BILL NUMBER: SB 1484	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 14, 2010
	AMENDED IN ASSEMBLY  JUNE 7, 2010

INTRODUCED BY    Committee on Governmental Organization
  (   Senators Wright (Chair),
Calderon, Denham, Florez, Harman, Negrete McLeod, Oropeza, Padilla,
Price, Wyland, and Yee   )   Senator
  Wright 

                        MARCH 8, 2010

   An act to add Section 14838.8 to the Government Code, relating to
public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1484, as amended,  Committee on Governmental
Organization   Wright  . Public contracts:
procurement: small business, microbusiness, and disabled veteran
business  enterprise   enterprises  .
   The Small Business Procurement and Contract Act requires the
directors of the Department of General Services and other state
agencies entering into contracts for the provision of goods,
information technology, and services to the state, and in the
construction of state facilities, to provide for a preference, as
specified, for any bid to small businesses and microbusinesses, under
specified circumstances. The act permits a state agency to award a
contract of a specified limited amount for the acquisition of goods,
services, or information technology, to a certified small business,
including a microbusiness, or to a disabled veteran business
enterprise if the agency receives certain other price quotations, as
specified.
   This bill would prohibit the Director of General Services and the
directors of other state departments or offices that enter into
contracts from engaging in the bundling of contracts, as defined,
which has the effect of restricting or excluding small business,
microbusiness, or disabled veteran business enterprise, from the
state contracting process. The bill would also provide that the
participation goals for small business, microbusiness, or disabled
veteran business  enterprise   enterprises 
participation for the act are not met by awarding a contract for
goods to a prime contractor that engages a small business,
microbusiness, or disabled veteran business enterprise as a
subcontractor on that contract.
   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 14838.8 is added to the Government Code, to
read:
   14838.8.  (a) Notwithstanding any other law,  in order
 to facilitate the participation of small businesses,
microbusinesses, or disabled veteran business enterprises in the
provision of goods to the state, the Director of General Services and
the directors of other state departments or agencies that enter into
contracts within their respective areas of responsibility shall not
engage in bundling of contracts, which has the effect of restricting
or excluding small businesses, microbusinesses, or disabled veteran
business enterprises, from the state contracting process.
   (b) As used in this section, "bundling of contracts" means a use
of solicitation for a single contract or a multiple award contract to
satisfy two or more requirements of any state agency, department,
board, or commission for goods that restricts competition or limits
the number of suppliers by being likely unsuitable for award to a
small business due to any one or more of the following:
   (1) The diversity, size, or specialized nature of the elements of
the performance specified.
   (2) The aggregate dollar value of the anticipated award.
   (3) The geographical dispersion of the contract performance sites.

   (4) Restrictive contract requirements or any other similar
procurement strategy or factor that limits the ability of a
responsible small business to compete or otherwise participate as a
prime contractor in the procurement process.
   (c) The director or any agency, department, board, or commission
does not facilitate or provide for small business, microbusiness, or
disabled veteran business enterprise participation within the meaning
of this chapter by awarding a contract for goods to a prime
contractor that engages a small business, microbusiness, or disabled
veteran business enterprise as a subcontractor on that contract.