SB 975, as amended, Lieu. Service contracts: legal compliance.
The State Contract Act requires an applicable state department to require a prospective bidder on a public works project to answer questions inquiring whether, and if applicable explain the circumstances, the prospective bidder has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation. Existing law requires the questionnaire to be completed under the penalty of perjury. Existing law authorizes the department to reject the bid of a bidder who has been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.
Existing law requires a competitive bidding process for certain contracts, including amendments, entered into by any state agency for services to be rendered to the state, whether or not the services involve the furnishing or use of equipment, materials, or supplies, or are performed by an independent contractor.
This bill would require the Department of General Services or a state agency, as defined, to require a bidder for a service contract to pledge compliance, under the penalty of perjury, with all applicable state taxes, and all laws and regulations relating to health and safety, labor and employment, and licensing relevant to the bidder’s employees, worksite,begin delete andend delete bidbegin insert, and contractend insert. The bill would prohibit the department or a state agency from awarding a service contract to a bidder who does not affirmatively pledge compliance, as specified. The bill would also
prohibit the department or a state agency from awarding a contract to a bidder with an adjudicated record of repeated noncompliance with applicable state taxes, laws, and regulations. By expanding thebegin delete scoreend deletebegin insert
scopeend insert of the crime of perjury, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 10343 is added to the Public Contract
2Code, to read:
(a) (1) A state agency or the department shall require
4from a bidder the completion, under penalty of perjury, of a
5standard form pledging compliance of the bidder with all applicable
6state taxes, and all laws and regulations relating to health and
7safety, labor and employment, and licensing relevant to the bidder’s
8employees, worksite,begin delete andend delete bidbegin insert, and contractend insert.
9(2) A state agency or the department shall not award a contract
10to a bidder who does not affirmatively pledge, under penalty of
11perjury,
compliance pursuant to subdivision (a).
12(b) A state agency or the department shall not award a contract
13to a bidder with an adjudicated record of repeated noncompliance
14with applicable state taxes, or with laws and regulations relating
15to the health and safety, labor and employment, and licensing
16relevant to the bidder’s employees, worksite, and bid.
No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
P3 1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.
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