Email notifications are now in beta! Learn more and sign up today!
Open States depends upon donations to keep our servers running. If you find Open States useful please consider becoming a patron or making a one-time donation today.

Open States' stated mission is to improve civic engagement.

To be true to that goal, we can not stand by and be silent when a large portion of Americans face systemic racism and other forms of oppression. That oppression has meant being excluded from civic participation at the ballot box, being called un-American for peaceful protests, and being denied justice for crimes committed against them.

Please consider giving to local causes that support racial justice in your area.

#BlackLivesMatter

AB 21

  • California Assembly Bill
  • 2009-2010, 4th Special Session
  • Introduced in Assembly
  • Passed Assembly Jul 09, 2009
  • Passed Senate Jul 23, 2009
  • Governor

State contracts.

Bill Subjects

State Contracts.

Abstract

(1) Existing law, with regard to certain state contracts, requires the awarding department to award the contract to the lowest responsible bidder meeting or making a good faith effort to meet specified statewide participation goals for disabled veteran business enterprises. Existing law requires that, if a bidder cites an approved utilization plan in response to the disabled veteran business enterprise participation requirements of a solicitation that calls for specified business participation, and the solicitation specifies higher participation goals than the utilization plan, the bidder shall meet the goals in the solicitation or make a good faith effort to do so. This bill would instead require the awarding department to award the contract to the lowest responsible bidder meeting specified business enterprise statewide participation goals. The bill would also, if a solicitation specifies higher participation goals than the bidder's utilization plan, require the bidder to meet the goals in the solicitation. Existing law requires that certain contracts awarded by the Director of Corrections or the Director of the Youth Authority have specified statewide participation goals for minority business enterprises, women business enterprises, and disabled veteran enterprises. Existing law requires the awarding department, in awarding these contracts to the lowest responsible bidder, to consider the responsiveness of a bidder to the goals and, if a bidder fails to demonstrate a good faith effort in attaining these goals, requires the awarding department to award the contract to the next lowest responsive and responsible bidder. This bill would delete the requirement that, if a bidder fails to demonstrate a good faith effort in attaining these goals, the awarding department must award the contract to the next lowest responsive and responsible bidder. This bill would require that the state agencies report to the Department of General Services on or before July 1, 2012, and that the department report to the Legislature on or before January 1, 2013, on the impact of the above provisions upon outreach efforts and the actual award of contracts to bidders meeting the business enterprise goals. (2) Existing law, with specified exceptions, prohibits any person, firm, or subsidiary thereof who has been awarded a consulting services contract from submitting a bid for, or being awarded a contract for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. Existing law provides that this prohibition does not apply to incidental advice or suggestions made outside of the scope of a consulting services contract with regard to certain contracts for the acquisition of information technology goods and services, as specified. This bill would also exempt from this authorization a contract that is part of a single competitive procurement conducted in more than one stage for information technology goods or services, when the Director of the Department of General Services and the Chief Information Officer determine that there is no conflict of interest, as specified, and that it is in the best interest of the state to utilize this procurement method. The bill would require the department to annually post a report on its Internet Web site describing each determination, as specified, and to provide notice to the Joint Legislative Budget Committee within 30 days of the posting of the report. (3) Existing law requires the Department of General Services, for any contract for information technology goods or services meeting specified requirements, to provide that not less than 10% of the contract price is required to be withheld until final delivery and acceptance of the goods and services, and requires the department to conduct a risk evaluation, as specified. This bill would, until July 1, 2013, require the department, if it determines that lesser withholding levels are appropriate based on the evaluation of risk, to withhold no less than 5% of the contract price, if the contract price is $10,000,000 or more, or no less than 3% of the contract price, if the contract price is less than $10,000,000, until final delivery and acceptance of the goods or services. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on July 1, 2009. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on July 1, 2009, pursuant to the California Constitution. (5) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Sponsors (1)

Noreen Evans

  • Democratic
Author

Votes


Actions


Jul 28, 2009

California State Legislature

Chaptered by Secretary of State. Chapter 19, Statutes of 2009-10 Fourth Extraordinary Session.

California State Legislature

Approved by the Governor.

Jul 24, 2009

California State Legislature

Enrolled and to the Governor at 4:30 p.m.

Jul 23, 2009

Senate

Joint Rule 10.5 suspended.

Senate

Read third time, amended, and returned to third reading.

Senate

(Ayes 37. Noes 1. Page 43.)

Senate

Senate Rule 29.3 suspended.

Senate

(Ayes 24. Noes 12. Page 43.)

Senate

Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 38. Noes 0. Page 58.)

Assembly

In Assembly. Concurrence in Senate amendments pending.

Assembly

Assembly Rule 77 suspended.

Assembly

Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 2. Page 71.)

Jul 15, 2009

Senate

Withdrawn from committee. Ordered placed on second reading file.

Senate

Read second time. To third reading.

Jul 09, 2009

Assembly

Read third time, passed, and to Senate. (Ayes 47. Noes 2. Page 30.)

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Jul 06, 2009

Assembly

From printer.

Assembly

Read second time. To third reading.

Assembly

Without reference to committee.

Assembly

Ordered to second reading.

Jul 02, 2009

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB21 HTML
07/02/09 - Introduced PDF
07/23/09 - Amended Senate PDF
07/28/09 - Enrolled PDF
07/28/09 - Chaptered PDF

Related Documents

Document Format
No related documents.

Sources

Data on Open States is updated nightly from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.