BILL NUMBER: AB 172 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Eng
( Principal coauthor: Assembly Member
Gatto )
( Coauthors: Assembly Members
Portantino and Solorio )
( Coauthor: Senator Leno
)
JANUARY 20, 2011
An act to add Section 10111.5 to the Public Contract Code,
relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 172, 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 a
summary of a contract to be initially posted within 15 working days
of being signed by all parties, as specified. 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 contracts and
consulting services contracts. This bill would make contractors who
fail to provide this information ineligible for any future personal
services contracts 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) (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 contracts and consulting
services contracts that it entered into during the fiscal year.
(2) The Director of General Services shall maintain the Internet
Web site described in paragraph (1) and shall establish the
publishing of the contract listing information specified in
subdivision (c). In implementing this section, the Director 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) All other contracts that include personal services and
consulting services.
(c) The contract listings shall include, but are 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, microbusiness,
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 a time
and material contract, 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 listed on the Internet Web site described in subdivision
(a), as follows:
(i) 90 days after the completion of the contract.
(ii) For a contract of a term of more than one year,
____ 90 days after June 30 of each year until
completion of the contract.
(B) To facilitate state agency reporting of information for the
listings, contractors shall electronically provide to the state
agencies all of the staffing and cost information specified in
subparagraph (A) in a useful and usable manner, which shall be
reportable ____ 60 days after the
completion of the contract, and, for a contract of a term of more
than one year , ____ 60 days after June
30 of each year until completion of the contract. State agencies
shall make this information available to the Director of General
Services in a manner prescribed by the director.
(C) Failure to provide the staffing and cost information required
by subparagraph (B) in a useful and usable manner shall be deemed a
material breach of contract. A contractor who fails to provide the
information shall be ineligible for any future personal services
contracts and consulting services contracts and payments for any
ongoing contracts shall cease until the required information is
provided.
(D) This paragraph shall become operative on January 1, 2013.
(d) (1) On and after July 1, 2013, and before January 1, 2014, a
summary of a contract shall be initially posted within 30 business
days of the contract being signed by all parties. On and after
January 1, 2014, the summary of a contract shall be initially posted
within 15 business 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 on and after July 1, 2012.
(3) This subdivision shall only apply to contracts solicited after
January 1, 2012.
(e) (1) This section shall not require the posting of information
in a contract, including the identity of any undisclosed expert
consultant, that is confidential pursuant to a court order, the
attorney client privilege, or the attorney work product exception or
information, that, if posted, would jeopardize peace officer safety,
criminal intelligence information, ongoing investigatory activities
or any security procedure, or any information the disclosure of which
is prohibited by law.
(2) Nothing in this subdivision shall be construed to limit the
rights of the public to access information pursuant to the California
Public Records Act (Ch. 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, or Section 3 of Article
I of the California Constitution.
(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 for products or services that must be completed and delivered
as final products under the terms of an agreement or contract.
"Deliverables" do not include public works contracts that does not
specify actual cost of direct labor at specified hourly rates or
actual cost of materials.
(3) "Personal services contracts" means any contract, requisition,
or purchase order under which labor or personal services is a
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.