AB 2454: Public contracts: protests: joint labor-management committee.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-05-19
Existing law generally requires public contracts to be awarded by competitive bidding pursuant to procedures set forth in the Public Contract Code, subject to certain exceptions. Existing law, whenever a contract for goods and services is not to be awarded to the lowest bidder, requires that the lowest bidder be notified 24 hours before the contract or purchase order is awarded to another bidder. Existing law, upon written request by any bidder, requires notice of the proposed award to be posted in a public place in the offices of the department at least 24 hours before the contract is awarded. Existing law, if a bidder files a specified protest with the department before the award is made, requires that the contract not be awarded until either the protest has been withdrawn or the department has made a final decision relative to the protest.
This bill would additionally authorize a joint labor-management committee, as defined, to submit a specified written protest to a contract that is not to be awarded to the lowest bidder. If, prior to making the award, a joint labor-management committee files a protest with the department against the awarding of the contract on the ground that the lowest responsible bidder does not meet the specifications set forth under the definition of responsible, the bill would require that the contract not be awarded until either the protest has been withdrawn or the department has made a final decision relative to the protest.
Existing law generally requires public contracts to be awarded by competitive bidding pursuant to procedures set forth in the Public Contract Code, subject to certain exceptions. Existing law, whenever a contract for goods and services is not to be awarded to the lowest bidder, requires that the lowest bidder be notified 24 hours before the contract or purchase order is awarded to another bidder. Existing law, upon written request by any bidder, requires notice of the proposed award to be posted in a public place in the offices of the department at least 24 hours before the contract is awarded. Existing law, if a bidder files a specified protest with the department before the award is made, requires that the contract not be awarded until either the protest has been withdrawn or the department has made a final decision relative to the protest.
This bill would additionally authorize a joint labor-management committee, as defined, to submit a specified protest to a contract that is not to be awarded to the lowest bidder. If, prior to making the award, a joint labor-management committee files a protest with the department against the awarding of the contract on the ground that the lowest responsible bidder does not meet the specifications set forth under the definition of responsible, the bill would require that the contract not be awarded until either the protest has been withdrawn or the department has made a final decision relative to the protest.
(a)Whenever a contract under this article is not to be awarded to the lowest bidder, the bidder shall be notified 24 hours prior to awarding the contract to another bidder.
(b)Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place specified in the solicitation document by the department, that may include an electronic location or internet website, at least 24 hours prior to awarding the contract.
(c)A joint labor-management committee may submit a protest, orally or in writing, written protest to a contract under this article that is not to be awarded to the lowest bidder.
(d)If prior to making the award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract on the ground that the bidder is the lowest responsible bidder meeting specifications, the contract shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest.
(e)If prior to making the award, a joint labor-management committee files a protest with the department against the awarding of the contract on the ground that the lowest responsible bidder does not meet the specifications set forth under the definition of responsible, the contract shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest.
(f)In computing the 24-hour periods provided for in this section, Saturdays, Sundays, and legal holidays shall be excluded.
(g)Within 10 days after filing a protest, the protesting bidder or joint labor-management committee shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support thereof.
(h)For purposes of this section, joint labor-management committee means a committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a).
(a)Whenever a contract under this article is not to be awarded to the lowest bidder, the bidder shall be notified 24 hours prior to awarding the contract to another bidder. Upon
(b)Upon written request by any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place specified in the solicitation document by the department, that may include an electronic location or Internet Web site, internet website, at least 24 hours prior to awarding the contract. If
(c)A joint labor-management committee may submit a protest, orally or in writing, to a contract under this article that is not to be awarded to the lowest bidder.
(d)If prior to making the award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract on the ground that he or she the bidder is the lowest responsible bidder meeting specifications, the contract shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. In
(e)If prior to making the award, a joint labor-management committee files a protest with the department against the awarding of the contract on the ground that the lowest responsible bidder does not meet the specifications set forth under the definition of responsible, the contract shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest.
(f)In computing the 24-hour periods provided for in this section, Saturdays, Sundays, and legal holidays shall be excluded.
(b)(g)Within 10 days after filing a protest, the protesting bidder or joint labor-management committee shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support thereof.
(h)For purposes of this section, joint labor-management committee means a committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a).
|
Date
|
Status
|
|---|---|
| Jun 23, 2022 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 8, 2022 | Referred to Com. on G.O. |
| May 26, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 7. Page 4974.) |
| May 23, 2022 | Read second time. Ordered to third reading. |
| May 19, 2022 | From committee: Amend, and do pass as amended. (Ayes 12. Noes 1.) (May 19). |
| May 19, 2022 | Joint Rule 62(a), file notice suspended. (Page 4736.) |
| May 18, 2022 | In committee: Set, first hearing. Referred to suspense file. |
| Apr 27, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 27). Re-referred to Com. on APPR. |
| Mar 10, 2022 | Referred to Com. on A. & A.R. |
| Feb 18, 2022 | From printer. May be heard in committee March 20. |
| Feb 17, 2022 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 25, 2022 | AB 2454 Jones-Sawyer Assembly Third Reading | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):