Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-971 Public contracts: information technology services: contractor evaluations.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 07/02/2019 09:00 PM
AB971:v93#DOCUMENT

Amended  IN  Senate  July 02, 2019
Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  April 22, 2019
Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  April 04, 2019
Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 971


Introduced by Assembly Member Salas

February 21, 2019


An act to add Section 12102.3 to the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 971, as amended, Salas. Public contracts: information technology services: contractor evaluations.
Existing law requires all contracts for the acquisition of information technology goods and services related to information technology projects, as defined, to be made by or under the supervision of the Department of Technology. Existing law requires all other contracts for the acquisition of information technology goods or services to be made by or under the supervision of the Department of General Services. Under existing law, both the Department of Technology and the Department of General Services are authorized to delegate their authority to another agency, as specified.
Existing law establishes various procedures for the procurement of state goods and services, including consulting services and personal services. Existing law requires each state agency to conduct a postevaluation, by completing a postevaluation form, of each consulting services contract totaling $5,000 or more that it executes. Existing law requires the state agency to evaluate the performance of the contractor in doing the work or delivering the services for which the contract was awarded, including evaluating any cost overruns or delayed completions.
This bill would require an awarding department, as specified, to conduct a postevaluation similar to the one described above for each contract for the acquisition of information technology services services, as defined, totaling $5,000 or more. The bill would require a department to base a postevaluation on objective facts and support them with program and contract performance data. The bill would require the Department of General Services Services, in consultation with the Department of Technology, to develop, and each awarding department to use, a standard form or forms that contains contain objective postevaluation factors and ratings. The bill would require the ratings to designate a contractor’s work as either satisfactory or unsatisfactory. or metrics, as specified. The bill would require a public official who signs a postevaluation to certify its accuracy under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. confirm its accuracy. The bill would require an awarding department to keep postevaluations on file, as specified, and would authorize a contractor to comment on a negative postevaluation.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 12102.3 is added to the Public Contract Code, to read:

12102.3.
 (a) The department shall conduct a postevaluation of each contract for the acquisition of information technology services totaling five thousand dollars ($5,000) or more that it executes.
(b) The department shall evaluate the performance of the contractor in doing the work for which the contract was awarded. The department shall base a postevaluation on objective facts and support them with program and contract performance data. The Department of General Services Services, in consultation with the Department of Technology, shall develop, and each department shall use, a standard form or forms that contains contain objective postevaluation factors and ratings. The ratings shall designate a contractor’s work as either satisfactory or unsatisfactory. or metrics appropriate to the nature of the information technology service and project type. In developing a standard postevaluation form or forms under this subdivision, the Department of General Services, in consultation with the Department of Technology, shall also gather feedback from stakeholders in the information technology industry to ensure that the use of any factors or metrics on the standard form or forms are appropriate to the nature of the information technology service or project type. A public official who signs a postevaluation shall certify its accuracy under penalty of perjury. confirm its accuracy. The department shall use a standard form developed pursuant to this subdivision to report on all of the following:
(1) Whether the contracted work was completed as specified in the contract, and reasons for and amount of any cost overruns or delayed completions. within the time specified in the contract.
(2) Whether the contracted work met the quality standards specified in the contract. was completed within the budget specified in the contract.

(3)Whether the contractor fulfilled all the requirements of the contract and if not, in what ways the contractor did not fulfill the contract.

(4)

(3) Factors outside the control of the contractor that caused difficulties in contractor performance.

(5)

(4) Other information the department may require.
(c) If the contractor’s performance was judged unsatisfactory on any of the factors or metrics specified in a standard postevaluation form developed pursuant to subdivision (b) and was not mitigated by circumstances specified in paragraph (4) of subdivision (b), any factors or metrics outside the control of the contractor that may have caused difficulties in the contractor’s performance, the postevaluation shall be considered unsatisfactory for the purposes of subdivisions (e) and (f).
(d) The postevaluation shall be prepared within 60 days of the completion of the contract.
(e) Postevaluations shall remain on file at the offices of the awarding department for a period of 36 months following contract completion. If the contractor did not satisfactorily perform the work specified in the contract, the department conducting the postevaluation shall place one copy of the postevaluation form in the department’s contract file and, if the department is not the Department of General Services, Technology, send one copy of the form to the Department of General Services Technology within five working days of the completion of the postevaluation.
(f) (1) Upon filing an unsatisfactory postevaluation or sending a copy to the Department of General Services, Technology, the department shall notify and send a copy of the postevaluation to the contractor within 15 days.
(2) A contractor may comment on a negative postevaluation. Comments made pursuant to this paragraph shall be attached to and filed with the copies of the postevaluation required to be filed pursuant to subdivision (e).
(g) For purposes of this section, “department” means the following: the following definitions shall apply:

(1)The Department of Technology when the contract for the acquisition of information technology services is required to be made by or under the supervision of the department pursuant to Section 12100.

(2)The Department of General Services when the contract for the acquisition of information technology services is required to be made by or under the supervision of the department pursuant to Section 12100.

(3)Any other agency with the authority to contract for the acquisition of information technology services when that authority has been delegated to the agency pursuant to paragraph (1) of subdivision (e) of Section 12102.2 or subdivision (b) of Section 11546 of the Government Code.

(1) “Department” means one of the following:
(A) The state agency that executes a contract for the acquisition of information technology services.
(B) If the information technology services are acquired in connection with a nondelegated information technology project, as defined in Section 4819.37 of the State Administrative Manual, the state agency that receives the information technology services.
(2) “Information technology services” means services acquired in connection with an information technology project, as defined in Section 4819.2 of the State Administrative Manual.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.