California 2021-2022 Regular Session

California Senate Bill SB1321 Latest Draft

Bill / Amended Version Filed 04/27/2022

                            Amended IN  Senate  April 27, 2022 Amended IN  Senate  March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1321Introduced by Senator Ochoa BoghFebruary 18, 2022 An act to add Sections 10301.1 and 10344.2 to the Public Contract Code, relating to public contracts.LEGISLATIVE COUNSEL'S DIGESTSB 1321, as amended, Ochoa Bogh. Public contracts: goods and services.Existing law requires all contracts entered into by any state agency for, among other things, the acquisition of goods or for services to be approved by the Department of General Services. Existing law, except as specified, requires all contracts for the acquisition or lease of goods in an amount of $25,000, or a higher amount as established by the Director of General Services, to be made or entered into with the lowest responsible bidder meeting specifications. Existing law, except as specified, also requires, whenever the department contracts for goods in excess of $25,000, or a higher amount as established by the director, the department to advertise in the California State Contracts Register the availability of its solicitation, and to furnish interested suppliers, on request, with copies of the solicitation, as specified. Existing law requires the department to adopt, publish, and apply uniform standards of rating bidders, on the basis of questionnaires and required statements, with respect to contracts upon which each bidder is qualified to bid.Existing law also requires all contracts entered into by any state agency for services to be rendered to the state to be approved by the department. Existing law, except as specified, also requires state agencies to secure at least 3 competitive bids for proposals for each contract, as specified. Existing law also authorizes contracts to be awarded under a procedure that makes use of a request for proposal that includes, among other things, the standards the agency will use in evaluating proposals, as specified.This bill would require a state agencys procedures for evaluating agency, in soliciting bids submitted under the provisions described above to address a need arising from a state of emergency declared by the Governor Governor, to include provide a preference mechanism for bidders to self-identify as a bidder whose headquarters are in California, whose principal place of business is in California, or whose headquarters are in the United States and who primarily manufacture their goods or provide their services in California.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 10301.1 is added to the Public Contract Code, to read:10301.1. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.SEC. 2. Section 10344.2 is added to the Public Contract Code, to read:10344.2. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.

 Amended IN  Senate  April 27, 2022 Amended IN  Senate  March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1321Introduced by Senator Ochoa BoghFebruary 18, 2022 An act to add Sections 10301.1 and 10344.2 to the Public Contract Code, relating to public contracts.LEGISLATIVE COUNSEL'S DIGESTSB 1321, as amended, Ochoa Bogh. Public contracts: goods and services.Existing law requires all contracts entered into by any state agency for, among other things, the acquisition of goods or for services to be approved by the Department of General Services. Existing law, except as specified, requires all contracts for the acquisition or lease of goods in an amount of $25,000, or a higher amount as established by the Director of General Services, to be made or entered into with the lowest responsible bidder meeting specifications. Existing law, except as specified, also requires, whenever the department contracts for goods in excess of $25,000, or a higher amount as established by the director, the department to advertise in the California State Contracts Register the availability of its solicitation, and to furnish interested suppliers, on request, with copies of the solicitation, as specified. Existing law requires the department to adopt, publish, and apply uniform standards of rating bidders, on the basis of questionnaires and required statements, with respect to contracts upon which each bidder is qualified to bid.Existing law also requires all contracts entered into by any state agency for services to be rendered to the state to be approved by the department. Existing law, except as specified, also requires state agencies to secure at least 3 competitive bids for proposals for each contract, as specified. Existing law also authorizes contracts to be awarded under a procedure that makes use of a request for proposal that includes, among other things, the standards the agency will use in evaluating proposals, as specified.This bill would require a state agencys procedures for evaluating agency, in soliciting bids submitted under the provisions described above to address a need arising from a state of emergency declared by the Governor Governor, to include provide a preference mechanism for bidders to self-identify as a bidder whose headquarters are in California, whose principal place of business is in California, or whose headquarters are in the United States and who primarily manufacture their goods or provide their services in California.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  April 27, 2022 Amended IN  Senate  March 16, 2022

Amended IN  Senate  April 27, 2022
Amended IN  Senate  March 16, 2022

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 1321

Introduced by Senator Ochoa BoghFebruary 18, 2022

Introduced by Senator Ochoa Bogh
February 18, 2022

 An act to add Sections 10301.1 and 10344.2 to the Public Contract Code, relating to public contracts.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1321, as amended, Ochoa Bogh. Public contracts: goods and services.

Existing law requires all contracts entered into by any state agency for, among other things, the acquisition of goods or for services to be approved by the Department of General Services. Existing law, except as specified, requires all contracts for the acquisition or lease of goods in an amount of $25,000, or a higher amount as established by the Director of General Services, to be made or entered into with the lowest responsible bidder meeting specifications. Existing law, except as specified, also requires, whenever the department contracts for goods in excess of $25,000, or a higher amount as established by the director, the department to advertise in the California State Contracts Register the availability of its solicitation, and to furnish interested suppliers, on request, with copies of the solicitation, as specified. Existing law requires the department to adopt, publish, and apply uniform standards of rating bidders, on the basis of questionnaires and required statements, with respect to contracts upon which each bidder is qualified to bid.Existing law also requires all contracts entered into by any state agency for services to be rendered to the state to be approved by the department. Existing law, except as specified, also requires state agencies to secure at least 3 competitive bids for proposals for each contract, as specified. Existing law also authorizes contracts to be awarded under a procedure that makes use of a request for proposal that includes, among other things, the standards the agency will use in evaluating proposals, as specified.This bill would require a state agencys procedures for evaluating agency, in soliciting bids submitted under the provisions described above to address a need arising from a state of emergency declared by the Governor Governor, to include provide a preference mechanism for bidders to self-identify as a bidder whose headquarters are in California, whose principal place of business is in California, or whose headquarters are in the United States and who primarily manufacture their goods or provide their services in California.

Existing law requires all contracts entered into by any state agency for, among other things, the acquisition of goods or for services to be approved by the Department of General Services. Existing law, except as specified, requires all contracts for the acquisition or lease of goods in an amount of $25,000, or a higher amount as established by the Director of General Services, to be made or entered into with the lowest responsible bidder meeting specifications. Existing law, except as specified, also requires, whenever the department contracts for goods in excess of $25,000, or a higher amount as established by the director, the department to advertise in the California State Contracts Register the availability of its solicitation, and to furnish interested suppliers, on request, with copies of the solicitation, as specified. Existing law requires the department to adopt, publish, and apply uniform standards of rating bidders, on the basis of questionnaires and required statements, with respect to contracts upon which each bidder is qualified to bid.

Existing law also requires all contracts entered into by any state agency for services to be rendered to the state to be approved by the department. Existing law, except as specified, also requires state agencies to secure at least 3 competitive bids for proposals for each contract, as specified. Existing law also authorizes contracts to be awarded under a procedure that makes use of a request for proposal that includes, among other things, the standards the agency will use in evaluating proposals, as specified.

This bill would require a state agencys procedures for evaluating agency, in soliciting bids submitted under the provisions described above to address a need arising from a state of emergency declared by the Governor Governor, to include provide a preference mechanism for bidders to self-identify as a bidder whose headquarters are in California, whose principal place of business is in California, or whose headquarters are in the United States and who primarily manufacture their goods or provide their services in California.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 10301.1 is added to the Public Contract Code, to read:10301.1. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.SEC. 2. Section 10344.2 is added to the Public Contract Code, to read:10344.2. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 10301.1 is added to the Public Contract Code, to read:10301.1. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.

SECTION 1. Section 10301.1 is added to the Public Contract Code, to read:

### SECTION 1.

10301.1. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.

10301.1. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.

10301.1. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.



10301.1. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:

(a) A bidder whose headquarters is in California.

(b) A bidder whose principal place of business is in California.

(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.

SEC. 2. Section 10344.2 is added to the Public Contract Code, to read:10344.2. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.

SEC. 2. Section 10344.2 is added to the Public Contract Code, to read:

### SEC. 2.

10344.2. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.

10344.2. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.

10344.2. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:(a) A bidder whose headquarters is in California.(b) A bidder whose principal place of business is in California.(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.



10344.2. A state agencys procedures for evaluating agency, in soliciting bids submitted under this article to address a need arising from a state of emergency declared by the Governor pursuant to Section 8558 of the Government Code Code, shall include provide a preference for each mechanism for a bidder to self-identify as any of the following:

(a) A bidder whose headquarters is in California.

(b) A bidder whose principal place of business is in California.

(c) A bidder whose headquarters is in the United States and who primarily manufactures their goods or provides their services in California.