SECTIONS 10470-10474 - California Statutes

PUBLIC CONTRACT CODE

SECTION 10470-10474

10470. As used in this article, the following definitions shall
apply:
(a) "Awarding department" means any state agency, department,
governmental entity, or other officer of an entity empowered by law
to enter into contracts on behalf of the State of California.
(b) "Contract" includes any agreement or joint development
agreement to provide labor, services, materials, supplies, or
equipment in the performance of a contract, franchise, concession, or
lease granted, let, or awarded for and on behalf of the State of
California.
(c) "Contractor" means any person or persons, firm, partnership,
corporation, or combination thereof which submits a bid and enters
into a contract with a representative of a state agency, department,
governmental entity, or other officer empowered by law to enter into
contracts on behalf of the State of California.
(d) "Goal" means a numerically expressed objective which awarding
departments and contractors are required to make efforts to achieve.
(e) "Minority business enterprise" means a business concern which
is all of the following:
(1) At least 51 percent owned by one or more minorities, or in the
case of a publicly owned business, at least 51 percent of the stock
of which is owned by one or more minorities.
(2) Managed by, and the daily business operations are controlled
by, one or more minorities.
(3) A domestic corporation with its home office located in the
United States.
(f) "Women business enterprise" means a business concern which is
all of the following:
(1) At least 51 percent owned by a woman or, in the case of a
publicly owned business, at least 51 percent of the stock of which is
owned by one or more women.
(2) Managed by, and the daily business operations are controlled
by, one or more women.
(3) A domestic corporation with its home office located in the
United States.

10471. Notwithstanding any other provision of law, all contracts
awarded pursuant to Section 2910 of the Penal Code or Section 1753.3
of the Welfare and Institutions Code by any state agency, department,
officer, or governmental entity for construction, professional
services, materials, supplies, equipment, alteration, repair, or
improvement shall have statewide participation goals of not less than
15 percent for minority business enterprises, and not less than 5
percent for women business enterprises. These goals are also
applicable to the overall dollar amount expended each year by the
awarding department designated for those purposes.

10472. In awarding contracts to the lowest responsible bidder, the
awarding department shall consider the responsiveness of a bidder to
minority business enterprise and women business enterprise goals set
forth in Section 10471.

10473. (a) Each awarding department shall establish a method for
monitoring compliance with the minority business enterprise and women
business enterprise goals required in this article.
(b) Each awarding department shall adopt rules and regulations for
purposes of implementing this article. Emergency regulations
consistent with the requirements of this article may be adopted
without the review and approval of the Office of Administrative Law
if they are adopted within 90 days of the effective date of this
article.
(c) In implementing the requirements of this article, the awarding
department shall utilize existing resources such as the Office of
Small and Minority Business, the Minority Business Development
Agency, and the federal Small Business Administration.

10474. Commencing on January 1, 1989, and on January 1st of each
year thereafter, each awarding department shall submit a report to
the Legislature and the Governor on the level of participation by
minority or women business enterprises in contracts identified in
this article. If the established goals are not being met, the
awarding department shall report the reasons for its inability to
achieve these goals and shall identify remedial steps to be
undertaken.