Bill Text: CA AB116 | 2009-2010 | Regular Session | Chaptered
Bill Title: Transportation authorities and districts: contracts.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 408, Statutes of 2009. [AB116 Detail]
Download: California-2009-AB116-Chaptered.html
BILL NUMBER: AB 116 CHAPTERED
BILL TEXT
CHAPTER 408
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 24, 2009
PASSED THE ASSEMBLY MAY 11, 2009
AMENDED IN ASSEMBLY APRIL 21, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
AMENDED IN ASSEMBLY MARCH 16, 2009
INTRODUCED BY Assembly Member Beall
(Coauthor: Assembly Member Brownley)
(Coauthor: Senator DeSaulnier)
JANUARY 14, 2009
An act to amend Sections 20211 and 20301 of, and to add Section
20916.1 to, the Public Contract Code, and to repeal and add Section
103222 of the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 116, Beall. Transportation authorities and districts:
contracts.
(1) Existing law establishes bridge and highway districts and
various regional transportation authorities and transit districts,
including the Santa Clara Valley Transportation Authority, the
Alameda-Contra Costa Transit District, and the Golden Gate Bridge,
Highway and Transportation District, and prescribes the powers and
duties of each, including procedures for awarding contracts and
procurement. Existing law, with respect to the purchases of supplies,
equipment, and materials by bridge and highway districts that exceed
$20,000, requires the contract to be let to the lowest responsible
bidder, and, with respect to purchases by the Santa Clara Valley
Transportation Authority and the Alameda-Contra Costa Transit
District that exceed $25,000, requires the contract to be let to the
lowest responsible bidder. Existing law requires the Santa Clara
Valley Transportation Authority and the Alameda-Contra Costa Transit
District to publish a notice requesting bids to be published in a
newspaper of general circulation, and requires bridge and highway
districts to advertise bids as specified.
This bill instead would require contracts of the Santa Clara
Valley Transportation Authority, the Alameda-Contra Costa Transit
District, and the Golden Gate Bridge, Highway and Transportation
District, under which the expenditure for the purchase of supplies,
equipment, and materials exceeds $100,000, to be let to the lowest
responsible bidder or to the responsible bidder who submits a
proposal that provides the best value, as defined. The bill would
revise the notice requirement to require that notice requesting bids
be published at least once in a newspaper of general circulation and
on the authority's or district's procurement Internet Web site. The
bill also would require the authority or district, to the extent
practicable, to obtain a minimum of 3 quotations, either written or
oral, that permit prices and terms to be compared, whenever the
expected expenditure required for the purchase of supplies,
equipment, or materials exceeds $2,500, but does not exceed $100,000.
Existing law requires contracts by the San Mateo County Transit
District for the purchase of supplies, equipment, and materials in
excess of $25,000 to be awarded to the lowest responsible bidder
after competitive bidding, except in an emergency declared by the
vote of 7 members of the board, and allows the board to authorize the
general manager to act for the board when the contract is for less
than $50,000.
This bill would delete these provisions and would instead require
a contract by the San Mateo County Transit District for the purchase
of all supplies, equipment, and materials, when the expenditure
required exceeds $100,000, to be by contract to the lowest
responsible bidder or to the responsible bidder who submitted a
proposal that provides the best value, as specified. The bill would
require the district, to the extent practicable, to obtain a minimum
of 3 quotations whenever the expected expenditure exceeds $2,500, but
does not exceed $100,000, and would require notice requesting bids
to be published, as specified.
By expanding the duties of a local agency, this bill would impose
a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 20211 of the Public Contract Code is amended to
read:
20211. (a) The purchase of all supplies, equipment, and
materials, when the expenditure required exceeds one hundred thousand
dollars ($100,000), shall be by contract let to the lowest
responsible bidder, or, in the district's discretion, to the
responsible bidder who submitted a proposal that provides the best
value to the district on the basis of the factors identified in the
solicitation. "Best value" means the overall combination of quality,
price, and other elements of a proposal that, when considered
together, provide the greatest overall benefit in response to the
requirements described in the solicitation documents.
(b) To the extent practicable, the district shall obtain a minimum
of three quotations, either written or oral, that permit prices and
terms to be compared whenever the expected expenditure required for
the purchase of supplies, equipment, or materials exceeds two
thousand five hundred dollars ($2,500), but does not exceed one
hundred thousand dollars ($100,000).
(c) The construction of facilities and works, when the expenditure
exceeds ten thousand dollars ($10,000), shall be by contract let to
the lowest responsible bidder.
(d) Notice requesting bids shall be published at least once in a
newspaper of general circulation and on the district's procurement
Internet Web site, which publication shall be made at least 10 days
before bids are received. The board may reject any and all bids and
readvertise in its discretion.
SEC. 2. Section 20301 of the Public Contract Code is amended to
read:
20301. (a) The purchase of all supplies, equipment, and
materials, when the expenditure required exceeds one hundred thousand
dollars ($100,000), shall be by contract let to the lowest
responsible bidder, or, in the authority's discretion, to the
responsible bidder who submitted a proposal that provides the best
value to the authority on the basis of the factors identified in the
solicitation. "Best value" means the overall combination of quality,
price, and other elements of a proposal that, when considered
together, provide the greatest overall benefit in response to the
requirements described in the solicitation documents.
(b) To the extent practicable, the authority shall obtain a
minimum of three quotations, either written or oral, that permit
prices and terms to be compared whenever the expected expenditure
required for the purchase of supplies, equipment, or materials
exceeds two thousand five hundred dollars ($2,500), but does not
exceed one hundred thousand dollars ($100,000).
(c) Notice requesting bids shall be published at least once in a
newspaper of general circulation and on the authority's procurement
Internet Web site, which publication shall be made at least 10 days
before the bids are received. The board may reject any and all bids
and readvertise at its discretion.
(d) This section applies solely to the procurement of supplies,
equipment, and materials, and shall not apply to construction
contracts.
SEC. 3. Section 20916.1 is added to the Public Contract Code, to
read:
20916.1. Notwithstanding Section 20916, the purchase of all
supplies, equipment, and materials by the Golden Gate Bridge, Highway
and Transportation District shall be subject to the following:
(a) When the expenditure required exceeds one hundred thousand
dollars ($100,000), the purchase shall be by contract let to the
lowest responsible bidder, or, in the district's discretion, to the
responsible bidder who submitted a proposal that provides the best
value to the district on the basis of the factors identified in the
solicitation. "Best value" means the overall combination of quality,
price, and other elements of a proposal that, when considered
together, provide the greatest overall benefit in response to the
requirements described in the solicitation documents.
(b) To the extent practicable, the district shall obtain a minimum
of three quotations, either written or oral, that permit prices and
terms to be compared whenever the expected expenditure required for
the purchase of supplies, equipment, or materials exceeds two
thousand five hundred dollars ($2,500), but does not exceed one
hundred thousand dollars ($100,000).
(c) Notice requesting bids shall be published at least once in a
newspaper of general circulation and on the district's procurement
Internet Web site, which publication shall be made at least 10 days
before the bids are received. The board may reject any and all bids
and readvertise at its discretion.
(d) This section applies solely to the procurement of supplies,
equipment, and materials, and shall not apply to construction
contracts.
SEC. 4. Section 103222 of the Public Utilities Code is repealed.
SEC. 5. Section 103222 is added to the Public Utilities Code, to
read:
103222. (a) The purchase of all supplies, equipment, and
materials, when the expenditure required exceeds one hundred thousand
dollars ($100,000), shall be, by contract, let to the lowest
responsible bidder, or, in the district's discretion, to the
responsible bidder who submitted a proposal that provides the best
value to the district on the basis of the factors identified in the
solicitation. "Best value" means the overall combination of quality,
price, and other elements of a proposal that, when considered
together, provide the greatest overall benefit in response to the
requirements described in the solicitation documents.
(b) To the extent practicable, the district shall obtain a minimum
of three quotations, either written or oral, that permit prices and
terms to be compared whenever the expected expenditure required for
the purchase of supplies, equipment, or materials exceeds two
thousand five hundred dollars ($2,500), but does not exceed one
hundred thousand dollars ($100,000).
(c) Notice requesting bids required by the section shall be
published at least once in a newspaper of general circulation and on
the district's procurement Internet Web site, which publication shall
be made at least 10 days before the bids are received. The board may
reject any and all bids and readvertise at its discretion.
(d) This section applies solely to the procurement of supplies,
equipment, and materials, and shall not apply to construction
contracts.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
