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AB 1072 (Reyes) — Assembly Committee on Jobs, Economic Development, and the Economy (April 27, 2021)

Summary

Analysis of AB 1072 (Reyes) for the April 27, 2021 hearing of the Assembly Committee on Jobs, Economic Development, and the Economy, Sabrina Cervantes, Chair. The subject is small businesses: technical assistance: public contracts. It states that the bill reinforces the ability of the DGS Office of Small Business and DVBE Services to work with awarding departments on certification and targeted outreach for upcoming disaster-related contracts, and transfers the Small Business Technical Assistance Expansion Program (TAEP) from the Governor's Office of Business and Economic Development (GO-Biz) to the Office of the Small Business Advocate. Registered support lists the California Association of Orthodontists; opposition is None on File.

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“AB 1072 (Reyes) — Assembly Committee on Jobs, Economic Development, and the Economy (April 27, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-04-27-ab-1072-jede-analysis-e158a17d14/, SHA-256 2824ebdd1523d8c4a07a9c7fa4be235b14d671b1f953f9308994465161a31c88.

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                                                                                                  AB 1072
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Date of Hearing: April 27, 2021

   ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT, AND THE ECONOMY
                             Sabrina Cervantes, Chair
                   AB 1072 (Reyes) – As Amended April 20, 2021

SUBJECT: Small businesses: technical assistance: public contracts

POLICY FRAME: Small businesses play an essential role within the California economy, contributing
the most net new jobs, offering an alternative to underemployment, and helping to disburse the financial
advantages of the state’s globally connected economy. State procurement opportunities, $10.5 billion in
2018-19, represent an important economic tool to support small business development.

While 26% more state dollars were expended through state contracts during 2018-19, for the first time in
six years, the state did not met the 25% small business goal and barely meet the 3% participation goal for
disabled veteran business enterprises (DVBEs). One of the reasons cited for these lower small business
and DVBE participation rate was the increase in procurement related to disaster response.

During the COVID-19 pandemic and raging fires of the summer, disaster related procurements have only
increased the removal of millions of dollars from one of the state’s largest small business development
programs – The Small Business and DVBE Procurement Participation Program.

AB 1072 enhances the ability of the Department of General Services (DGS) to work with awarding
departments on more effective outreach activities for upcoming disaster-related contracts, as well as other
state contracts.

The analysis includes information on the California Small Business Procurement Act, the Small Business
Technical Assistance Expansion Program (SB TAEP), challenges of linking small businesses and DVBE
in state contracting opportunities, and related state audits. There is no known opposition to this bill.

SUMMARY: AB 1072 reinforces the ability of the DGS Office of Small Business and DVBE Services
to work with awarding departments on certification of small businesses and DVBEs and targeted outreach
for upcoming disaster-related contracts. The bill also creates a more decisive programmatic relationship
between the state’s small business procurement advocates and the statewide network of 80+ small
business technical assistance centers which participate in the SB TAEP. Specifically, this bill:

1) Links Procurement Advocates and Technical Assistance Programs: Requires DGS to assist state
   agencies, in collaboration with the California Disabled Veteran Enterprise Program Advocate and the
   Small Business Advocate in improving small business and disabled business enterprise procurement
   participation. This includes conducting outreach and providing technical assistance to small
   businesses seeking certification to be eligible for additional small business assistance, as specified.

2) Aligns TA Authority and Responsibility: Transfers the Small Business Technical Assistance
   Expansion Program (TAEP) program from the Governor’s Office of Business and Economic
   Development (GO-Biz) to the Office of the Small Business Advocate, which is a division within GO-
   Biz.

3) Expands Priority Populations to Confirm with Federal-State Procurement Rules: Adds
   “disadvantaged business enterprise” to the priority list of entities being served by the TAEP program.
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4) Highlights Types of Services Funded: Requires state TAEP funds to be used to support a range of
   programs and services delivered through one or more small business technical assistance centers,
   including, but not limited to, business start-ups, business restructuring, business expansion and
   retention, accessing capital, participating in government procurement opportunities, becoming and
   maintaining competitiveness in foreign markets, regulatory compliance, and emergency preparedness.

5) Clarifies the Authority to Address Emergencies: Authorizes state TAEP funds to be utilized to
   support emergent small business technical assistance activities, such as those that are created in
   response to natural disasters and other state of emergencies, economic crises, and new economic
   market sectors and factors, such as cyber and technology modalities.

6) Authorizes Payment of Outreach and Marketing Costs: Authorizes state TAEP funds to be
   applied to costs related to activities that will effectively expand small business technical assistance to
   priority businesses, including, but not limited to, marketing, travel, and administrative costs, but limits
   those costs to five percent of the grant.

7) Stabilizes Program Delivery through Pandemic Recovery: Extends the sunset on the TAEP
   program from January 1, 2024 to January 1, 2027.

8) Makes other technical and conforming changes.

EXISTING LAW:

1) Designates the DGS as the administrator of the state Small Business Procurement and Contract Act,
   which includes certifying and implementing targeted preference programs for certified small
   businesses, microbusinesses, and DVBEs.

2) Establishes GO-Biz within the Governor’s Office for the purpose of serving as the lead state entity for
   economic strategy and marketing of California on issues relating to business development, private
   sector investment, and economic growth. In this capacity, the office is authorized to undertake a
   range of activities, which includes, but is not limited to:
   a) Recommending to the Governor and the Legislature new state policies, programs, and actions, or
      amendments to existing programs and respond to emerging economic problems and opportunities.
   b) Coordinating the development of policies and criteria to ensure that federal grants administered or
      directly expended by state government advance statewide economic goals and objectives.
   c) Providing key data to support economic development activities in California, including, but not
      limited to:
       i) Economic and demographic data.
       ii) Financial information to help link businesses with state and local public and private programs.
       iii) Workforce information, including, but not limited to, labor availability, training, and education
            programs.
       iv) Information on tax credits and other incentives.
       v) Permitting, siting, and other regulatory information pertinent to business operations in the
          state.
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   d) Establishing an administrative structure that effectively supports the facilitation of business
      development and investment in the state.
   e) Encouraging collaboration among research institutions, startup companies, local governments,
      venture capitalists, and economic development agencies to promote innovation.
   f) In cooperating with the federal government, foster relationships with overseas entities to improve
      the state’s image as a destination for business investment and expansion.
   g) Conducting research on the state’s business climate, including, but not limited to, research on how
      the state can remain on the leading edge of innovation and emerging sectors.
   h) Supporting small businesses by providing information about accessing capital, complying with
      regulations, and supporting state initiatives that support small business.

3) Establishes SB TAEP for the purpose of providing technical assistance to small businesses through
   partnership agreements with one or more federally designated small business technical assistance
   centers.
   a) Defines a “federal small business technical assistance center” to include, but not be limited to,
      small business development centers, women’s business centers, veterans business outreach
      centers, manufacturing extension partnership centers, minority business development business
      centers, and procurement technical assistance centers that operate in California under federal
      contracts.
   b) Specifies, as a condition of SB TAEP funding, that each small business technical assistance center
      agrees to submit an annual report, which includes, at a minimum, the number of businesses
      assisted, the amount of funds awarded, the size of businesses assisted, the city and county in which
      the businesses assisted are located, and the industry sectors of the businesses assisted, as reported
      by the assisted businesses.
   c) Requires a preference be given to SB TAEP applications that propose new or enhanced services to
      underserved business groups, including women-, minority-, and veteran-owned businesses, and
      businesses in low-wealth, rural, and disaster-impacted communities included in a state or federal
      emergency declaration or proclamation.
   d) Sunsets the SB TAEP on January 1, 2024.

4) Requires the DGS Small Business Advocate, using existing resources to, 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:
       i) Identification of potential certified small business and certified disabled veteran business
            enterprise subcontractors and potential subcontracting opportunities.
       ii) Solicitation protest procedures and timelines.
       iii) Prompt payment procedures.

   b) 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.
       i) 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
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           services to governmental agencies through their participation in the California multiple award
           schedule program and other types of contracts established by state agencies for repetitively
           used and commonly needed goods and services.
       ii) 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.

   c) 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.
   d) 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.
   e) Prepare, and make available to the public, a directory of certified small business and certified
      disabled veteran business enterprise suppliers.
   f) 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.

5) Defines a “small business” as independently owned, not dominant in its field of operation, domiciled
   in California, having a principle office in California, employing 100 or fewer employees, and having
   average annual gross receipts of $15 million or less over the previous three years.
   a) Defines a small business for the purpose of a competitively bid public works contract and
      engineering contract, as defined, to mean an independently owned and operated business that is
      not dominant in its field of operation, the principal office of which is located in California, the
      officers of which are domiciled in California, and which, together with affiliates, has 200 or fewer
      employees, and average annual gross receipts of $36,000,000 or less over the previous three years.
   b) Defines a small business “manufacturer” as a small business (refer to definition above) that is also
      primarily engaged in the chemical or mechanical transformation of raw materials or processed
      substances into new products and is classified within the 31000 to 33000 codes of the North
      American Industry Classification System.
   c) Defines a “microbusiness” as a small business (refer to definition above) that has average annual
      gross receipts of $5 million or less during the previous three years or is a manufacturer with 25 or
      fewer employees.

6) Defines a DVBE as a business certified as being a sole proprietorship, corporation, or partnership with
   its home office located in the U.S. and which is not a branch or subsidiary of a foreign corporation,
   foreign firm, or other foreign-based business. In addition, a DVBE meets all of the following:
   a) The disabled veteran is a veteran of the military, naval, or air service of the U.S., including, but
      not limited to, the Philippine Commonwealth Army, Regular Scouts, “Old Scouts,” Special
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       Philippine Scouts, “New Scouts,” and those who have at least a 10% service-connected disability
       and are domiciled in the state.
   b) The management and control of the daily business operations are by one or more disabled
      veterans. The disabled veterans who exercise management and control are not required to be the
      same disabled veterans as the owners of the business.
   c) The DVBE’s ownership of the business meets the following criteria:
       i) If the DVBE is a sole proprietorship, it is at least 51% owned by one or more disabled
          veterans.
       ii) If the DVBE is a publicly owned business, at least 51% of its stock is unconditionally owned
           by one or more disabled veterans.
       iii) If the DVBE is a subsidiary, it is wholly owned by a parent corporation, but only if at least
            51% of the voting stock of the parent corporation is unconditionally owned by one or more
            disabled veterans.
       iv) If the DVBE is a joint venture, it is an entity in which at least 51% of the joint venture’s
           management, control, and earnings are held by one or more disabled veterans.

FISCAL EFFECT: Unknown

COMMENTS & CONTEXT:

1) Small Business Procurement and Contract Act: California has a 40-year history of utilizing state
   contracting to support business development within targeted business populations. Statute sets an
   annual 3% DVBE procurement participation goal, and a 2006 executive order sets a 25% small
   businesses and microbusinesses participation goal for state agencies, departments, boards, and
   commissions.

   While encouraging small business participation furthers the state’s interest in having a robust small
   business sector, the Small Business Procurement and Contract Act also establishes the policy
   foundation for DVBE contract participation. The DVBE procurement program is intended to both
   recognize the sacrifices of California’s disabled military veterans, as well as address the specific needs
   of disabled veterans seeking rehabilitation and training through entrepreneurship.

   To assist state agencies in reaching these targeted procurement participation goals, state law
   authorizes:
      A procurement preference of 5% for bids using a certified small business as a prime or
       subcontractor;
      A streamlined alternative procurement process for smaller size contracts (between $5,000 and
       $250,000), known as the Small Business/DVBE Option, whereby an awarding department can
       contract directly with a certified small business or DVBE after comparing the bid against two
       other similar businesses.
      A DVBE incentive that allows an awarding department to set an incentive percentage between 1%
       and 5% for a particular transaction.
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   In the state’s experience, a majority of DVBEs are smaller size firms, with 86% having dual
   certifications, including 56.5% of all DVBE’s also holding microbusiness certificates, 25.6% having a
   small business certification, and 0.6% having a small business public works certification. The
   remaining 14% of DVBEs operate with only a single DVBE certification.

   DGS has a range of responsibilities relating to the implementation of the Small Business and DVBE
   program, including:
       Certification of DVBEs (866 new and renewed DVBEs certified in 2019-20 which brings the total
        of certified DVBEs in 2019-20 to 1,795);
       Certification of small businesses and microbusinesses (8,278 new and renewed certifications
        bringing the total number of certified small businesses and microbusinesses in 2019-20 to 17,374);
       Outreach to the potential small business and DVBE bidders (142 events, including 114 events to
        the veteran community in 2019-20);
       Marketing of the DVBE program to state agencies;
       Partnering with CalVet on meetings with departments that are not meeting participation goals;
       Consulting with the California Procurement Contracting Academy on the DVBE training of state
        contracting staff;
       Preparation of an annual consolidated report on DVBEs, small businesses, and microbusinesses
        participation within state contracting activities; and
       Program oversight to identify abuses by bidders and failures to perform by state departments and
        agencies.

2) Tracking Small Business and DVBE Procurement: Given the importance of small businesses to
   California's economy, these procurement preferences play a key role in distributing state expenditures
   throughout the state, and among a variety of business types. The charts below (Charts 1 and 2)
   display small business and DVBE procurement participation for the most recent four fiscal years for
   which data is available.

                      Chart 1 – Small Business and Microbusiness Contracting Activity of
                                   Mandated Reporters (dollars in millions)
                                            Total Small
                         Total Contract    Business and
       Fiscal Year                                                Total Percent          Total Number of Contracts
                            Dollars        Microbusiness
                                          Contract Dollars
       2018-19              $10,531           $2,168                 20.58%                         96,345
       2017-18               $8,361           $2,720                 32.50%                        110,864
       2016-17               $6,329           $1,683                 26.60%                        117,624
       2015-16               $5,855           $2,112                 36.08%                        116,169
       2014-15               $8,117           $2,079                 25.61%                        482,707
       2013-14               $7,101           $2,013                 28.35%                         90,784
       2012-13               $7,616           $1,801                 23.66%                        105,617
       2011-12               $7,399           $1,796                 24.28%                        165,523
                                            Source: DGS Statewide Consolidated Annual Reports for the contracting periods
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            Chart 2 – DVBE Five-Year Contracting Activity of Mandated Reporters (dollars in millions)
                          Total Contract     Total DVBE            Total DVBE
       Fiscal Year                                                                          Total DVBE Contracts
                             Dollars           Dollars               Percent
       2018-19               $10,531            $340                   3.23%                         23,782
       2017-18               $8,314             $387                    4.7%                         19,174
       2016-17               $6,329             $259                    4.1%                         19,823
       2015-16               $5,855             $274                    4.6%                         18,638
       2014-15               $8,105             $314                    3.8%                         16,192
       2013-14               $6,566             $241                    3.6%                         12,777
       2012-13               $7,151             $216                    3.0%                         14,907
       2011-12               $7,173             $340                    4.7%                         16,246
                                             Source: DGS Statewide Consolidated Annual Reports for the contracting periods


   Based on the data displayed above, the state appears to be have consistently met its 25% small
   business (except in 2018-19) and 3% DVBE procurement participation goals. This is, however, only
   part of a program assessment and these numbers may be misleading. Although DGS works diligently
   to gather and aggregate this information, the data is not consistently reported by state agencies, nor do
   all of the agencies report annually. As an example, in 2012-13, only 79% of the mandatory reporting
   entities reported their contracting activity to DGS.

   The data is further compromised by the lack of follow-up by awarding departments to ensure that
   small business and DVBE procurement participation commitments have been kept or that these
   subcontractors were paid. A state audit of the DVBE Program, released in 2019, suggests that very
   few state agencies have implemented practices to monitor and report DVBE procurement participation
   violations for follow-up by DGS.

   State departments that fail to meet the annual 3% or 25% goal can have their delegated contracting
   authority removed, although DGS has never removed program authority solely based on an agency’s
   or department’s failure to meet its Small Business or DVBE contracting goal.

3) COVID-19 Procurement Opportunities: Procurement reporting for the period of COVID-19
   pandemic is difficult to track. Being under a state of emergency, allows state agencies to use
   alternative contracting protocols. Many small business groups have expressed concern over the lack
   of access to new procurement opportunities.

   There is good evidence that small business and DVBE participation in 2019-20 and 2020-21
   procurement periods will not meet the 25% and possibly the 3% goal. DGS reported in its most recent
   report (2018-19) that the “primary reason departments gave for not meeting the SB or DVBE
   participation goals was the large number of emergency contracts related to the 2018 wildfires, such as
   the Camp Fire.”

   The DGS Office of the Small Business and DVBE Procurement has taken a number of steps to
   address the impact of large emergency/disaster related contracts on small businesses and DVBEs. A
   few highlights from their 2018-19 a consolidated report are provided below:
       New Register of Certified Firms for Emergency-related Contracts: Working with departments
        that make large disaster-related contracts, DGS identified approximately 32 activity/supplies
        categories for which small businesses and DVBEs will be able to register. Categories include but
        are not limited to: debris removal, energy generators, equipment rentals, rescue supplies, medical
        supplies, respiratory products, sanitation, food and fuel.
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      Leveraged Procurement Agreements for Emergency Purchases. DGS finalized and expanded
       the Master Service Agreement (MSA) and California Multiple Award Schedule contracting
       opportunities for emergency procurement. This included the debris removal MSA.
      Targeted Outreach for Emergency Purchases. DGS is encouraging, and in some cases requiring,
       departments to reach out to DGS when conducting emergency procurements. DGS has committed
       to assisting awarding departments with identifying certified small businesses and DVBEs to meet
       their needs.

   DGS believes that these changes will begin to show improvements in the 2021-22 contract activities.
   Implementation of AB 1072 would enhance these activities by reinforcing the role of the DGS Small
   Business Advocate to work with awarding departments on certification of small businesses and
   DVBEs and targeted outreach for upcoming disaster-related contracts. The bill would also add new
   external partners by linking in the 80+ small business technical assistance centers which participate in
   the SB TAEP.

4) 2019 DVBE Program Audit: AB 1072 addresses a key challenge to the state’s targeted procurement
   participation program – the need to expand the number of small businesses and DVBE that participate
   in state contracting. The proposals in the bill align with recommendations from the 2014 and 2019
   reports by the State Auditor on the DVBE Program. Below is a synopsis of those audits.

   In 2017-18, the Joint Legislative Audit Committee approved a program review of the DVBE program.
   As part of the State Auditor’s review, six awarding departments were visited in order to evaluate the
   documentation used to support their reported DVBE participation data and to better understand why
   relatively few DVBE firms are contracting with the state. The State Auditor made similar findings as
   were made in a 2014 audit, including that “[n]one of the six awarding departments we reviewed could
   fully support the value of DVBE contracting activity they reported to General Services during fiscal
   year 2017–18.” In addition, the audit issued the following findings:
   a) The DVBE program continues to benefit a small percentage of certified DVBEs. In 2017-18, only
      133 (8%) of state awards went to certified DVBE prime contractors and 30 of those firms received
      89% of the revenues.
   b) The state continues to lack accurate data to measure the program’s success.
   c) Awarding departments, in explaining why so few DVBEs benefit from state contracting
      opportunities, stated that they have difficulties in finding qualified DVBE firms to meet their
      specific needs and that DGS’s electronic procurement system is overly complex.
   d) Neither DGS nor CalVet has adequately overseen the DVBE program. Key deficiencies included
      the failure of both entities in the establishment of methods and metrics for regularly evaluating the
      effectiveness of outreach efforts in bringing more DVBEs into the program or addressing specific
      needs of awarding departments, as well as DGS’s insufficient guidance to awarding departments
      on how to identify and investigate program abuse.
   e) CalVet does not have the necessary staffing nor access to the necessary data to fully assist
      underachieving awarding departments in meeting the 3% DVBE procurement participation goal.

   Several bills were introduced last session to address the 2019 audit findings. Three of the bills were
   singed, AB 230 (Brough), AB 1365 (Assembly Veterans Affairs Committee) and SB 588 (Archuleta).
   AB 1809 (Cervantes) was held in Senate Appropriations. This session both AB 1072 and AB 1574
   were introduced to further this work. These and other related bills are described in Comment 6.
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5) 2019 Audit Recommendations: The State Auditor’s review of the 2017-18 DVBE Program included
   a number of recommendations for increasing the number of individuals businesses that participate in
   state procurement activities, which includes proactively helping awarding departments identify
   potential DVBEs to fill potentially difficult to fill contracting opportunities. A selection of the related
   recommendations from the State Auditor’s 2017-2018 review of the DVBE program are listed below.
   Please note that 85% of DVBE’s (most recent data from February 2019) hold dual certifications as a
   small business or microbusiness.
   a) For the Department of Veterans Affairs: To ensure that its outreach efforts are effective and
      result in a greater number of DVBE firms available that can provide the necessary goods and
      services awarding departments are seeking, CalVet should:
     i)     Assess, at least annually, the effectiveness of its past outreach efforts in increasing the number
            of DVBE firms that become certified.
     ii)    Work with awarding departments to identify the types of goods and services for which they
            struggle to find a DVBE contractor or subcontractor.
     iii)   Develop an outreach plan to include outreach activities found to be effective in the past based
            on its assessment.
     iv)    Develop better tracking of the businesses owned by disabled veterans that attend its outreach
            events and review certification data to determine whether these businesses obtained their
            certifications.
     v)     Conduct periodic surveys of businesses owned by disabled veterans that attended its outreach
            events but chose not to become DVBE certified to determine the reasons for not applying for
            the certification. The department should use this information to improve its outreach and any
            other areas of the program.
     vi)    Develop and follow policies and procedures to identify and assist awarding departments that
            fail to meet, or are at risk of not meeting, the 3% DVBE participation goal, until the
            Legislature amends the law to transfer its responsibility for assisting underachieving
            departments to General Services.
   b) For DGS: To ensure that its outreach efforts are effective and result in a greater number of DVBE
      firms available that can provide the necessary goods and services awarding departments are
      seeking, DGS should:
     i)     Assess, at least annually, the effectiveness of its past outreach efforts in increasing the number
            of DVBE firms that become certified.
     ii)    Work with awarding departments to understand why only a few DVBE firms receive a large
            number of contract awards and take steps to remedy this situation.
     iii)   Work with awarding departments to identify the types of goods and services for which they
            struggle to find a DVBE contractor or subcontractor.

     iv)    Develop an outreach plan to include outreach activities found to be effective in the past based
            on its assessment.
     v)     Develop and implement a plan to encourage DVBE firms to participate in leveraged
            procurement agreements.
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     vi)   Develop better tracking of the businesses owned by disabled veterans that attend its outreach
           events and review certification data to determine whether these businesses obtained their
           certifications.
     vii) Conduct periodic surveys of businesses owned by disabled veterans that attended its outreach
          events but chose not to become DVBE certified to determine the reasons for not applying for
          the certification. This information should be used to improve outreach activities and other
          areas of the program.
     viii) To ensure that awarding departments can effectively identify DVBE firms that provide needed
           products and services, DGS should:

           (1) Work with these departments to continue to narrow the codes available to those commonly
               used by awarding departments to more precisely identify what the state purchases and
               streamline search criteria in Cal eProcure.
           (2) Explore other options for making the Cal eProcure search engine more effective for
               awarding departments.
           (3) Ensure that by October 2019, departments identify their contracting needs and then post
               these needs prominently on their websites as a resource for DVBE firms.
           (4) Continue to provide outreach services to DVBE firms on how to create effective keywords
               and choose appropriate codes.

6) Related Legislation: Below is a list of bills from the current and prior sessions.
   a) AB 31 (Price) Public Contracts: Small Business Procurement and Contract Act: This bill
      increases the maximum contract threshold amount for awards to small businesses (SME),
      including microbusinesses, and DVBEs under the state’s streamlined procurement process, from
      $100,000 to $250,000, as specified. This bill requires contractors to report the contract amount
      allocated to SMEs and DVBEs with which they made contract commitments. Status: Signed by
      the Governor, Chapter 212, Statutes of 2009.
   b) AB 309 (Price) Public Contracts: Small Business Participation: This bill would have required
      the establishment of a 25% small business participation goal for all state entities and directed DGS
      to monitor each agency’s progress in meeting this goal. The bill would have required that the
      Office of the Small Business Advocate receive the same progress report information as state
      entities and directed DGS and the Office of the Small Business Advocate to work collaboratively
      to assist state entities in meeting their goals. This goal is currently provided for in Executive
      Order (EO) D-37-01 and EO S-02-06. Status: Held on the Suspense File of the Assembly
      Committee on Appropriations, 2010.
   c) AB 550 (Brown) State Procurement Procedures for Small Businesses: This bill would have
      required the establishment of a 25% small business participation goal for all state entities and
      directed DGS to monitor each agency’s progress in meeting this goal. The bill would have
      required that the Office of the Small Business Advocate receive the same progress report
      information as state entities and directed DGS and the Office of the Small Business Advocate to
      work collaboratively to assist state entities in meeting their goal. This goal is currently provided
      for in Executive Order (EO) D-37-01 and EO S-02-06. Status: Held on the Suspense File of the
      Assembly Committee on Appropriations, 2013.
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d) AB 657 (Cunningham) State Government Small Business Liaisons: This bill requires certain
   state agencies to prominently display the name and contact information of the small business
   liaison on the agencies’ websites and to notify the Governor’s Office of Business and Economic
   Development and the Department of General Services of liaison position vacancies, as specified.
   Status: Signed by the Governor, Chapter 81, Statutes of 2017.
e) AB 1365 (Quirk-Silva and Reyes) Small Business Procurement Goal: This bill would have
   expressed the Legislature’s intent that all California government agencies should have a 25% goal
   for small business participation in state procurement and contracting activities. Status: Held on
   the Suspense File of the Assembly Committee on Appropriations, 2018.
f) AB 1734 (Jones-Sawyer) Public Contracts: Small Business Participation: Disabled Veterans:
   This bill would have required each state agency to establish and achieve a 25% small business
   participation goal and increased the annual procurement participation goal for disabled veteran
   business enterprise from 3% to 5% of the value of state contracts. In addition, the bill required
   greater reporting and accountability of DVBE program information. Status: Held on the Suspense
   File in the Assembly Committee on Appropriations, 2014.
g) AB 1554 (Reyes and Quirk-Silva) Reporting of Small Business and DVBE Procurement
   Participation: As passed by this committee, the bill would have required a state department to
   annually report small business and DVBE participation based on prime and subprime contracts
   beginning with the 2018-19 contract period. Status: Gutted and used for a different policy
   purpose. Signed by the Governor, Chapter 380, Statutes of 2018.
h) AB 1635 (Quirk-Silva) Public Contracts and Small Business Participation: This bill would have
   required specified state agencies to establish and achieve a 25% small business participation goal
   within their annual state contracting and permitting activities. The bill would have also required
   DGS and the state Small Business Advocate to take reasonable steps to assist state agencies in
   meeting this goal. The Assembly Committee on Jobs, Economic Development, and the Economy
   was the sponsor of this bill. Status: Held in the Assembly Committee on Appropriations, 2017.
i) AB 1809 (Cervantes) DVBE Accountability: This bill would have modified the role of the
   Department of Veterans Affairs Small Business Advocate, by enhancing enforcement of
   commercially useful function violations, and tightens the existing monitoring and accountability
   requirements for state procurement activities related to the DVBE targeted procurement program.
   Status: Held in the Senate Committee on Appropriations, 2020.
j) AB 2249 (Ruskin) DVBE Documentation: This bill requires applicants for small business or
   DVBE certification to submit a written declaration, under penalty of perjury, that the information
   submitted to DGS is true and correct. The bill also authorizes DGS, if it determines that just cause
   exists, to require the owner of a DVBE or small business to submit the Internal Revenue Service
   Form 4506-T which would allow DGS to obtain a copy of their tax return. Finally, the bill
   requires that at least 51% of the stock or voting stock of a disabled veteran business enterprise be
   unconditionally owned by disabled veterans. Status: Signed by the Governor, Chapter 383,
   Statutes of 2010.
k) AB 2682 (Wagner) Responsible Small Business and DVBE Contractors: This bill would have
   required a state agency that solicits offers, awards a contract, or consents to subcontracts, under
   the Small Business Procurement and Contract Act, to do so only with responsible and reliable
   parties. This bill would have prohibited a state agency from allowing a party to participate in any
   procurement activity if the party had been suspended, debarred, or otherwise excluded from
                                                                                                 AB 1072
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       participation in a state contract. Status: Died in the Assembly Committee on Accountability and
       Administrative Review, 2014.
   l) AB 2905 (Assembly Committee on Jobs) Small Business Procurement Goal: This bill would
      have expressed the Legislature’s intent that all California government agencies should have a 25%
      goal for small business participation in state procurement and contracting activities. To assist in
      furthering the state goal, the bill would have required each state department to disclose its small
      business participation goal when making its annual procurement report. Status: Held on the
      Suspense File of the Assembly Committee on Appropriations, 2016.
   m) SB 67 (Price) Small Business Participation in Public Contracts: This bill would have authorized
      DGS to direct all state entities to establish an annual goal of achieving no less than 25% small
      business participation in state procurement contracts, as specified. This goal is currently provided
      for in Executive Order (EO) D-37-01 and EO S-02-06. Status: Held on the Suspense File of the
      Assembly Committee on Appropriations, 2011.
   n) SB 430 (Borgeas) California Small Business Regulatory Fairness Act: This bill would have
      required a state agency, as defined, to assist small businesses in complying with statutes and
      regulations and to establish a policy that sets the parameters under which the agency can reduce or
      waive certain civil penalties conferred on a small business, as defined. Status: Held in the Senate
      Committee on Appropriations.
   o) SB 839 (Correa) Reporting on Procurement Activities with DVBEs: This bill would have
      modified reporting requirements for state departments with respect to DVBEs, including contracts
      where the DVBE acted as the prime and as a subcontractor. Status: Held on the Suspense File of
      the Senate Committee on Appropriations, 2014.
   p) SB 941 (Florez) DVBE Contracting Advocates: This bill requires the Department of Veterans
      Affairs and awarding departments to appoint DVBE advocates to assist in meeting DVBE
      procurement participation goals. Status: Signed by the Governor, Chapter 666, Statutes of 2002.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Orthodontists

Opposition

None on File

Analysis Prepared by: Toni Symonds / J., E.D., & E. / (916) 319-2090


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