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AB-1546 Public contracts: information technology: contractor performance assessment report.(2017-2018)

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Date Published: 03/29/2017 04:00 AM
AB1546:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1546


Introduced by Assembly Member Burke

February 17, 2017


An act to amend Section 14220 of the Business and Professions Code, relating to trademarks. add Section 12107 to the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1546, as amended, Burke. Model State Trademark Law. Public contracts: information technology: contractor performance assessment report.
Existing law establishes in state government the Department of Technology within the Government Operations Agency. Existing law provides that the Department of Technology is responsible for the approval and oversight of specified information technology projects. Existing law requires specified contracts for the acquisition of information technology projects to be made by or under the supervision of the Department of Technology.
Existing law sets forth requirements for the acquisition of goods 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. Existing law requires, unless otherwise expressly provided, that all contracts for the acquisition of information technology goods or services be made by or under the supervision of the Department of General Services.
This bill would require the Director of Technology, by January 1, 2019, to develop a standardized contractor performance assessment report system to evaluate the performance of a contractor on any information technology contract or project reportable to the Department of Technology, as provided. The bill would require the Director of Technology to implement that evaluation system for all reportable information technology contracts and projects, as specified, and would require that system to be used in addition to any other procurement procedures when evaluating or awarding those contracts or projects.

Existing law, the Model State Trademark Law, provides for the registration of trademarks and service marks with the Secretary of State. Existing law authorizes the assignment of a mark and its registration with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark, by instrument in writing duly executed and recorded with the secretary upon the payment of a recording fee, as specified.

This bill would make nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12107 is added to the Public Contract Code, to read:

12107.
 (a) (1) On or before January 1, 2019, the Director of Technology shall develop a standardized contractor performance assessment report system to evaluate the performance of a contractor on any information technology contract or project reportable under Chapter 4800 of the State Administrative Manual entered into pursuant to this chapter.
(2) The contractor performance assessment report system shall include, but is not limited to, multiple evaluations before the final evaluation, a minimum 30-day response period for the contractor to respond to the final evaluation, an objective evaluation of the performance of the contractor, information about the type of contract or project and whether or not that contract or project was completed on time, and information about the number of completed contracts or projects by the contractor.
(b) (1) Upon the development of the contractor performance assessment report system described in subdivision (a), the Director of Technology shall implement the contractor performance assessment report system for all information technology contracts and projects reportable under Chapter 4800 of the State Administrative Manual entered into pursuant to this chapter.
(2) The contractor performance assessment report system shall, in addition to any other applicable information technology procurement procedures, be utilized to evaluate and award any information technology contract or project reportable under Chapter 4800 of the State Administrative Manual awarded pursuant to this chapter.

SECTION 1.Section 14220 of the Business and Professions Code is amended to read:
14220.

(a)A mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of, and symbolized by, the mark. Assignment shall be payable to the secretary as set forth in subdivision (b) of Section 12193 of the Government Code, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this chapter shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three months after the date thereof or prior to the subsequent purchase.

(b)A registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may, on a form prescribed by the secretary, record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application or a new certificate or registration for the remainder of the term of the registration or last renewal thereof.

(c)Other instruments that relate to a mark registered or application pending pursuant to this chapter, including, but not limited to, licenses, may be recorded at the discretion of the secretary, provided that the instrument is in writing and is duly executed.

(d)Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of the execution of an assignment.

(e)A photocopy of any instrument referred to in subdivision (a), (b), or (c) shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.

(f)Neither this chapter nor the recordation of any instrument received by the secretary pursuant to this chapter shall have any effect, including, but not limited to, any effect relating to attachment, perfection, priority, or enforcement, on any security interest governed by Division 9 (commencing with Section 9101) of the Uniform Commercial Code.