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SB-2110 Disabled veterans: contracting preferences.(1999-2000)



Current Version: 07/05/00 - Amended Assembly

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SB2110:v98#DOCUMENT

Amended  IN  Assembly  July 05, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Senate Bill
No. 2110

Introduced  by  Senator Knight

February 25, 2000

An act to amend, repeal, and add Section 999.1 of the Military and Veterans Code and to amend, and to amend, repeal, and add Section 10115.2 of the Public Contract Code, relating to disabled veterans.


LEGISLATIVE COUNSEL'S DIGEST


SB 2110, as amended, Knight. Disabled veterans: contracting preferences.
Under existing law, contracts awarded by state agencies for professional bond services, construction, professional services, materials, supplies, equipment, alteration, repair, or improvement are required to have a 3% participation goal for disabled veterans enterprises.
This bill would provide that in evaluating bid submissions, the awarding authority shall, until January 1, 2004, grant a 5% preference to all bids by a disabled veteran business enterprise that is a prime contractor.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 999.1 of the Military and Veterans Code is amended to read:

999.1.
 (a) (1) Notwithstanding any other provision of law, each awarding department shall have annual statewide participation goals of not less than 3 percent for disabled veteran business enterprises for contracts entered into by the awarding department during the year for professional bond services. In evaluating bid submissions, the awarding authority shall grant a 5-percent preference to all bids by a disabled veteran business enterprise that is a prime contractor. This section does not apply if a contract for professional bond services of an underwriter is to be obtained by competitive bid. However, each awarding department shall establish goals for contracts to be obtained by competitive bid for professional bond services.
(2) These goals shall apply to the overall dollar amount expended by the awarding department with respect to the contracts for professional bond services relating to the issuance of bonds by the awarding department, including amounts spent as underwriter’s discounts.
(b) In attempting to meet the goals set forth in subdivision (a), the awarding department shall consider establishing cocounsel, joint venture, and subcontracting relationships, including disabled veteran business enterprises, in all contracts for professional bond services. It shall be the responsibility of the head of each awarding department to be supportive of the Treasurer’s program for assigning representative portions of professional bond services contracts for purposes of meeting the goals established pursuant to this section. However, nothing in this article shall preclude the awarding department from achieving the goals set forth in this section without requiring joint ventures, cocounsel, or subcontracting arrangements.
(c) This section shall not limit the ability of any awarding department to meet a goal higher than those set forth in subdivision (a) for the participation of disabled veteran business enterprises in contracts awarded by the awarding department.
(d) A bidder that receives the 5-percent bid preference provided by subdivision (a) may not, for that contract, also receive the preference for small business provided by Section 14838 of the Government Code.

(e) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2004, deletes or extends that date.

SEC. 2.

 Section 999.1 is added to the Military and Veterans Code, to read:

999.1.
 (a) (1) Notwithstanding any other provision of law, each awarding department shall have annual statewide participation goals of not less than 3 percent for disabled veteran business enterprises for contracts entered into by the awarding department during the year for professional bond services. This section does not apply if a contract for professional bond services of an underwriter is to be obtained by competitive bid. However, each awarding department shall establish goals for contracts to be obtained by competitive bid for professional bond services.
(2) These goals shall apply to the overall dollar amount expended by the awarding department with respect to the contracts for professional bond services relating to the issuance of bonds by the awarding department, including amounts spent as underwriter’s discounts.
(b) In attempting to meet the goals set forth in subdivision (a), the awarding department shall consider establishing cocounsel, joint venture, and subcontracting relationships, including disabled veteran business enterprises, in all contracts for professional bond services. It shall be the responsibility of the head of each awarding department to be supportive of the Treasurer’s program for assigning representative portions of professional bond services contracts for purposes of meeting the goals established pursuant to this section. However, nothing in this article shall preclude the awarding department from achieving the goals set forth in this section without requiring joint ventures, cocounsel, or subcontracting arrangements.
(c) This section shall not limit the ability of any awarding department to meet a goal higher than those set forth in subdivision (a) for the participation of disabled veteran business enterprises in contracts awarded by the awarding department.
(d) This section shall become operative on January 1, 2004.

Section 10115.2 of the Public Contract Code is amended to read:

10115.2.
 (a) In awarding contracts to the lowest responsible bidder, the awarding department shall consider the efforts of a bidder to meet minority business enterprise, women business enterprise, and disabled veteran business enterprise goals set forth in this article. The awarding department shall award the contract to the lowest responsible bidder meeting or making good faith efforts to meet these goals.
(b) A bidder shall be deemed to have made good faith efforts upon submittal, within time limits specified by the awarding department, of documentary evidence that all of the following actions were taken:
(1) Contact was made with the awarding department to identify minority, women, and disabled veteran business enterprises.
(2) Contact was made with other state and federal agencies, and with local minority, women, and disabled veteran business enterprise organizations to identify minority, women, and disabled veteran business enterprises.
(3) Advertising was published in trade papers and papers focusing on minority, women, and disabled veteran business enterprises, unless time limits imposed by the awarding department do not permit that advertising.
(4) Invitations to bid were submitted to potential minority, women, and disabled veteran business enterprise contractors.
(5) Available minority, women, and disabled veteran business enterprises were considered.
(c) In evaluating bid submissions, the awarding authority shall grant a 5-percent preference to all bids by a disabled veteran business enterprise that is a prime contractor.
(d) A bidder that receives the 5-percent bid preference provided by subdivision (a) (c) may not, for that contract, also receive the preference for small business provided by Section 14838 of the Government Code.
(e) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2004, deletes or extends that date.

SEC. 4.

 Section 10115.2 is added to the Public Contract Code, to read:

10115.2.
 (a) In awarding contracts to the lowest responsible bidder, the awarding department shall consider the efforts of a bidder to meet minority business enterprise, women business enterprise, and disabled veteran business enterprise goals set forth in this article. The awarding department shall award the contract to the lowest responsible bidder meeting or making good faith efforts to meet these goals.
(b) A bidder shall be deemed to have made good faith efforts upon submittal, within time limits specified by the awarding department, of documentary evidence that all of the following actions were taken:
(1) Contact was made with the awarding department to identify minority, women, and disabled veteran business enterprises.
(2) Contact was made with other state and federal agencies, and with local minority, women, and disabled veteran business enterprise organizations to identify minority, women, and disabled veteran business enterprises.
(3) Advertising was published in trade papers and papers focusing on minority, women, and disabled veteran business enterprises, unless time limits imposed by the awarding department do not permit that advertising.
(4) Invitations to bid were submitted to potential minority, women, and disabled veteran business enterprise contractors.
(5) Available minority, women, and disabled veteran business enterprises were considered.
(c) This section shall become operative on January 1, 2004.