AB 2682, as introduced, Wagner. Responsible and reliable parties.
Existing law, for purposes of public works contracts, defines the term “responsible bidder” to mean a bidder that has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.
This bill would require a state agency that solicits offers, awards a contract, or consents to subcontracts, under the Small Business Procurement and Contract Act, for goods and services under other specified law, or for information technology, to do so only with responsible and reliable parties. The bill would require the Department of General Services to adopt regulations for that procurement to provide for the suspension, debarment, or other exclusion of a party in a procurement activity that has not demonstrated the attribute of trustworthiness, or lacks the quality, fitness, capacity, and experience to satisfactorily perform a contract under those provisions. The bill would prohibit a state agency from allowing a party to participate in any procurement activity if the party has been suspended, debarred, or otherwise excluded from participation pursuant to those regulations.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 2.3 (commencing with Section 2010) is
2added to Part 1 of Division 2 of the Public Contract Code, to read:
3
(a) A state agency that solicits offers for, awards a
7contract for, or consents to subcontracts for, goods and services
8under Chapter 6.5 (commencing with Section 14835) of Part 5.5
9of Division 3 of Title 2 of the Government Code or Chapter 2
10(commencing with Section 10290) of Part 2, or for information
11technology under Chapter 3 (commencing with Section 12100) of
12Part 2, shall do so only with responsible and reliable parties in
13accordance with regulations adopted pursuant to subdivision (b).
14(b) The Department of General Services shall adopt regulations
15for procurement under Chapter 6.5 (commencing with Section
1614835) of Part 5.5 of Division 3 of Title 2 of the Government Code
17or Chapter 2 (commencing with Section 10290) of Part 2, and
18
procurement of information technology under Chapter 3
19(commencing with Section 12100) of Part 2, to provide for the
20suspension, debarment, or other exclusion of a party in a
21procurement activity that has not demonstrated the attribute of
22trustworthiness, or lacks the quality, fitness, capacity, and
23experience to satisfactorily perform a contract under those
24provisions. The regulations shall include, but are not limited to,
25the following elements:
26(1) Preclude contractors with a history of poor performance or
27that have violated small business or disabled veteran business
28enterprise regulations from doing business with the state either as
29a primary contractor or as a subcontractor for a specified period.
30(2) Preclude a business formed by principals of an entity subject
31to paragraph (1) from doing business with the state for the same
32period imposed pursuant to that paragraph.
33(3) Provide for appeal of a suspension, debarment, or other
34exclusion pursuant to this chapter. Appeal shall be to the Office
35of Administrative Hearings, to be conducted by administrative law
36judges of that office.
P3 1(c) A state agency shall not allow a party to participate in any
2procurement activity if the party has been suspended, debarred, or
3otherwise excluded from participation pursuant to those regulations.
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