Bill Text: CA AB756 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public contracts: information: Internet Web site.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB756 Detail]

Download: California-2009-AB756-Amended.html

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BILL NUMBER: AB 756	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN SENATE  JUNE 29, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  MARCH 31, 2009

INTRODUCED BY   Assembly Members Eng and Lieu

                        FEBRUARY 26, 2009

   An act to add Section 10111.5 to the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 756, as amended, Eng. Public contracts: information: Internet
Web site.
   Existing law governing contracting between state agencies and
private contractors sets forth requirements for the procurement of
supplies, materials, equipment, and services by state agencies and
sets forth the various responsibilities of the Department of General
Services and other state agencies in overseeing and implementing
state contracting procedures and policies.
   This bill would require a state agency, except as specified, to
provide a link to a centrally located and accessible state-run
Internet Web site that includes a list of the personal services and
consulting services contracts, as defined, entered into by the
agency. This bill would require the listings on the state's Internet
Web site to include specified information  , and would require
all new contracts to be initially posted within 15 working days of
being signed by all   parties  .
   This bill would require contractors to electronically provide
specified information to assist state agencies in the reporting of
information for the listings of personal services and consulting
services contracts.  This bill would make contractors who
fail to provide this information ineligible for any additional
personal services or consulting services contracts, and would cease
payment for any ongoing contracts, until the information is provided.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10111.5 is added to the Public Contract Code,
to read:
   10111.5.  (a) Each state agency shall provide a link to a
centrally located and accessible state-run Internet Web site that
includes a list of the personal services and consulting services
contracts that it entered into during the previous fiscal year. All
listings shall be available in searchable form on the state's
Internet Web site  and without charge to the public  . The
listings shall be organized to ensure transparency.  All new
contracts shall be initially posted within 15 working days of being
signed by all parties, and shall be updated as necessary to include
any information required by this section that is not available at
  the time of posting.  The listings shall include, but
is not limited to, the following information:
   (1) The name and  license, registration, certi  
fication, or  identification number of each contractor, as well
as whether the contractor is a for profit, nonprofit, small business,
micro-business, disabled veteran, or nonprofit veteran's service
agency.
   (2) The statutory basis for the authorization of each contract,
including, if relevant, any applicable condition permitting personal
services contracts provided by Section 19130 of the Government Code.
   (3) The duration of each contract.
   (4) The number of amendments to each contract and the number of
renewals of each contract, where applicable.
   (5) Reason why low bid was not accepted.
   (6) Reason for noncompetitive bidding.
   (7)  (A)    The total amount of the contract
 price   allocation  over the duration of
the contract, including all known amendments to the contract, the
total amount paid by the state agency during the most recently
completed fiscal year, and the number, cost, bill rate, and staffing
levels associated with each type of contract employee retained during
the most recently completed fiscal year. In time and material
contracts, staffing levels shall also be described or accounted for
in personnel years or full-time equivalent terms. In deliverables
based contracts, average staffing levels and bill rates shall be
available and reportable 90 days after the completion of the contract
or after one year, whichever occurs first. 
   (B) This paragraph shall become operative on January 1, 2011.

   (8)  Costs and relevant staffing information 
 Contract listings  shall be organized and reported 
using both broad and detailed contract categories that are based on
  in one of the following manners: 
    (A)     Using the maximum level of
specificity available through  the United Nations Standard
Products and Services Code (UNSPSC). 
   (B) Using the following broad category names:  
   (i) Architectural, engineering, and environmental services and
consulting services.  
   (ii) Information technology personal services and consulting
services.  
   (iii) Other personal services and consulting services.  
   (iv) Information technology goods contracts.  
   (v) Non-information technology goods contracts.  
   (vi) Public works contracts. 
   (b) For purposes of this section, the following definitions apply:

   (1) "Consulting services contracts" has the same meaning as
defined in Section 10335.5.
   (2) "Personal services contracts" means any contract, requisition,
or purchase order  , excluding public works contracts,
 under which labor or personal services is a significant,
separately identifiable element.
   (3) "Time and material contract" means a contract under which the
contractor agrees to furnish and install materials or fixtures, or
both, and which sets forth separately a charge for the materials or
fixtures and a charge for their installation or fabrication.
   (4) "Deliverables" means any contract, requisition  ,  or
purchasing order, excluding public works contracts  which
  that  does not specify actual cost of direct
labor at specified hourly rates or actual cost of materials. These
contracts are for products or services that must be completed and
delivered as final products under the terms of an agreement or
contract.
   (c)  (1)    To facilitate state
agency reporting of information for the listings, contractors shall
electronically provide all of the staffing and cost information
specified in paragraph  (5)   (7)  of
subdivision (a) to the agencies  at the end of each fiscal
  , which shall be   reportable 90 days after
the completion of the contract or after one  year for each and
every personal services and consulting services contract operative
during that fiscal year. 
   (2) Contractors who fail to provide the required information shall
be subject to both of the following until the information is
provided:  
   (A) Payments for any ongoing contracts shall cease. 

   (B) The contractor shall be ineligible for any additional personal
services or consulting services contracts. 
   (d) The information required by subdivision (a) shall be made
available to the public in an electronic format that is searchable
and easy to use in order to promote and support government
transparency.
   (e) This section shall not apply to information resulting from
contracts for confidential expert consulting services that
constitutes an attorney work product  or   ,
 is protected by the attorney-client privilege  , or results
from a court order  .
   (f) State agencies that are not required to report to the State
Contract and Procurement Registration System (SCPRS) shall be exempt
from the requirements of this  section, except as required
under Section 6254 of the Government Code.   section.
 
   (h) This section does not in any manner affect the public
disclosure requirements of the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).