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Purpose
Promotes economic development and employment opportunities in designated distressed areas, by offering bidding preferences in specified state contracts.
Description
The DGS, Procurement Division, Dispute Resolution and Preference Programs administers the TACPA program which was implemented in State procurement in 1982. TACPA provides a 5 percent bid preference on service and commodity contracts valued at more than $100,000 if the business work site is located in a distressed area as designated by the Office of Planning and Research. TACPA bid preferences do not apply to construction or other contracts where the provisions of the State's contract fix the work site.
The TACPA allows state contracting officials to award California based companies the bid preference when 50% of the labor required to perform commodities contracts or 90% of the labor for services contracts is performed at the approved work site(s). TACPA work sites may be in, or directly adjacent to and forming a contiguous boundary with, the distressed area. To receive a contract award based on preferences, the company must certify under penalty of perjury that the required contract labor shall be accomplished at the approved work site.
Companies qualifying for the 5 percent work site preference may request an additional 1 to 4 percent workforce preference by certifying to hire a specified percent of their contract workforce labor hours from among persons with high risk of unemployment.
The awarding State agency is responsible for including bid and contract language to ensure compliance with the TACPA and for monitoring the TACPA contract compliance.
Effective January 1, 1999, new legislation ( Assembly Bill 835 ) requires companies claiming this preference to demonstrate and certify that work is accomplished at the identified work site. Penalties were established for non-compliance. AB 835 also modified the percentage of the labor for services from 100% to 90%.
Authority California Government Code, Title I, Division 5, Chapter 10.5, Section 4530 et seq., and California Code of Regulations, Title II, Division 2, Chapter 3, Subchapter 9, Article 1, Sections 1896.30 - 1896.41
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