California Legislature—2013–14 Regular Session

Assembly Bill No. 1198

Introduced by Assembly Member Jones-Sawyer

February 22, 2013

An act to amend Section 2051 of the Penal Code, relating to the Department of Corrections and Rehabilitation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1198, as introduced, Jones-Sawyer. Department of Corrections and Rehabilitation.

Existing law authorizes the Department of Corrections and Rehabilitation to contract for provisions, clothing, medicines, forage, fuel, and all other staple supplies needed for the support of the prisons for any period of time, not exceeding one year, and further specifies bidding procedures and other particulars of the bidding process in connection with awarding those contracts.

This bill would make technical, nonsubstantive changes to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 2051 of the Penal Code is amended to
read:

2051.  

The department is hereby authorized to contract for
provisions, clothing, medicines, forage, fuel, and all other staple
supplies needed for the support of the prisons for any period of
time, not exceeding one year, and begin delete such end delete begin insert those end insert contracts shall be
limited to bona fide dealers in the several classes of articles
contracted for. Contracts for begin delete such end delete begin insert those end insert articles as the department
may desire to contract for, shall be given to the lowest bidder at a
public letting thereof, if the price bid is a fair and reasonable one,
and not greater than the usual value and prices.

Each bid shall be accompanied by begin delete such end delete begin insert that end insert security as the
department may require, conditional upon the bidder entering into
a contract upon the terms of his begin insert or her end insert bid, on notice of the
acceptance thereof, and furnishing a penal bond with good and
sufficient sureties in begin delete such end delete begin insert that end insert sum as the department may require,
and to its satisfaction that begin delete he end delete begin insert the bidder end insert will faithfully perform begin delete his end delete
begin insert the bidder’s end insert contract.

If the proper officer of the prison reject any article, as not
complying with the contract, or if a bidder fail to furnish the articles
awarded to him begin insert or her end insert when required, the proper officer of the
prison may buy other articles of the kind rejected or called for, in
the open market, and deduct the price thereof, over the contract
price, from the amount due to the bidder, or charge the same up
against begin delete him end delete begin insert the bidder end insert .

Notice of the time, place, and conditions of the letting of
contracts shall be given for at least two consecutive weeks in two
newspapers printed and published in the City and County of San
Francisco, and in one newspaper printed and published in the
County of Sacramento, and in the county where the prison to be
supplied is situated.

If all the bids made at begin delete such end delete begin insert that end insert letting are deemed unreasonably
high, the department may, in its discretion, decline to contract and
may again advertise for begin delete such end delete begin insert that end insert time and in begin delete such end delete begin insert those end insert papers
as it sees proper for proposals, and may so continue to renew the
advertisement until satisfactory contracts are made; and in the
meantime the department may contract with anyone whose offer
is regarded as just and equitable, or may purchase in the open
market.

No bids shall be accepted, nor a contract entered into in
pursuance thereof, when begin delete such end delete begin insert that end insert bid is higher than any other bid
at the same letting for the same class or schedule of articles, quality
considered, and when a contract can be had at begin delete such end delete begin insert that end insert lower bid.

When two or more bids for the same article or articles are equal
in amount, the department may select the one which, all things
considered, may by it be thought best for the interest of the begin delete State end delete
begin insert state end insert , or it may divide the contract between the bidders as in its
judgment may seem proper and right.

The department shall have power to let a contract in the aggregate
or they may segregate the items, and enter into a contract with the
bidder or bidders who may bid lowest on the several articles.

The department shall have the power to reject the bid of any
person who had a prior contract and who had not, in the opinion
of the department, faithfully complied therewith.