BILL NUMBER: AB 117 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 3, 2008
AMENDED IN SENATE JANUARY 22, 2008
AMENDED IN ASSEMBLY MARCH 22, 2007
INTRODUCED BY Assembly Member Beall
JANUARY 9, 2007
An act to amend Section 20301 of the Public Contract
Code, relating to transportation. An act to amend
Section 20301 of the Public Contract Code, and to amend Section
103222 of the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 117, as amended, Beall. Transportation: Santa Clara Valley
Transportation Authority : San Mateo County Transit District
: contracts.
(1) Existing law creates establishes
various regional transportation authorities and transit districts,
including the Santa Clara Valley Transportation Authority
and the San Mateo County Transit District and prescribes the
powers and duties of the authority, each,
including procedures for awarding contracts and
procurement by the authority . Existing law
provides that , with respect to those districts, the
purchase of all supplies, equipment, and
materials, when the expenditure required exceeds $25,000, shall be by
contract let to the lowest responsible bidder. Existing law
regarding the San Mateo County Transit District provides an exception
to this requirement for a board-declared emergency and further
allows the board to authorize the general manager to act for the
board when the contract is for less than $50,000. Existing law
regarding the San Clara Valley Transportation Authority requires a
notice requesting bids to be published in a newspaper of general
circulation.
This bill instead would require for those purchases
, when where the expenditure required
exceeds $100,000, to be by contract 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 to obtain a minimum of 3 quotations,
either written or oral, that permit prices and terms to be compared,
whenever the 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 where the expenditure is
less than $100,000.
By expanding the duties of a local agency, this bill wou
ld 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 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 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. 2. Section 103222 of the Public
Utilities Code is amended to read:
103222. (a) Contracts for the The
purchase of all 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.
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 promptly notify the board 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. 2. SEC. 3. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.