Purpose

This document is an attachment to the email broadcast dated November 12, 2004 to:

·   Procurement and Contracting Officials (PCOs)

·   Purchasing Authority Contacts (PACs)

The purpose of this email is to relate important information and to identify reports  impacted by the enactment of AB 79 (Dutra), effective September 9, 2004. 

Some reports are suspended for several years due to a moratorium, while others are still required.  This email clarifies the requirements for various reports.

About Assembly Bill (AB) 79, Dutra

AB 79, Dutra, places several reports under a moratorium effective September 9, 2004 through January 1, 2008. 

What is a moratorium and what is the effect on state reports?

A moratorium is a temporary suspension of a requirement.  The AB 79 moratorium period is September 9, 2004, through January 1, 2008.

For AB 79, certain reports required by various statutes that are required to be submitted to the Legislature, the Governor, or any state legislative or executive body are no longer required but are optional.   Optional means that Agencies, may continue to prepare and submit the reports that are no longer required if they choose to do so.

AB 79 identifies several specified conditions and specific reports that are not suspended for the moratorium period.  Those reports continue to be required.

Agency, defined

For purposes of AB 79, "agency" is defined as any state or local agency or district, including a school district, the University of California, the California State University, and the California Community Colleges.

What reports remain in effect?

AB 79 does not relieve agencies from reporting if the report:

·   is specified as required by a court order, federal law or federal regulation;

·   is required in the annual Budget Act; or,

·   is required to be prepared pursuant to specific provisions of law.

What reports apply to the moratorium? 

The following departmental reporting to DGS/PD and the resulting compiled reports have been placed under this moratorium as follows: 

1.       Level of Participation of Business Enterprises (PCC 10116) - Required annual reporting of race, ethnicity and gender business participation by each awarding state agency/department to report to the Governor and the Legislature.  

2.       Level of Participation by Minority, Women, and DVBEs (GC 11139.8) - Required annual reporting of minority, women, and disabled veteran business enterprises business participation by each awarding state agency/department to the governor and the Legislature. Note: DVBE reporting is still required under other statutes (see below).

3.       Pharmaceutical Purchases (GC 14981) - Required departments to report annual expenditures for pharmaceutical purchases. 

4.       Recycled Product Purchases (PCC 12225) - Required departments to report purchasing activities and dollars spent in 12 reportable categories for recycled content products.  .

5.       Alternative Protest Pilot Project (PCC 12129) - Required departments to submit information electronically regarding transactions applicable to the pilot project.  Next report is due within 90 days of termination of pilot program.

6.       State Government Records Management (GC 14760) - Report is submitted to the Governor through the State and Consumer Services Agency and describes the status and progress of Records Management programs including recommendations for improvements in the management of records in state government. 

What reports must still be submitted?

All other reports to the DGS/PD not specifically identified above, continue to be required.  These are:

·   Small Business Participation

·   Disabled Veteran Business Enterprise Participation

·   Consulting Services Report

·   Late Payment Penalty information (requested annually)

Additional information

For more information about reporting requirements, refer to Procurement Authority Manual (PAM) Chapter 12 (Reporting Requirements).  You will find the PAM at www.pd.dgs.ca.gov/deleg/pamanual.htm .