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AB-681 Childcare business enterprise participation goal: childcare bid preference.(2023-2024)

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Date Published: 03/23/2023 09:00 PM
AB681:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 681

Introduced by Assembly Member Schiavo

February 13, 2023

An act to add Article 1.7 (commencing with Section 10117) to Chapter 1 of Part 2 of Division 2 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 681, as amended, Schiavo. Childcare. Childcare business enterprise participation goal: childcare bid preference.
Existing law establishes bid preferences and participation goals in public contracting for certain types of bidders. The Small Business Procurement and Contract Act establishes a minimum goal of 25% procurement participation for small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. The Small Business Procurement and Contract Act requires that state agencies awarding contracts for goods, information technology, services, and construction give 5% bid preferences, as specified, to small business and microbusiness bidders. The California Disabled Veteran Business Enterprise Program requires state departments that award contracts to establish 3% participation goals for certain types of contracts for certified disabled veteran business enterprises, as defined.
This bill would declare the intent of the Legislature to enact legislation to prioritize childcare in public contracts. require an awarding department, defined as a state agency, department, governmental entity, or other officer or entity empowered by law to enter into contracts on behalf of the state, to have a statewide procurement participation goal of not less than an unspecified percentage for childcare business enterprises, as defined. The bill would require an awarding department, within its respective area of responsibility, to provide for a bid preference in an unspecified percentage, as prescribed, to contractors, companies, or businesses that engage in specified business activities relating to childcare, if their bid is otherwise similar to that of other bidders. The bill would require the Department of General Services to adopt rules and regulations for the purpose of implementing 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.

 Article 1.7 (commencing with Section 10117) is added to Chapter 1 of Part 2 of Division 2 of the Public Contract Code, to read:
Article  1.7. Childcare in Public Contracting

10117.
 As used in this article:
(a) “Awarding department” means any state agency, department, governmental entity, or other officer or entity empowered by law to enter into contracts on behalf of the state.
(b) “Childcare business enterprise” means a business whose primary service is providing childcare services.
(c) “Contract” includes any agreement or joint development agreement to provide labor, services, material, supplies, or equipment in the performance of a contract, franchise, concession, or lease granted, let, or awarded for and on behalf of the state.
(d) “Contractor” means any person or persons, regardless of race, color, sex, ethnic origin or ancestry, or any firm, partnership, corporation, or combination thereof that submits a bid and enters into a contract with a representative of a state agency, department, governmental entity, or other officer empowered by law to enter into contracts on behalf of the state.
(e) “Goal” means a numerically expressed objective that awarding departments and contractors are required to make efforts to achieve.

10117.1.
 Notwithstanding any other provision of law, an awarding department shall have a statewide procurement participation goal of not less than ____ percent for childcare business enterprises. The goal applies to the overall dollar amount expended on procurement each year by the awarding department.

10117.2.
 (a) An awarding department, within its respective area of responsibility, shall provide for a bid preference in the award of contracts, in accordance with subdivision (b), to contractors, companies, or businesses that do any of the following, if the bid of a contractor, company, or business is otherwise similar to that of other bidders:
(1) Provides or significantly subsidizes childcare for their workforce, including interns and apprentices.
(2) Includes childcare costs or subsidies in their collective bargaining agreement.
(3) Includes the construction, renovation, or expansion of childcare facilities in their contract plan.
(4) Is a childcare business enterprise that currently provides, or intends to provide, childcare services in this state.
(b) A bid preference shall operate as follows:
(1) In solicitations where an award is to be made to the lowest responsible bidder meeting specifications, the preference to an entity described in subdivision (a) shall be ____ percent of the lowest responsible bidder meeting specifications.
(2) In solicitations where an award is to be made to the highest scored bidder based on evaluation factors in addition to price, the preference to an entity described in subdivision (a) shall be ____ percent of the highest responsible bidder’s total score.
(3) The preferences under paragraphs (1) and (2) shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements.

10117.3.
 The Department of General Services shall adopt rules and regulations for the purpose of implementing this article.

SECTION 1.

It is the intent of the Legislature to enact legislation to prioritize childcare in public contracts.