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AB-1808 Public contracts: goods and services: installation of carpet, resilient flooring, and synthetic turf.(2019-2020)

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Date Published: 06/17/2019 09:00 PM
AB1808:v96#DOCUMENT

Amended  IN  Senate  June 17, 2019
Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  April 08, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1808


Introduced by Committee on Jobs, Economic Development, and the Economy (Assembly Members Cervantes (Chair), Cunningham (Vice Chair), Chau, Chen, Ramos, Luz Rivas, and Smith) Assembly Member Cervantes

February 28, 2019


An act to amend Section 12098.3 of the Government Code, relating to small businesses. add and repeal Section 10298.5 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1808, as amended, Committee on Jobs, Economic Development, and the Economy Cervantes. Small Business Advocate: California Disabled Veteran Business Enterprise Program. Public contracts: goods and services: installation of carpet, resilient flooring, and synthetic turf.
The State Contract Act governs state contracts for public works projects and, among other things, generally requires public notice of a project, the submission of bids, and the award of a contract to the lowest responsible bidder, as provided. Existing law also establishes procedures for state agencies to enter into contracts for goods and services, including generally requiring that certain contracts by a state agency be approved by the Department of General Services.
Existing law authorizes the department to consolidate the needs of multiple state agencies for goods, information technology, and services and establish agreements that leverage the state’s buying power, as specified, for certain acquisitions. Existing law authorizes state and local agencies to contract with suppliers awarded those contracts without further competitive bidding.
This bill, notwithstanding any other law requiring bidding on public works contracts, would authorize a state or local agency to use the above-described procedures for the purchase, or purchase and installation, of carpet, resilient flooring, or synthetic turf if the installation work is not performed in connection with new construction and the contractor complies with specified requirements relating to wages and labor. The bill would require a state or local agency that enters into a contract for installation, or purchase and installation, under these provisions to provide the Department of Industrial Relations with a specified notice of the contract. The bill would repeal these provisions as of January 1, 2026.

Existing law establishes the Office of Small Business Advocate within the Governor’s Office of Business and Economic Development, led by the Small Business Advocate, also known as the Director of the Office of Small Business Advocate, appointed by the Governor. Among other things, existing law requires the Small Business Advocate to collaborate with the Office of Small Business and Disabled Veteran Business Enterprise Services in their activities under the Small Business Procurement and Contract Act.

This bill would additionally require the Small Business Advocate to collaborate with the California Disabled Veteran Business Enterprise Program Advocate regarding the implementation of the California Disabled Veteran Business Enterprise Program, as provided.

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

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


SECTION 1.

 Section 10298.5 is added to the Public Contract Code, to read:

10298.5.
 (a) Notwithstanding any other law requiring bidding on public works contracts, as defined in Section 1101, a state or local agency may use the procedures described in Section 10298 for contracts for the installation, and contracts for the purchase and installation, of carpet, resilient flooring, and synthetic turf if all of the following requirements are satisfied:
(1) The installation work is not performed in connection with new construction.
(2) The contractor provides an acknowledgment to the state or local agency that the installation is a public work for purposes of Chapter 1 (commencing with Section 1720) of Division 2 of the Labor Code.
(3) (A) Except as otherwise provided in subparagraph (B), the contractor provides the state or local agency with an enforceable commitment that a skilled and trained workforce, as defined in Section 2600, will be used to complete the installation work.
(B) This paragraph shall not apply if the state or local agency has entered into a project labor agreement, as defined in Section 2500, that requires all contractors and subcontractors performing the installation work to use a skilled and trained workforce and the contractor agrees to be bound by that project labor agreement.
(b) Any state or local agency that enters into a contract for installation, or for purchase or installation, pursuant to this section shall provide notice of that contract to the Department of Industrial Relations pursuant to Section 1773.3 of the Labor Code, regardless of the size of the contract.
(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SECTION 1.Section 12098.3 of the Government Code is amended to read:
12098.3.

(a)The Small Business Advocate shall be appointed by, and shall serve at the pleasure of, the Governor.

(b)The Governor shall appoint the employees who are needed to accomplish the purposes of this article.

(c)The duties and functions of the advocate shall include all of the following:

(1)Serve as the principal advocate in the state on behalf of small businesses, including, but not limited to, advisory participation in the consideration of all legislation and administrative regulations that affect small businesses, and advocacy on state policy and programs related to small businesses.

(2)Represent the views and interests of small businesses before other state agencies whose policies and activities may affect small business.

(3)Enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by state government that are of benefit to small businesses, and information on how small businesses can participate in, or make use of, those programs and services.

(4)Consult with experts and authorities in the fields of small business investment, venture capital investment, and commercial banking and other comparable financial institutions involved in the financing of business, and with individuals with regulatory, legal, economic, or financial expertise, including members of the academic community, and individuals who generally represent the public interest.

(5)Seek the assistance and cooperation of all state agencies and departments providing services to, or affecting, small business, including the small business liaison designated pursuant to Section 11148.5, to ensure coordination of state efforts.

(6)Receive and respond to complaints from small businesses concerning the actions of state agencies and the operative effects of state laws and regulations adversely affecting those businesses.

(7)Counsel small businesses on how to resolve questions and problems concerning the relationship of small business to state government.

(8)Collaborate with the Office of Small Business and Disabled Veteran Business Enterprise Services in their activities under the Small Business Procurement and Contract Act (Chapter 6.5 (commencing with Section 14835) of Part 5.5), including, but not limited to, promoting small business certification and undertaking reasonable means to assist state agencies in improving small business participation. Among other activities, the advocate shall maintain, publicize, and distribute an annual list of persons serving as small business ombudspersons throughout state government.

(9)Collaborate with the California Disabled Veteran Business Enterprise Program Advocate, appointed pursuant to Section 999.11 of the Military and Veterans Code, regarding the implementation of the California Disabled Veteran Business Enterprise Program (Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code), including, but not limited to, promoting disabled veteran business enterprise certification to veteran entrepreneurs and veteran-owned small businesses and undertaking reasonable means to assist state agencies in improving small business and disabled business enterprise procurement participation.