BILL NUMBER: AB 2403	CHAPTERED  09/28/08

	CHAPTER  495
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2008
	PASSED THE SENATE  AUGUST 14, 2008
	PASSED THE ASSEMBLY  AUGUST 18, 2008
	AMENDED IN SENATE  JUNE 30, 2008
	AMENDED IN ASSEMBLY  MAY 23, 2008
	AMENDED IN ASSEMBLY  APRIL 15, 2008
	AMENDED IN ASSEMBLY  APRIL 1, 2008

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 21, 2008

   An act to add and repeal Section 140.2 of the Streets and Highways
Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2403, Smyth. Department of Transportation: 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, 2014, this bill would authorize the Department of
Transportation to purchase and equip heavy mobile fleet vehicles and
special equipment by means of best value procurement, as defined,
subject to an annual limitation of $15,000,000. The bill would
require the department to report to the Legislature with regard to
this process, as specified.
   The bill would provide that it shall become operative only if AB
2560 of the 2007-08 Regular Session is also enacted and becomes
operative.


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

  SECTION 1.  Section 140.2 is added to the Streets and Highways
Code, to read:
   140.2.  (a) Notwithstanding any other provision of law, except
Section 13332.09 of the Government Code, the department may purchase
and equip heavy mobile fleet vehicles and special equipment by means
of best value procurement. As used in this section, "best value
procurement" means a method of selecting a proposal based on an
evaluation of the following factors in addition to price:
    (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, or salvage value.
   (2) Product performance and productivity.
   (3) 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) In addition to disclosure of the minimum requirements for
qualification, the solicitation document provided to a prospective
bidder shall specify that one or more of the factors described in
subdivision (a), as applicable to the bidder's product, will be given
a weighted value. If deemed qualified to bid, the department shall
then utilize a scoring method based on those factors and price in
determining the successful bid.
   (c) Best value procurements shall be limited to fifteen million
dollars ($15,000,000) annually.
   (d) On or before December 31, 2011, and again by October 1, 2013,
the department shall submit a report to the Legislature that includes
an evaluation of the best value procurement bidding process.
   (e)  This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 2.  This act shall become operative only if Assembly Bill 2560
of the 2007-08 Regular Session is also enacted and becomes
operative.