Bill Text: CA SB1325 | 2023-2024 | Regular Session | Amended
Bill Title: Public contracts: best value procurement: goods.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-08-15 - August 15 hearing: Held in committee and under submission. [SB1325 Detail]
Download: California-2023-SB1325-Amended.html
|
Amended
IN
Senate
April 10, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1325
| Introduced by Senator Durazo |
February 16, 2024 |
An act to add Section 2004 to the Public Contract Code, relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1325, as amended, Durazo.
Public contracts: best value procurement: equipment. goods.
Existing law imposes requirements on, and authorizes procedures for, public contracting for equipment and services, among other things, by local and state agencies. Existing law authorizes certain procurements to be facilitated through a lowest responsible bidder requirement.
This bill would authorize a state or local agency, public entity, as defined, to award contracts through a best value procurement method, as describe, described, for the purchase of equipment
goods with a base value of $250,000 or more. The bill would require the agency public entity to adopt and publish procedures and guidelines for evaluating the qualifications of the bidders to ensure the best value selections are conducted in a fair and impartial manner, as described. The bill would authorize the procedures and guidelines to include the adoption of a high road jobs plan policy that evaluates bidders’ high road jobs plan commitments as part of the overall score for the public contract, as specified.
This bill would require the solicitation document to include certain information and would direct the agency
public entity to use a scoring method based on price and the factors described in the solicitation document, as specified. The bill would require the agency public entity to let any contract for these projects to the selected bidder that represents the best value or reject all bids. The bill would also authorize a public entity to award all contracts for the purchase of municipal fleets by using a best value procurement method, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2004 is added to the Public Contract Code, to read:2004.
(a) Notwithstanding any law requiring a(1) To use the procurement method described in this subdivision, the state or local agency public entity shall adopt and publish procedures and guidelines for evaluating the qualifications of bidders that ensure the best value selections are conducted in a fair and impartial manner. These procedures and guidelines may include, but are not limited to, the adoption of a high road jobs plan policy.
(2) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what criteria, in addition to price, shall be given a weighted value. The state or local agency public entity shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price.
(3) The state or local agency public entity shall let any contract for a
project pursuant to this section to the selected bidder that represents the best value or shall reject all bids.
(b) Notwithstanding any law requiring a public entity to award contracts to the lowest responsible bidder, a public entity may award all contracts for the purchase of municipal fleets by using a best value procurement method that includes a high road jobs plan policy, in accordance with the procedures in this section.
(b)
(c) For purposes of this section, the
following definitions apply:
(1) “Best value procurement” means a process by which a contract award is determined by objective criteria related to price, quality, and other qualifications, including, but not limited to, the following:
(A) Product performance, productivity, and safety standards.
(B) The supplier’s ability to perform the contract requirements.
(C) Environmental benefits, including the reduction of greenhouse gas emissions.
(D) Community benefits, including the bidder’s participation in or commitments to a community benefits agreement, targeted hiring program, or high road training
program.
(E) Job quality benefits, as determined by a high road jobs plan policy.
(2) “Community benefits agreement” means a legally binding contract between a private entity and a partner entity at least one stakeholder organization that details specific, measurable, and enforceable commitments to a specified community. The partner entity shall be a public entity, nonprofit, or labor organization whose purpose aligns with the purported goal of the community benefits agreement.
(3) “High road jobs plan” means a component of an application submitted by applicants for public contracts where bidders are required to state, at a minimum, all of the following:
(A) The minimum number of full-time equivalent jobs that will be retained and created if awarded the contract.
(B) The minimum wage and benefit amounts by job classification for nonsupervisory workers on the contract.
(C) The minimum number of jobs that will be specifically retained and created for individuals facing with employment barriers to employment
if awarded the contract.
(D) Detailed information regarding any targeted hiring programs, community benefits agreements, high road training programs, or registered apprenticeship programs.
(E) A statement that all workers are properly classified pursuant to Section 2775 of the Labor Code and an acknowledgment that knowingly submitting false information is a violation of Article 9 (commencing with Section 12650) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.
(4) “High road jobs plan policy” means a policy by which a state or local agency
public entity
evaluates bidders’ high road jobs plan commitments as part of the overall score for the public contract, and incorporates these commitments into the selected applicant’s final contract as a material term.
(5) “High road training program” means a program that provides comprehensive, equitable, and standardized training to a diverse set of participants, including, but not limited to, the following:
(A) A program that includes a standardized curriculum resulting in an industry-recognized credential, that includes measurable goals, regular reporting, and accountability standards to assess program effectiveness.
(B) Wages and stipends for program participants, including assistance with tuition, supplies, and
materials.
(C) Pay increases tied to new skills gained and trainings completed.
(D) Formalized agreements with a public entity, nonprofit, or labor organization to support the training program, whose purpose aligns with the program’s goals. goals, or high road training partnerships as defined in subdivision (s) of Section 14005 of the Unemployment Insurance Code.
(6)“Local agency” means a city, whether general law or chartered, county, or city and county, school district, or other district. For purposes of this paragraph, “district” means an agency of the state formed for the local performance of governmental or proprietary functions within limited boundaries.
(7)“State agency” means any department, division, board, bureau, commission, or agency of the executive branch of government in the state.
(6) “Individual with employment barriers” shall have the same meaning as defined in subdivision (j) of Section 14005 of the Unemployment Insurance Code.
(7) “Public entity” shall have the same meaning as defined in Section 1100.
(8) “Stakeholder organization” shall mean a nonprofit, unincorporated association of local impacted community members, or a labor organization whose purpose aligns with the program, project, or agreement’s goal.
(8)
(9) “Targeted hiring program” means a program that meets all of the following conditions:
(A) Meaningful outreach and recruitment activities and measurable hiring goals specifically targeted to individuals facing with employment barriers to employment or displaced workers.
(B) Hiring practices developed to provide fair access to and support the hiring of individuals facing barriers to employment.
with employment barriers.
(C) Collaboration with community groups or public entities to directly support skill and career development for individuals facing barriers to employment, with employment barriers, as well as provide wraparound services as needed by particular communities, such as transportation assistance or childcare vouchers.
