Bill Text: CA SB1249 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Counterfeit marks: donations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2010-06-28 - From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B.,P. & C.P. [SB1249 Detail]

Download: California-2009-SB1249-Amended.html

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BILL NUMBER: SB 1249	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 20, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Ducheny

                        FEBRUARY 19, 2010

   An act to add Chapter 2.01 (commencing with Section 10490.10) to
Part 2 of Division 2 of the Public Contract Code, relating to state
contracts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1249, as amended, Ducheny. Contracting by state agencies: best
value competitive bid contracts.
   Existing law governs contracting between state agencies and
private contractors, sets forth requirements for the bidding,
awarding, and overseeing of contracts for construction projects, and
regulates the awarding of contracts for the purchase of goods and
services.
   This bill would  require   permit 
competitive bid contracts for construction projects, including, but
not limited to, projects of the California State University,
contracts for goods and services, and contracts for information
technology acquisition, to be awarded as best value competitive bid
contracts, as defined, taking into consideration, when awarding the
contract, the total direct and indirect economic benefit to the state
of the proposed contract, as prescribed. This bill would authorize
the Director of General Services to adopt regulations to assist state
agencies in implementing these provisions.
   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.  It is the intent of the Legislature to do both of the
following:
   (a)  Require   Permit  a contract
entered into between the state and outside entities to reflect the
true costs, both direct and indirect, of the contract to the state.
   (b)  Require   Permit  the method
established for calculating the actual cost of any contract entered
into to include both direct and indirect economic benefits to the
state through the employment of individuals or companies or both or
the purchase of goods or services or both that generate revenues to
the state, including personal or corporate, or both personal and
corporate, income taxes, property taxes, or sales and use taxes.
  SEC. 2.  Chapter 2.01 (commencing with Section 10490.10) is added
to Part 2 of Division 2 of the Public Contract Code, immediately
following Chapter 2 (commencing with Section 10290), to read:
      CHAPTER 2.01.  BEST VALUE COMPETITIVE BID CONTRACTS


   10490.10.  (a) Notwithstanding any provision of law, commencing
January 1, 2011, every contract that would otherwise be required to
be awarded on a competitive basis pursuant to Chapter 1 (commencing
with Section 10100), Chapter 2 (commencing with Section 10290),
Chapter 2.5 (commencing with Section 10700), Chapter 3 (commencing
with Section 12100), and any other applicable state statute governing
state contracts,  shall   may  be awarded,
instead, as a best value competitive bid contract to the bid or
proposal that presents the best overall value to the state.
   (b) For purposes of this chapter  ,  "best value
competitive bid contract" means a contract that is awarded on a
competitive process that is not based merely on the lowest direct
cost to the state under the contract, but rather is awarded to the
bidder that presents the overall best value to the state after
consideration of the total direct and indirect economic benefit to
the state under the contract, including, but not limited to, all of
the following:
   (1) The direct cost of the contract, including, but not limited
to, materials, goods, and services.
   (2) Indirect value to the state generated by the contract,
including, but not limited to, an analysis of the proposed contract
to determine all of the following:
   (A) (i) The total projected indirect revenue to the state
generated by the wages that the contractor and subcontractors, if
any, propose to pay their workers in performing under the contract.
   (ii) The total projected indirect revenue to California local
governments generated by the wages that the contractor and
subcontractors, if any, propose to pay their workers in performing
under the contract and the indirect revenue to the state generated
thereby.
   (B) (i) The total projected indirect revenue to the state
generated from the goods and materials that the contractor and
subcontractors, if any, propose to purchase or provide in performing
under the contract.
   (ii) The total projected indirect revenue to California local
governments generated by the goods and materials that the contractor
and subcontractors, if any, propose to purchase or deliver in
performing under the contract and the indirect revenue to the state
generated thereby.
   (iii) The indirect economic benefit to the state generated by the
economic activity related to the production of the goods and
materials to be purchased or delivered under the contract.
   (c) The Director of General Services shall adopt regulations that
shall take effect immediately and are exempt from the rulemaking
provisions of the Administrative Procedure Act to provide guidance to
state agencies on best methods and practices and a related matrix to
assist those agencies in determining the overall best value.
   (d) In determining the overall economic benefit to the state of a
proposed contract pursuant to this section, state agencies shall
consider, to the extent not prohibited under federal law, the
location where the wages are to be paid and the location where the
products or materials are to be manufactured or produced.