10115
. (a) The Legislature finds and declares all of the following:
(1) The essence of the American economic system of private
enterprise is free competition. Only through full and free
competition can free markets, reasonable and just prices, free entry
into business, and opportunities for the expression and growth of
personal initiative and individual judgment be assured. The
preservation and expansion of that competition is basic to the
economic well-being of this state and that well-being cannot be
realized unless the actual and potential capacity of minority, women,
and disabled veteran business enterprises is encouraged and
developed. Therefore, it is the declared policy of the state to aid
the interests of minority, women, and disabled veteran business
enterprises in order to preserve reasonable and just prices and a
free competitive enterprise, to ensure that a fair proportion of the
total number of contracts or subcontracts for commodities, supplies,
technology, property, and services are awarded to minority, women,
and disabled veteran business enterprises, and to maintain and
strengthen the overall economy of the state.
(2) The opportunity for full participation in our free enterprise
system by minority, women, and disabled veteran business enterprises
is essential if this state is to attain social and economic equality
for those businesses and improve the functioning of the state
economy.
(3) State agencies which have established short- and long-range
minority, women, and disabled veteran participation goals are
awarding 23 percent or more of their contracts to these business
enterprises.
(4) It is in the state's interest to expeditiously improve the
economically disadvantaged position of minority, women, and disabled
veteran business enterprises.
(5) The economic position of these businesses can be improved by
providing long-range substantial goals for procurement by state
agencies of commodities, professional services, and construction work
from minority, women, and disabled veteran businesses.
(6) Procurement by state agencies of goods and services from these
businesses also benefits the state agencies and the citizens of the
state by encouraging the expansion of the number of vendors for
procurements, thereby encouraging competition among the vendors and
promoting economic efficiency in the process.
(b) It is the purpose of this article to do all of the following:
(1) Encourage greater economic opportunity for minority, women,
and disabled veteran business enterprises.
(2) Promote competition among state agencies in order to enhance
long-term economic efficiency in the procurement of construction,
commodities, and professional services contracts.
(3) Clarify and expand the program for the procurement by state
agencies of commodities, professional services, and construction work
from minority, women, and disabled veteran business enterprises.
(c) Notwithstanding any other provision of law, contracts awarded
by any state agency, department, officer, or other state governmental
entity for construction, professional services (except those subject
to Chapter 6 (commencing with Section 16850) of Part 3 of Division 4
of Title 2 of the Government Code), materials, supplies, equipment,
alteration, repair, or improvement shall have statewide participation
goals of not less than 15 percent for minority business enterprises,
not less than 5 percent for women business enterprises and 3 percent
for disabled veteran business enterprises. These goals apply to the
overall dollar amount expended each year by the awarding department,
as defined by Section 10115.1, pursuant to this article.