Bill Text: CA SB159 | 2015-2016 | Regular Session | Amended
Bill Title: California Disabled Veteran Business Enterprise Program: goal achievement.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB159 Detail]
Download: California-2015-SB159-Amended.html
BILL NUMBER: SB 159 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY JUNE 24, 2015
AMENDED IN SENATE MARCH 23, 2015
INTRODUCED BY Senator Nielsen
( Principal coauthor: Assembly Member
Weber )
( Coauthor: Senator
Berryhill )
(Coauthors: Assembly Members Arambula, Brough, Brown,
Chu, Eduardo Garcia, Kim, and Mathis)
FEBRUARY 3, 2015
An act to amend Section 10111 of the Public Contract Code,
relating to state government, and declaring the urgency
thereof, to take effect immediately. government.
LEGISLATIVE COUNSEL'S DIGEST
SB 159, as amended, Nielsen. California Disabled Veteran Business
Enterprise Program: goal achievement.
Existing law establishes statewide participation goals that apply
to the overall dollar amount expended each year by an awarding
department, as defined, to facilitate the participation of disabled
veteran business enterprises in state contracts, and establishes the
California Disabled Veteran Business Enterprise Program for this
purpose. Existing law requires the Department of General Services to
make available a report on contracting activity containing specified
information, including a statistical summary detailing each awarding
department's goal achievement under the California Disabled Veteran
Business Enterprise Program and a statewide total of those goals.
This bill would specify that an awarding department's goal
achievement under the California Disabled Veteran Business Enterprise
Program, and statewide total of those goals, be measured as
specified. The bill would also make a legislative finding that this
bill is clarifying and declaratory of existing law.
This bill would incorporate additional changes to Section 10111 of
the Public Contract Code proposed by SB 1219 that would become
operative if this bill and SB 1219 are enacted and this bill is
enacted last.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10111 of the Public Contract Code is amended to
read:
10111. Commencing January 1, 2007, the department shall make
available a report on contracting activity containing the following
information:
(a) A listing of consulting services contracts that the state has
entered into during the previous fiscal year. The listing shall
include the following:
(1) The name and identification number of each contractor.
(2) The type of bidding entered into, the number of bidders,
whether the low bidder was accepted, and if the low bidder was not
accepted, an explanation of why another contractor was selected.
(3) The amount of the contract price.
(4) Whether the contract was a noncompetitive bid contract, and
why the contract was a noncompetitive bid contract.
(5) Justification for entering into each consulting services
contract.
(6) The purpose of the contract and the potential beneficiaries.
(7) The date when the initial contract was signed, and the date
when the work began and was completed.
(b) The report shall also include a separate listing of consultant
contracts completed during that fiscal year, with the same
information specified in subdivision (a).
(c) The information specified in subdivisions (a) and (b) shall
also include a list of any contracts underway during that fiscal year
on which a change was made regarding the following:
(1) The completion date of the contract.
(2) The amount of money to be received by the contractor, if it
exceeds 3 percent of the original contract price.
(3) The purpose of the contract or duties of the contractor. A
brief explanation shall be given if the change in purpose is
significant.
(d) The level of participation, by agency, of disabled veteran
business enterprises in statewide contracting and shall include
dollar values of contract award for the following categories:
(1) Construction.
(2) Architectural, engineering, and other professional services.
(3) Procurement of materials, supplies, and equipment.
(4) Information technology procurements.
Additionally, the report shall include a statistical summary
detailing each awarding department's goal achievement and a statewide
total of those goals. An awarding department's goal achievement is
to be measured pursuant to subdivision (a) of Section 999.2 of the
Military and Veterans Code and subdivision (c) of Section 10115 of
this code.
(e) The level of participation by small business in state
contracting including:
(1) Upon request, an up-to-date list of eligible small business
bidders by general procurement and construction contract categories,
noting company names and addresses and also noting which small
businesses also qualify as microbusinesses.
(2) By general procurement and construction contract categories,
statistics comparing the small business and microbusiness contract
participation dollars to the total state contract participation
dollars.
(3) By awarding department and general procurement and
construction categories, statistics comparing the small business and
microbusiness contract participation dollars to the total state
contract participation dollars.
(4) Any recommendations for changes in statutes or state policies
to improve opportunities for small businesses and microbusinesses.
(5) A statistical summary of small businesses and microbusinesses
certified for state contracting by the number of employees at the
business for each of the following categories: 0-5, 26-50, 51-75, and
76-100.
(6) To the extent feasible, beginning in the year 2008, the number
of contracts awarded by the department in the categories specified
in paragraph (5).
(7) The number of contracts and dollar amounts awarded annually
pursuant to Section 14838.5 of the Government Code to small
businesses, microbusinesses, and disabled veteran business
enterprises.
(f) The level of participation of business enterprises, by race,
ethnicity, and gender of the owner, in contracts to the extent that
the information has been voluntarily reported to the department. In
addition, the report shall contain the levels of participation of
business enterprises, by race, ethnicity, and gender of the owner,
and whether the business is a lesbian, gay, bisexual, or transgender
owned business for the following categories of contracts, to the
extent that the information has been voluntarily reported to the
department:
(1) Construction.
(2) Purchases of materials, supplies, or equipment.
(3) Professional services.
(g) In the years 2011 and 2012, any errors reported to the
department by an awarding agency as required by Sections 10302,
10344, and 12104.5, in the previous fiscal year.
(h) The amendments made to this section by Chapter 861 of the
Statutes of 2012 shall apply on and after January 1, 2013.
SEC. 1.5. Section 10111 of the Public
Contract Code is amended to read:
10111. Commencing January 1, 2007, the department shall make
available a report on contracting activity containing the following
information:
(a) A listing of consulting services contracts that the state has
entered into during the previous fiscal year. The listing shall
include the following:
(1) The name and identification number of each contractor.
(2) The type of bidding entered into, the number of bidders,
whether the low bidder was accepted, and if the low bidder was not
accepted, an explanation of why another contractor was selected.
(3) The amount of the contract price.
(4) Whether the contract was a noncompetitive bid contract, and
why the contract was a noncompetitive bid contract.
(5) Justification for entering into each consulting services
contract.
(6) The purpose of the contract and the potential beneficiaries.
(7) The date when the initial contract was signed, and the date
when the work began and was completed.
(b) The report shall also include a separate listing of consultant
contracts completed during that fiscal year, with the same
information specified in subdivision (a).
(c) The information specified in subdivisions (a) and (b) shall
also include a list of any contracts underway during that fiscal year
on which a change was made regarding the following:
(1) The completion date of the contract.
(2) The amount of money to be received by the contractor, if it
exceeds 3 percent of the original contract price.
(3) The purpose of the contract or duties of the contractor. A
brief explanation shall be given if the change in purpose is
significant.
(d) The level of participation, by agency, of disabled veteran
business enterprises in statewide contracting and shall include
dollar values of contract award for the following categories:
(1) Construction.
(2) Architectural, engineering, and other professional services.
(3) Procurement of materials, supplies, and equipment.
(4) Information technology procurements.
Additionally, the report shall include a statistical summary
detailing each awarding department's goal achievement and a statewide
total of those goals. An awarding department's goal achievement
is to be measured pursuant to subdivision (a) of Section 999.2 of
the Military and Veterans Code and subdivision (c) of Section 10115
of this code.
(e) The level of participation by small business in state
contracting including:
(1) Upon request, an up-to-date list of eligible small business
bidders by general procurement and construction contract categories,
noting company names and addresses and also noting which small
businesses also qualify as microbusinesses.
(2) By general procurement and construction contract categories,
statistics comparing the small business and microbusiness contract
participation dollars to the total state contract participation
dollars.
(3) By awarding department and general procurement and
construction categories, statistics comparing the small business and
microbusiness contract participation dollars to the total state
contract participation dollars.
(4) Any recommendations for changes in statutes or state policies
to improve opportunities for small businesses and microbusinesses.
(5) A statistical summary of small businesses and microbusinesses
certified for state contracting by the number of employees at the
business for each of the following categories: 0-5, 26-50, 51-75, and
76-100.
(6) To the extent feasible, beginning in the year 2008, the number
of contracts awarded by the department in the categories specified
in paragraph (5).
(7) The number of contracts and dollar amounts awarded annually
pursuant to Section 14838.5 of the Government Code to small
businesses, microbusinesses, and disabled veteran business
enterprises.
(f) The level of participation of business enterprises, by race,
ethnicity, and gender of the owner, in contracts to the extent that
the information has been voluntarily reported to the department. In
addition, the report shall contain the levels of participation of
business enterprises, by race, ethnicity, and gender of the owner,
and whether the business is a lesbian, gay, bisexual, or transgender
owned business for the following categories of contracts, to the
extent that the information has been voluntarily reported to the
department:
(1) Construction.
(2) Purchases of materials, supplies, or equipment.
(3) Professional services.
(g) In the years 2011 and 2012, any errors reported to the
department by an awarding agency as required by Sections 10302,
10344, and 12104.5, in the previous fiscal year.
(h) The level of participation by employment social enterprises in
state contracting, including the following:
(1) Upon request, an up-to-date list of eligible employment social
enterprises bidders by general procurement and construction contract
categories.
(2) By general procurement and construction contract categories,
statistics comparing the employment social enterprises contract
participation dollars to the total state contract participation
dollars.
(3) By awarding department and general procurement and
construction categories, statistics comparing the employment social
enterprises contract participation dollars to the total state
contract participation dollars.
(4) Any recommendations for changes in statutes or state policies
to improve opportunities for employment social enterprises.
(5) The aggregate number of employees participating in employment
social enterprises and verification of on-the-job and life skills
training identified in subparagraph (D) of paragraph (3) of
subdivision (d) of Section 14837 of the Government Code. This
information shall be reported by categories, as established by the
department.
(h)
(i) The amendments made to this section by the
act adding this subdivision Chapter 861 of the
Statutes of 2012 shall apply on and after January 1, 2013.
SEC. 2. The Legislature finds and declares that the amendments
made by this act to paragraph (4) of subdivision (d) of
Section 10111 of the Public Contract Code are clarifying and
declaratory of existing law.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or
safety within the meaning of Article IV of the Constitution and shall
go into immediate effect. The facts constituting the necessity are:
(1) California State Auditor Report 2013-115 on the Disabled
Veteran Business Enterprise (DVBE) Program found that during the
2012-13 fiscal year, 83 percent of the DVBE contract award amounts
went to only 30 DVBE firms and that a lack of standardized reporting
by awarding agencies may distort an assessment of whether the program
is meeting the legislative intent.
(2) The California State Auditor's Office recommended that in
order to ensure accuracy and consistency in reporting requirements
for the DVBE Program, it is necessary for the Legislature to clarify
that an awarding department's goal achievement under the DVBE Program
is to be measured by the overall dollar amount expended each fiscal
year.
(3) Since the DVBE Program comprises of a minimum of 3 percent of
all state contracts awarded each fiscal year, which, according to the
Department of General Services, was over $299 million for the
2013-14 fiscal year, the sheer magnitude of the program necessitates
urgency in establishing accurate and consistent reporting across all
awarding departments.
(4) For the above-mentioned reasons, it is necessary that this
bill take effect immediately.
SEC. 3. Section 1.5 of this bill incorporates
amendments to Section 10111 of the Public Contract Code proposed by
both this bill and Senate Bill 1219. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2017, (2) each bill amends Section 10111 of the Public
Contract Code, and (3) this bill is enacted after Senate Bill 1219,
in which case Section 1 of this bill shall not become operative.
