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BUS-56, Materiel Management: Purchases from Entities Violating State or
Federal Water or Air Pollution Laws
June 14, 1991
I. REFERENCES
California Government Code, Section 4475-448 1.
Provisions added to California Government Code by Assembly Bill No. 3040
(Public Works and Purchases - Contracts, Chapter 1812, 1971 Regular
Session). Effective March 14, 1972, and as subsequently amended.
II. INTRODUCTION
The purpose of this Bulletin is to set forth the procedures for the
University to comply with the above referenced Code. Chapter 8
(commencing with Section 4475), Division 5 of Title 1, prohibits State
agencies from entering into contracts of $10,000 or more for the
purchase of supplies, equipment, or services from any person or entity
who is subject to a cease and desist order not subject to review issued
for violation of waste discharge requirements, or is finally determined
to be in violation of federal laws relating to air or water pollution.
The State Water Resources Control Board and the State Air Resources
Board are directed to provide a list of such violators to State agencies
on an as-needed basis.
III. SCOPE
The procedures are applicable to the Laboratories as well as the
campuses.
IV. PROCEDURES
1. The State Water Resources Control Board and the State Air Resources
Board shall determine which persons or business entities are in
violation of federal or State air or water pollution laws, and are
therefore ineligible as suppliers of materials, equipment, or
services to State agencies.
2. The Director-University Materiel Management shall provide the names
of persons or business entities added to or deleted from the listings
compiled and furnished by the State Water Resources Control Board and
the State Air Resources Board and forward the changes to Materiel
Managers.
3. Materiel Managers shall take all necessary precautions to insure
that the University does not enter into contracts for the purchase of
supplies, equipment, or services from any person or entity who has
been determined to be in violation of federal or State air or water
pollution laws in violation of this statute.
4. The provisions of this Bulletin shall not apply when a person or
business entity otherwise prohibited from contracting with the
University under this chapter is the sole source of a product or
services required by the University.
5. The provisions of this Bulletin shall not apply to contracts of less
than $10,000. In addition, contracts may not be divided to
intentionally avoid the $10,000 limitation.
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