California Assembly Bill AB759 Amended / Bill

 BILL NUMBER: AB 759AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Ma FEBRUARY 26, 2009 An act to amend Section  10285   10111  of the Public Contract Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGEST AB 759, as amended, Ma. Public contracts:  ineligibility to contract.   Department of General Services: reporting.   Existing law requires the Department of General Services to make available a report on contracting activity containing specified information, as provided, including the level of participation of business enterprises by race, ethnicity, and gender of the business owner, where that information has been voluntarily reported, for construction, professional services, and specified purchasing contracts.   This bill would expand the reporting requirements of the Department of General Services to include the level of participation of business enterprises by race, ethnicity, and gender of the business owner, where that information has been voluntarily reported, for information technology procurements and architectural, engineering, and other professional service contracts. This bill would also require the department to include the dollar values with respect to those specified contracts.   Existing law authorizes contracting between state agencies and private contractors and describes circumstances in which private contractors are ineligible to contract with state agencies. Existing law defines those persons subject to ineligibility.   This bill would make a technical, nonsubstantive change to that provision.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 10111 of the   Public Contract Code   is amended to read:  10111. Commencing January 1, 2007, the department shall make available a report on contracting activity containing the following information: (a) A listing of consulting services contracts that the state has entered into during the previous fiscal year. The listing shall include the following: (1) The name and identification number of each contractor. (2) The type of bidding entered into, the number of bidders, whether the low bidder was accepted, and if the low bidder was not accepted, an explanation of why another contractor was selected. (3) The amount of the contract price. (4) Whether the contract was a noncompetitive bid contract, and why the contract was a noncompetitive bid contract. (5) Justification for entering into each consulting services contract. (6) The purpose of the contract and the potential beneficiaries. (7) The date when the initial contract was signed, and the date when the work began and was completed. (b) The report shall also include a separate listing of consultant contracts completed during that fiscal year, with the same information specified in subdivision (a). (c) The information specified in subdivisions (a) and (b) shall also include a list of any contracts underway during that fiscal year on which any change was made regarding the following: (1) The completion date of the contract. (2) The amount of money to be received by the contractor, if it exceeds 3 percent of the original contract price. (3) The purpose of the contract or duties of the contractor. A brief explanation shall be given if the change in purpose is significant. (d) The level of participation, by agency, of disabled veteran business enterprises in statewide contracting and shall include dollar values of contract award for the following categories: (1) Construction. (2) Architectural, engineering, and other professional services. (3) Procurement of materials, supplies, and equipment. (4) Information technology procurements. Additionally, the report shall include a statistical summary detailing each awarding department's goal achievement and a statewide total of those goals. (e) The level of participation by small business in state contracting including: (1) Upon request, an up-to-date list of eligible small business bidders by general procurement and construction contract categories, noting company names and addresses and also noting which small businesses also qualify as microbusinesses. (2) By general procurement and construction contract categories, statistics comparing the small business and microbusiness contract participation dollars to the total state contract participation dollars. (3) By awarding department and general procurement and construction categories, statistics comparing the small business and microbusiness contract participation dollars to the total state contract participation dollars. (4) Any recommendations for changes in statues or state policies to improve opportunities for small businesses and microbusinesses. (5) A statistical summary of small businesses and microbusinesses certified for state contracting by the number of employees at the business for each of the following categories: 0-5, 26-50, 51-75, and 76-100. (6) To the extent feasible, beginning in the year 2008, the number of contracts awarded by the department in the categories specified in paragraph (5). (7) The number of contracts and dollar amounts awarded annually pursuant to Section 14838.5 of the Government Code to small businesses, microbusinesses, and disabled veteran business enterprises. (f) The level of participation of business enterprises, by race, ethnicity, and gender of owner,  in contracts as identified in Section 2051 of the Government Code, to the extent that the information has been voluntarily reported to the department. In addition, the report shall contain the levels of participation of business enterprises, by race, ethnicity, and gender of owner,  for the following categories of contracts, to the extent that the information has been voluntarily reported to the department  ,   and shall include the dollar values of the contracts awarded for those categories  : (1) Construction. (2) Purchases of materials, supplies, or equipment.  (3) Professional services.   (3) Architectural, engineering, and other professional services.   (4) Information technology procurements.   SECTION 1.   Section 10285 of the Public Contract Code is amended to read: 10285. For purposes of this article, "person" means any individual, partnership, joint venture, or association or any other organization or any combination thereof.