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

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

---

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-Amended.html

---

BILL NUMBER: AB 116	AMENDED
	BILL TEXT

	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, as amended, 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   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  , regarding the Santa Clara
Valley Transportation Authority, the Alameda-Contra Costa Transit
District, and the Golden Gate Bridge, Highway and Transportation
District,  requires  the Santa Clara Valley
Transportation Authority an  d 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  those
specified entities   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 either in a newspaper of general
circulation or on the authority's or district's procurement Internet
Web site.  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.  
   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.
   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.  (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   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,  or, in the district's
discretion, 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)  The   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,  or, in the district's
discretion, 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. 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   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,  or, in the district's
discretion, 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)  The   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) 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) 
    (c)  Notice requesting bids required by the section
shall be published at least once in a newspaper of general
circulation,  or, in the district's discretion, 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.    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. 
   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.