Bill Text: CA AB1857 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 1857 (Prior Session Legislation)

Bill Title: Department of General Services: vehicle and equipment procurement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-17 - Chaptered by Secretary of State - Chapter 381, Statutes of 2014. [AB1857 Detail]

Download: California-2013-AB1857-Chaptered.html

BILL NUMBER: AB 1857	CHAPTERED
	BILL TEXT

	CHAPTER  381
	FILED WITH SECRETARY OF STATE  SEPTEMBER 17, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 17, 2014
	PASSED THE SENATE  AUGUST 27, 2014
	PASSED THE ASSEMBLY  AUGUST 28, 2014
	AMENDED IN SENATE  AUGUST 22, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 19, 2014

   An act to add and repeal Section 10326.2 of the Public Contract
Code, relating to procurement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1857, Frazier. Department of General Services: vehicle and
equipment procurement.
   Existing law generally requires public contracts to be awarded by
competitive bidding pursuant to procedures set forth in the Public
Contract Code, subject to certain exceptions.
   Until January 1, 2021, this bill would authorize the Department of
General Services to purchase and equip heavy mobile fleet vehicles
and special equipment for use by the Department of Transportation by
means of best value procurement, as defined, subject to an annual
limitation of $20,000,000. The bill would establish requirements for
bid evaluation and protest procedures. The bill would require the
Department of General Services to prepare a prescribed evaluation
with regard to this process, to be posted on the Department of
Transportation's Internet Web site.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10326.2 is added to the Public Contract Code,
to read:
   10326.2.  (a)  As used in this section, "best value procurement"
means a contract award determined by objective criteria related to
price, features, functions, and life-cycle costs that may include the
following:
   (1) Total cost of ownership, including warranty, under which all
repair costs are borne solely by the warranty provider, repair costs,
maintenance costs, fuel consumption, and salvage value.
   (2) Product performance, productivity, and safety standards.
   (3) The supplier's ability to perform to the contract
requirements.
   (4) Environmental benefits, including reduction of greenhouse gas
emissions, reduction of air pollutant emissions, or reduction of
toxic or hazardous materials.
   (b) The department may purchase and equip heavy mobile fleet
vehicles and special equipment for use by the Department of
Transportation by means of best value procurement, using
specifications and criteria developed in consultation with the
Department of Transportation.
   (c) In addition to disclosure of the minimum requirements for
qualification, the solicitation document shall specify what business
performance measures in addition to price shall be given a weighted
value. The department shall use a scoring method based on those
factors and price in determining the successful bid. Any evaluation
and scoring method shall ensure substantial weight is given to the
contract price. The solicitation document shall provide for
submission of sealed price information. Evaluation of all criteria
other than price shall be completed before the opening of price
information.
   (d) Upon written request of any bidder who has submitted a bid,
notice of the proposed award shall be posted in a public place in the
offices of the department at least 24 hours before awarding the
contract or purchase order. If, before making an award, any bidder
who has submitted a bid files a protest with the department against
the awarding of the contract or purchase order on the ground that his
or her bid should have been selected in accordance with the
selection criteria in the solicitation document, the contract or
purchase order shall not be awarded until either the protest has been
withdrawn or the California Victim Compensation and Government
Claims Board has made a final decision as to the action to be taken
relative to the protest. Within 10 days after filing a protest, the
protesting bidder shall file with the California Victim Compensation
and Government Claims Board a full and complete written statement
specifying in detail the ground of the protest and the facts in
support thereof.
   (e) The total value of vehicles and equipment purchased through
best value procurement pursuant to this section shall be limited to
twenty million dollars ($20,000,000) annually.
   (f) On or before June 1, 2020, the Department of General Services
shall prepare an evaluation of the best value procurement pilot
authorized by this section, including a recommendation on whether or
not the process should be continued. The evaluation shall be posted
on the Department of Transportation's Internet Web site on or before
June 30, 2020.
   (g) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.