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AB-1353 Public contracts.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1353

Introduced by Assembly Member Linder

February 22, 2013

An act to amend Section 4104 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1353, as introduced, Linder. Public contracts.
The Subletting and Subcontracting Fair Practices Act requires an officer, department, board, or commission taking bids for the construction of any public work or improvement to provide in the specifications prepared for the work or improvement, or in the general conditions under which bids will be received, that any person making a bid or offer to perform the work, in his or her bid or offer, set forth the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement, as specified.
This bill would instead require that those specifications provide that any person making a bid or offer to perform the work, in his or her bid or offer, set forth each subcontractor required to be licensed by the Contractors’ State License Board who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or who will, under subcontract to the prime contractor, specially fabricate and install a portion of the work or improvement, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 4104 of the Public Contract Code is amended to read:

4104.
 Any officer, department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received for the doing of the work incident to the public work or improvement that any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth:
(a) (1) The name and the location of the place of business of each subcontractor who required to be licensed by the Contractors’ State License Board who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who will, under subcontract to the prime contractor, specially fabricates and installs fabricate or install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.
(2) (A) Subject to subparagraph (B), any information requested by the officer, department, board, or commission concerning any subcontractor who the prime contractor is required to list under this subdivision, other than the subcontractor’s name and location of business, may be submitted by the prime contractor up to 24 hours after the deadline established by the officer, department, board, or commission for receipt of bids by prime contractors.
(B) A state or local agency may implement subparagraph (A) at its option.
(b) The portion of the work that will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid.