State contracts: goods: loss leader.

(1) Existing law requires the Department of General Services to make available a report on contracting activity containing specified information, as provided. This bill would expand the reporting requirements of the Department of General Services in the years 2011 and 2012, to include any errors reported to the Department of General Services, as specified. (2) Existing law governs contracting between state agencies and private contractors, and sets forth requirements for the procurement of materials, supplies, equipment, and services, and the acquisition of information technology goods and services by state agencies. Under existing law, it is unlawful for any person engaged in business with this state to sell or use any article or product as a "loss leader," as defined. This bill would require a statement of this latter provision to be specified in a solicitation for a state contract for goods, a request for proposal for a contract for services that involves the furnishing of equipment, materials, or supplies and a request for proposal for a state contract for the acquisition of information technology goods and services. This bill would require an awarding agency, on and after March 31, 2010, and until December 31, 2011, if this statement is not contained in a solicitation or request for proposal, to report this error to the Department of General Services. This bill would require the Department of General Services to post in the State Contracting Manual instructions for including this statement in all affected contracts. This bill would provide that this statement shall be deemed to part of a solicitation or request for proposal even if the statement is inadvertently omitted from the solicitation or request for proposal. (3) Existing law encourages state agencies that enter into contracts to establish goals to facilitate the participation of small businesses and disabled veteran business enterprises. This bill would make technical, nonsubstantive changes to those provisions.