SECTIONS 14845-14847 - California Statutes

GOVERNMENT CODE

SECTION 14845-14847

14845. Using existing resources, the Department of General Services'
small business advocate shall, at a minimum, provide the following
services:
(a) Assist certified small businesses and certified disabled
veteran business enterprises by providing information regarding all
of the following:
(1) Identification of potential certified small business and
certified disabled veteran business enterprise subcontractors and
potential subcontracting opportunities.
(2) Solicitation protest procedures and timelines.
(3) Prompt payment procedures.
(b) Using existing resources, develop and maintain an outreach and
education program to assist certified small businesses and certified
disabled veteran business enterprises to establish the California
multiple award schedule. The department shall actively promote the
availability of certified small business and certified disabled
veteran business enterprise suppliers to deliver or provide a broad
range of goods and services to governmental agencies through their
participation in the California multiple award schedule program
established pursuant to Chapter 2 (commencing with Section 10290) of
Part 2 of Division 2 of the Public Contract Code and other types of
contracts established by state agencies for repetitively used and
commonly needed goods and services.
(c) Whenever the director consolidates the needs of multiple state
agencies and establishes a contract for repetitively purchased or
commonly needed goods or services, the director shall both encourage
bidders to utilize certified small business and certified disabled
veteran business enterprise suppliers and subcontractors, and utilize
multiple award methods whenever practicable to further ensure that a
fair proportion of needed goods and services are obtained from
certified small businesses and certified disabled veteran business
enterprises.
(d) Using existing resources, establish a training and development
program for acquisition professionals, including methods for
structuring solicitations to enhance the participation of certified
small businesses and certified disabled veteran business enterprises
in state contracting.
(e) Using existing resources, the department shall establish a
recognition and awards program for state employees who make an
outstanding contribution to the state's overall effort to increase
the level of certified small business participation in state
contracting or certified disabled veteran business enterprise
participation in state contracting.
(f) Prepare, and make available to the public, a directory of
certified small business and certified disabled veteran business
enterprise suppliers.
(g) In its review of state agency acquisitions, the department, as
applicable, shall identify areas where improvements in the level of
participation of certified small businesses and certified disabled
veteran business enterprises in state contracting can be achieved.

14846. (a) (1) Using existing resources, each state agency shall
consolidate its existing staff functions that relate to contract
opportunities for small business into a single point of contact for
small businesses and designate a small business advocate as a liaison
to small business suppliers.
(2) Each small business advocate shall, at a minimum, provide for
both of the following:
(A) Make information regarding pending solicitations available to,
and consider offers from, California small business suppliers
capable of meeting the state's business need, and who have registered
with the state for this purpose.
(B) Ensure that payments due on a contract with a small business
are made promptly, as provided for in Section 926.15 or 927,
whichever applies.
(3) This subdivision shall not apply to state agencies whose
contracting expenditures total less than one hundred thousand dollars
($100,000) annually.
(b) Prior to placing orders under the California multiple awards
schedule program, state agencies shall first consider offers from
small businesses that have established multiple award schedules
whenever practicable.
(c) State agencies shall identify and implement innovative
acquisition operating processes, including payment processes, and
strategies for small business participation. To maximize the
benefits, state agencies shall actively share information about these
innovative processes with other state agencies.
(d) State agencies shall prepare solicitations, and any related
bid submission requirements, in a manner consistent with the scope,
complexity, and anticipated cost of the acquisition. Where
appropriate, state agencies shall provide bidders with simplified and
streamlined tools and methods for responding to solicitations that
allow bidders to efficiently, expeditiously, and cost-effectively
respond to the contracting opportunity.

14847. (a) In determining eligibility of a business for an award,
state agencies may consider all of the following:
(1) Whether the bidder has the necessary facilities,
organizational capability, experience, managerial and technical
competency and skills, and financial resources to fulfill the terms
of the contract.
(2) Whether the bidder has the capability to comply with the
required delivery or performance schedule, taking into consideration
other business commitments.
(3) Whether the bidder has a history of satisfactory or better
performance, as demonstrated by a results-oriented track record,
written performance evaluations, or other relevant information
obtained from references.
(b) State agencies may enter into contracts with multiple sources
when in the best interests of the state.
(c) The Department of General Services shall establish procedures
and guidelines for the implementation of this article.