BILL NUMBER: SB 1427	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2012
	AMENDED IN SENATE  APRIL 17, 2012

INTRODUCED BY   Senator De León
   (Coauthor: Senator Corbett)

                        FEBRUARY 24, 2012

   An act to add Article 5 (commencing with Section 12230) to Chapter
4 of Part 2 of Division 2 of the Public Contract Code, relating to
public contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1427, as amended, De León. State contracts: electronic goods:
bid preference for refurbished electronics.
   Existing law requires a state agency to meet certain requirements
with respect to purchasing recycled products, as specified. Existing
law requires a local public entity, if fitness and quality are equal,
to purchase recycled products instead of nonrecycled products
whenever recycled products are available, as specified, and
authorizes a local public entity to give preference to suppliers of
recycled products.
   This bill would require a state agency that accepts bids or
proposals for a contract for electronic goods to provide a preference
of 5%  , as specified,  to a company that offers to fulfill
the contract with refurbished electronics, as  specified
  defined  .
   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.  Article 5 (commencing with Section 12230) is added to
Chapter 4 of Part 2 of Division 2 of the Public Contract Code, to
read:

      Article 5.  Refurbished Electronics Preference


   12230.  (a) For the purposes of this article, 
"refurbished" has the same meaning as that term as defined in
subdivision (p) of Section 42463 of the Public Resources Code
  "refurbished electronics   " means any
electronic device that the manufacturer has tested and returned to a
condition that meets factory specifications for the device, has
repackaged, and has labeled as refurbished  .
   (b) Notwithstanding any other provision, any state agency that
accepts bids or proposals for a contract for electronic goods shall
provide a preference of 5 percent to a business that offers to
fulfill the contract with refurbished electronics. The preference
shall be provided as follows:
   (1) For solicitations to be awarded to the lowest responsible
bidder meeting specifications, the preference shall be 5 percent of
the bid price of the lowest responsible bidder meeting
specifications.
   (2) For solicitations to be awarded to the highest scored bidder
based on evaluation factors in addition to price, the preference
shall be 5 percent of the total score of the highest 
responsible   scored  bidder.
   (3) The preferences awarded pursuant to paragraph (1) or (2) shall
not be awarded to a noncompliant bidder and shall not be used to
satisfy any applicable minimum requirements.
   (4) In order to be eligible for the 5-percent preference
authorized pursuant to this section, a business shall submit all
required substantiating documentation and information needed by the
state agency to determine if the business is eligible for the
preference.
   (c) The Department of General Services shall establish a process
to verify that a business meets the criteria for the 5-percent
preference  established by   this article  .
   (d) This section shall not be construed to require a state agency
to compromise its immediate mission or ability to function and carry
out its existing responsibilities.