Today's Law As Amended


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AB-1635 Public contracts: small business participation.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 14838.8 is added to the Government Code, to read:

14838.8.
 (a) In order to encourage small business participation in state contracts, a state agency shall establish and achieve an annual goal that at least 25 percent of the procurement activities administered by that agency include a small business participant. This goal shall set the minimum goal that a state agency must set to comply with subdivision (a) of Section 14838. Nothing in this chapter prohibits an agency from setting a higher small business participation goal.
(b) In carrying out the purposes of this chapter, the head of a state agency shall ensure that the agency’s procurement practices are administered in a manner that supports the agency in meeting or exceeding the 25 percent small business participation goal, and shall report to the director statistics regarding small business annual participation in his or her agency’s procurement activities.
(c) Consistent with the requirements of subdivision (g) of Section 14845, the department shall monitor the progress of a state agency toward meeting the 25 percent small business participation goal. The department shall regularly share information with the Office of Small Business Advocate on the progress of each individual agency, department, board, and commission in meeting the annual goal, including, but not limited to, providing copies of corrective action plans.
(d) (1) A state agency that has not achieved the 25 percent small business participation goal by the close of the fiscal year shall submit a corrective action plan to the department within 45 days.
(2) The department, in collaboration with the Office of Small Business Advocate, shall undertake reasonable means to assist agencies in improving small business participation in their contracting, including entering into memoranda of understanding with the agencies that have not met the goal to improve performance.
(e) The department shall actively promote small business certification, help small businesses market their products, goods, and services to the state, and promote the use of technologies and other innovative solutions for notifying small businesses of state contracting opportunities, including, but not limited to, the Subscription Outreach Service of the California State Contracts Register.
(f) The department shall collaborate with the Office of Small Business Advocate in the office’s work to assist small businesses access to capital and other resources necessary to successfully fulfill state contracts.
(g) For purposes of this section, “state agency” means all state agencies, departments, boards, commissions, and other state public entities that receive state funding including the University of California, the California State University, and the California Community Colleges. In calculating the total amount of contracting covered by this section, the University of California, the California State University, and the California Community Colleges shall only be required to meet the 25 percent goal for state funding used in contracting.