2009 California Government Code - Section 8790.70-8790.77 :: Article 5. Minority And Women Business Participation Goals For State Contracts

8790.70.  Notwithstanding any other provision of law, all contracts
awarded by any state agency, department, officer, or other state
governmental entity pursuant to this chapter for construction,
professional services (except those subject to Article 6 (commencing
with Section 8790.80)), 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 apply
to the overall dollar amount expended each year by the awarding
department, as defined by Section 8790.71, pursuant to this chapter.

8790.71.  As used in this article, the following definitions apply:
   (a) "Awarding department" means any state agency, department,
governmental entity, or other officer or 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, material, 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 who 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) "Minority" means an ethnic person of color including American
Indians, Asians (including, but not limited to, Chinese, Japanese,
Koreans, Pacific Islanders, Samoans, and Southeast Asians), Blacks,
Filipinos, and Hispanics.
   (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, which is not a branch or subsidiary of a foreign
corporation, firm, or other business.
   (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.
   (g) "Goal" means a numerically expressed objective which awarding
departments and contractors are required to make efforts to achieve.

8790.72.  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 this article. If a bidder fails to show a good faith
effort, the awarding department shall award the contract to the next
lowest responsive and responsible bidder.

8790.73.  (a) The awarding department shall establish a method of
monitoring adherence to the goals specified in this article.
   (b) The awarding department shall adopt rules and regulations for
the purpose of implementing this article. Emergency regulations
consistent with this section may be adopted without review and
approval by the Office of Administrative Law if adopted within 90
days of the effective date of this article.

8790.74.  In implementing 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
Small Business Administration.

8790.75.  Beginning July 1, 1988, and on January 1, 1989, and on
January 1 of each year thereafter, each awarding department shall
report to the Governor and the Legislature on the level of
participation by minority and women business enterprises in contracts
as identified in this article. If the established goals are not
being met, the awarding department shall report the reasons for its
inability to achieve the standards and identify remedial steps it
shall take.

8790.76.  Notwithstanding any other provision of this article, the
failure of an awarding department to meet the goals established under
this article shall not affect the validity or enforceability of any
contract or any bonds, notes, or other obligations issued by the
awarding department to provide for the payment of any contract
subject to this article.

8790.77.  If another statute, which is chaptered and takes effect
after this article, establishes minority and women business
enterprise participation goals which are generally applicable to
state contracts but are different than the goals established under
this article, those goals of the subsequently enacted statute shall
supersede the goals established under this article.