SB 975, as amended, Lieu. Personal services contracts: legal compliance.
The California Constitution establishes that the civil service includes every officer and employee of the state, except as otherwise provided in the California Constitution, and requires civil service appointment to be made under a general system based on merit ascertained by competitive examination.
The State Civil Service Act establishes standards for the use of personal services contracts by state agencies, consistent with those provisions of the California Constitution relating to civil service, and authorizes personal services contracts when prescribed conditions are met.
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 ifbegin delete applicableend deletebegin insert
so, toend insert explain thebegin delete circumstances,end deletebegin insert circumstances under whichend insert 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 requirebegin delete the Department of General Services or a state agency, as defined, to require aend deletebegin insert everyend insert bidder for a personal services contract tobegin delete pledge compliance,end deletebegin insert completeend insert under the penalty of perjury,begin delete with all applicable state taxes, and allend deletebegin insert
a standard questionnaire inquiring whether the bidder has ever violated state law orend insert laws and regulations relating to health and safety, labor and employment, and licensing relevant to the bidder’s employees, worksite, bid, and contractbegin insert and if so, requiring an explanation of the violationend insert. The bill would prohibit thebegin delete department or a state agency from awardingend deletebegin insert award ofend insert a personal services contract to a bidder who does notbegin delete affirmatively pledge compliance, as specifiedend deletebegin insert complete the required questionnaireend insert.begin delete 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.end delete
By expanding the scope 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 19138.1 is added to the Government
2Code, to read:
(a) (1) A state agency or the department shall require
2from a bidder for a personal services contract the completion, under
3penalty of perjury, of a standard form pledging compliance of the
4bidder with all applicable state taxes, and all laws and regulations
5relating to health and safety, labor and employment, and licensing
6relevant to the bidder’s employees, worksite, bid, and contract.
7(2) A state agency or the department shall not award a personal
8services contract to a bidder who does not affirmatively pledge,
9under penalty of perjury, compliance pursuant to subdivision (a).
10(b) A
state agency or the department shall not award a personal
11services contract to a bidder with an adjudicated record of repeated
12noncompliance with applicable state taxes, or with laws and
13regulations relating to the health and safety, labor and employment,
14and licensing relevant to the bidder’s employees, worksite, and
15bid.
begin insertSection 19138.1 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
17to read:end insert
(a) Every bidder for a personal services contract
19entered into pursuant to Section 19130 shall complete, under
20penalty of perjury, a standard form of questionnaire inquiring
21whether the bidder has ever violated state tax law or laws and
22regulations relating to health and safety, labor and employment,
23or the licensing of the contractor’s employees, worksite, bid, and
24contract, and if so, requiring the bidder to explain the
25circumstances of that violation.
26(b) A personal services contract shall not be awarded to a bidder
27who does not complete the questionnaire required by this section.
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California
36Constitution.
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