SB 1192, as introduced, Hueso. Public contracts: small business, microbusiness, and disabled veteran business enterprise.
Existing law authorizes a state agency and the California State University to award a contract for the acquisition of goods, services, or information technology that has an estimated value of greater than $5,000, but less than $250,000, to a certified small business, including a microbusiness, or to a disabled veteran business enterprise if they obtain 2 or more price quotations, as specified.
Existing law authorizes a state agency to award a contract for construction, including the erection, construction, alteration, repair, or improvement of any state structure, building, road, or other state improvement of any kind that has an estimated value of greater than $5,000 but less than a specified cost limit to a certified small business, including a microbusiness, or to a disabled veteran business enterprise if they obtain 2 or more written bid submittals, as specified.
This bill would provide that those estimated values do not include taxes, fees, and transportation charges.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 14838.5 of the Government Code is
2amended to read:
(a) begin insert(1)end insertbegin insert end insert Notwithstanding the advertising, bidding,
4and protest provisions of Chapter 6 (commencing with Section
514825) of this part and Chapter 2 (commencing with Section
610290) and Chapter 3 (commencing with Section 12100) of Part
72 of Division 2 of the Public Contract Code, a state agency may
8award a contract for the acquisition of goods, services, or
9information technology that has an estimated value of greater than
10five thousand dollars ($5,000), but less than two hundred fifty
11thousand dollars ($250,000), to a certified small business, including
12a microbusiness, or to a disabled veteran
business enterprise, as
13long as the agency obtains price quotations from two or more
14certified small businesses, including microbusinesses, or from two
15or more disabled veterans business enterprises.
16(2) The estimated value described in paragraph (1) shall not
17include taxes, fees, and transportation charges.
18(b) In carrying out subdivision (a), a state agency shall consider
19a responsive offer timely received from a responsible certified
20small business, including a microbusiness, or from a disabled
21veteran business enterprise.
22(c) If the estimated cost to the state is less than five thousand
23dollars ($5,000) for the acquisition of goods, services, or
24information technology, or a greater amount as
administratively
25established by the director, a state agency shall obtain at least two
26price quotations from responsible suppliers whenever there is
27reason to believe a response from a single source is not a fair and
28reasonable price.
Section 14838.64 of the Government Code is amended
30to read:
(a) begin insert(1)end insertbegin insert end insert Notwithstanding any other law, including,
32but not limited to, the advertising, bidding, and protest provisions
33of Chapter 6 (commencing with Section 14825) of this part and
34Chapter 2.5 (commencing with Section 10700) and Chapter 3
35(commencing with Section 12100) of Part 2 of Division 2 of the
36Public Contract Code, the California State University may award
37a contract for the acquisition of goods, services, or information
38technology that has an estimated value of greater than five thousand
P3 1dollars ($5,000), but less than two hundred fifty thousand dollars
2($250,000), to a certified small
business, including a microbusiness,
3or to a disabled veteran business enterprise, if the California State
4University obtains price quotations from two or more certified
5small businesses, including microbusinesses, or from two or more
6disabled veteran business enterprises.
7(2) The estimated value described in paragraph (1) shall not
8include taxes, fees, and transportation charges.
9(b) In carrying out subdivision (a), the California State
10University shall consider a responsive offer timely received from
11a responsible certified small business, including a microbusiness,
12or from a disabled veteran business enterprise.
Section 14838.7 of the Government Code is amended
14to read:
(a) begin insert(1)end insertbegin insert end insert Notwithstanding the advertising and bidding
16provisions of Chapter 6 (commencing with Section 14825) of this
17code and Chapter 1 (commencing with Section 10100) of Part 2
18of Division 2 of the Public Contract Code, a state agency may
19award a contract for construction, including the erection,
20construction, alteration, repair, or improvement of any state
21structure, building, road, or other state improvement of any kind
22that has an estimated value of greater than five thousand dollars
23($5,000) but less than the cost limit, as specified in subdivision
24
(b) of Section 10105 of the Public Contract Code, to a certified
25small business, including a microbusiness, or to a disabled veteran
26business enterprise, as long as the agency obtains written bid
27submittals from two or more certified small businesses, including
28microbusinesses, or from two or more disabled veteran business
29enterprises.
30(2) The estimated value described in paragraph (1) shall not
31include taxes, fees, and transportation charges.
32(b) In implementing subdivision (a), state agencies shall consider
33a responsive offer timely received from a responsible certified
34small business, including a microbusiness, or from a disabled
35veteran business enterprise.
36(c) If the estimated cost to the state is less
than five thousand
37dollars ($5,000) for the public work construction project, a state
38agency shall obtain at least two written bid submittals from
P4 1responsible contractors whenever there is reason to believe a
2response from a single source is not a fair and reasonable price.
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