Limited offshoring of UC and CSU contracts

The California Public Contract Code restricts the “offshoring” of contracts involving the University of California and California State University under Section 2 Part 2 Chapter 3.9, which was added in 2017 by Chapter 844.

Section 12147 of the Code of Public Contracts states that neither the University of California (UC) nor California State University (CSU) may enter into service contracts with a contractor or subcontractor unless that contractor or subcontractor (1) is under penalty of perjury confirms his or her proposal under this contract that the contract and any subcontracts performed under this contract will be performed exclusively with workers in the United States, and (2) describes in its proposal any parts of the work that will be performed by workers outside the United States . U.S.A.

If UC or CSU enters into a service contract with a contractor whose bid specifies that a particular job will be performed by employees outside the United States, then UC or CSU is prohibited from expelling the employee doing that particular job during the term of the contract. contract.

In addition, neither UC nor CSU may spend funds to train service contract employees located in foreign countries or to train service contract employees who plan to move to another country under a service contract if the service contract replaces a UC or CSU employee for service.

In addition, the contract must provide that if a contractor or subcontractor performs a contract or subcontract with workers outside the United States during the term of the contract, and the contractor or subcontractor does not describe that work in its proposal, then the contract must be terminated for failure to perform. .

The term “relocation” is defined as the dismissal, demotion, forced transfer to a new classification, forced transfer to a new location, or reduction in the working hours of an employee during the duration of a contract covered by this law.

This law does not apply to contracts relating to study abroad programs conducted by UC or CSU, or contracts relating to international study, research, or public service and projects conducted by the University of California or California State University.