California 2017-2018 Regular Session

California Assembly Bill AB2762

Introduced
2/16/18  
Introduced
2/16/18  
Refer
3/22/18  
Refer
3/22/18  
Report Pass
3/22/18  
Refer
4/2/18  
Refer
4/2/18  
Report Pass
5/2/18  
Report Pass
5/2/18  
Engrossed
5/10/18  
Engrossed
5/10/18  
Refer
5/10/18  
Refer
5/10/18  
Refer
5/24/18  
Refer
5/24/18  
Report Pass
6/21/18  
Report Pass
6/21/18  
Refer
6/25/18  
Refer
6/25/18  
Report Pass
6/26/18  
Refer
8/29/18  
Refer
8/29/18  
Enrolled
8/31/18  
Enrolled
8/31/18  
Chaptered
9/21/18  
Chaptered
9/21/18  
Passed
9/21/18  

Caption

Public contracts: disabled veteran business enterprises: local small business enterprises: social enterprises.

Impact

The introduction of AB 2762 marks a significant shift in the approach to public contracting within the specified counties. By enabling local agencies to define criteria for small businesses, disabled veteran businesses, and social enterprises, the bill fosters an environment conducive to emphasizing local economies and promoting diversity in procurement practices. The establishment of a maximum preference value of $150,000 aims to safeguard budgetary constraints while empowering these business categories, making public contracts more accessible to them. Overall, this bill enhances competition among bidders while ensuring that taxpayer dollars support diverse business ownership.

Summary

Assembly Bill No. 2762 amends the Public Contract Code to establish and enhance preferences for small businesses, particularly for disabled veteran businesses and social enterprises, in procurement processes. Under existing law, local agencies had the authority to offer a 5% preference to small businesses; this bill increases that preference to 7%. Furthermore, it establishes a framework whereby local agencies can provide additional preferences, not exceeding 15% when multiple preferences apply, specifically catering to certain counties in California. This helps ensure that local businesses benefit from public contracts, especially those owned by veterans and social enterprises that prioritize social and environmental objectives.

Sentiment

The response to AB 2762 has largely been positive among proponents, who view it as a necessary step towards equitable access to public contract opportunities for underrepresented business owners. Advocates argue that by increasing the preference for small and veteran-owned businesses, the state is promoting economic growth and resilience in local economies. However, some opposition exists from those who fear that such measures may lead to inefficiencies or favoritism in the bidding process, emphasizing the importance of maintaining standards of quality and accountability in public sector contracts.

Contention

Notable points of contention surrounding the bill include the balance between fostering local business growth and ensuring fair competition in public contracting. Critics argue that strong preferences might inadvertently disadvantage larger, established contractors who have historically provided quality service and competitive pricing. The temporary nature of certain provisions—set to expire by January 1, 2024—also raises questions about the long-term viability of these preferences and whether they will lead to sustainable improvements in contracting practices for small businesses and veteran enterprises.

Companion Bills

No companion bills found.

Similar Bills

CA AB1533

Public contracts: local agencies: preferences.

CA AB1574

Public contracts: small business liaisons and advocates and disabled veteran business enterprises: preferences.

CA SB656

Small business: small business liaison.

CA SB605

Small Business Procurement and Contract Act: small business.

CA SB781

Small business.

CA SB1178

California Disabled Veteran Business Enterprise Program.

CA AB2262

Small business.