirect revenue to California local
governments generated by the wages that the contractor and
subcontractors, if any, propose to pay their workers in performing
under the contract and the indirect revenue to the state generated
thereby.
(B) (i) The total projected indirect revenue to the state
generated from the goods and materials that the contractor and
subcontractors, if any, propose to purchase or provide in performing
under the contract.
(ii) The total projected indirect revenue to California local
governments generated by the goods and materials that the contractor
and subcontractors, if any, propose to purchase or deliver in
performing under the contract and the indirect revenue to the state
generated thereby.
(iii) The indirect economic benefit to the state generated by the
economic activity related to the production of the goods and
materials to be purchased or delivered under the contract.
(c) The Director of General Services shall adopt regulations that
shall take effect immediately and are exempt from the rulemaking
provisions of the Administrative Procedure Act to provide guidance to
state agencies on best methods and practices and a related matrix to
assist those agencies in determining the overall best value.
(d) In determining the overall economic benefit to the state of a
proposed contract pursuant to this section, state agencies shall
consider, to the extent not prohibited under federal law, the
location where the wages are to be paid and the location where the
products or materials are to be manufactured or produced.
(e) No contract shall be awarded to a bidder pursuant to this
chapter if the Director of General Services determines that the award
of the contract to that bidder would result in a net loss of
revenues to the General Fund based on estimates of the total direct
and indirect economic benefit to the state under the contract.