Article 12 - Minority Business Participation

California Public Contract Code — §§ 10470-10474

Sections (5)

Added by Stats. 1987, Ch. 1450, Sec. 8.5.

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

Added by Stats. 1987, Ch. 1450, Sec. 8.5.

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

Amended by Stats. 2009, 4th Ex. Sess., Ch. 19, Sec. 4. Effective July 28, 2009.

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

Added by Stats. 1987, Ch. 1450, Sec. 8.5.

(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

Added by Stats. 1987, Ch. 1450, Sec. 8.5.

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.