Bill Text: CA AB116 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 116	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Beall

                        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, as introduced, 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 San
Mateo County Transit District, 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 other authorities and districts that exceed
$25,000, requires the contract to be let to the lowest responsible
bidder. Existing law, regarding the Santa Clara Valley Transportation
Authority, the Alameda-Contra Costa Transit District, and the Golden
Gate Bridge, Highway and Transportation District, requires a notice
requesting bids to be published in a newspaper of general
circulation.
   This bill instead would require contracts of those specified
entities 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 also
would require the authority or district, and the Golden Gate Bridge,
Highway and Transportation 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.
   With respect to the San Mateo County Transit District, the bill
would require a notice requesting bids be published in a newspaper of
general circulation, and would increase the authority of the general
manager to act for the board when the expenditure is less than
$100,000.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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.  The purchase of all supplies, equipment, and materials,
when the expenditure required exceeds twenty-five thousand dollars
($25,000), and 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. Notice 
    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) 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,
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.  The purchase of all supplies, equipment, and materials,
when the expenditure required exceeds twenty-five thousand dollars
($25,000), shall be by contract let to the lowest responsible bidder.
Notice 
    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) 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,
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.
  SEC. 3.  Section 20916.1 is added to the Public Contract Code, to
read:
   20916.1.  (a) Notwithstanding Section 20916, the purchase of all
supplies, equipment, and materials by the Golden Gate Bridge, Highway
and Transportation District, 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 shall be published at least once in a
newspaper of general circulation, 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.
  SEC. 4.  Section 103222 of the Public Utilities Code is repealed.

   103222.  (a) Contracts for the purchase of supplies, equipment,
and materials in excess of twenty-five thousand dollars ($25,000)
shall be awarded to the lowest responsible bidder after competitive
bidding, except in an emergency declared by the vote of seven members
of the board.
   (b) When the contract is for less than fifty thousand dollars
($50,000), the board may authorize the general manager to act for the
board. 
  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) 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) Where the expenditure required by the bid price is less than
one hundred thousand dollars ($100,000), the general manager may act
on behalf of the board. When acting pursuant to this subdivision, the
general manager shall, upon the board's request, notify the board
within 30 days of any action taken on behalf of the board.
   (d) Notice requesting bids required by the section shall be
published at least once in a newspaper of general circulation, 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.
  SEC. 6.  Section 20301 of the Public Contract Code, Section 3 of
this act, which adds Section 20916.1 to the Public Contract Code, and
Section 5 of this act, which adds Section 103222 to the Public
Utilities Code, shall apply solely to the procurement of supplies,
equipment, and materials, and shall not apply to construction
contracts.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.