AB 963, as amended, Levine. State contracts: request for proposal: procedures.
Existing law governs contracting between state agencies and private contractors, and sets forth requirements for the procurement of materials, supplies, equipment, and services, and the acquisition of information technology goods and services by state agencies.
This bill would require a bidder’s record of environmentally preferable purchasing, as defined, to be a factor in awarding a contract under a request for proposal, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 10344 of the Public Contract Code is
2amended to read:
(a) Contracts subject to this article may be awarded
4under a procedure that makes use of a request for proposal. State
5agencies that use this procedure shall include in the request for
6proposal a clear, precise description of the work to be performed
P2 1or services to be provided, a description of the format that proposals
2shall follow and the elements they shall contain, the standards the
3agency will use in evaluating proposals, the date on which
4proposals are due and the timetable the agency will follow in
5reviewing and evaluating them.
6State agencies that use a procedure that makes use of a request
7for proposal shall evaluate proposals and award contracts pursuant
8to subdivision (b) or (c). A proposal
shall not be considered if it
9has not been received at the place, and before the closing time,
10stated in the request for proposal.
11(b) State agencies that use the evaluation and selection procedure
12in this subdivision shall include in the request for proposal, in
13addition to the information required by subdivision (a), a
14requirement that bidders submit their proposals with the bid price
15and all cost information in a separate, sealed envelope.
16Proposals shall be evaluated and the contract awarded in the
17following manner:
18(1) All proposals received shall be reviewed to determine those
19that meet the format requirements and the standards specified in
20the request for proposal.
21(2) The sealed envelopes containing the bid price and cost
22information for those proposals that meet the format requirements
23and standards shall then be publicly opened and read.
24(3) The contract shall be awarded to the lowest responsible
25bidder meeting the standards.
26(4) (A) If there is a tie for the lowest responsible bidder, the
27awarding agency shall select the bidder with abegin delete superiorend delete record of
28environmentally preferable purchasing as defined in Section 12400.
29(B) If the bid price of the lowest responsible bidder is not more
30than 3% lower than the second lowest bid price, the awarding
31agency shall select, among the
bidders with the lowest and second
32lowest bid price, the bidder with abegin delete superiorend delete record of
33environmentally prefeable purchasing as defined in Section 12400.
34begin insert In the event that the bidders with the lowest and second lowest bid
35price have a record of environmentally preferable purchasing, the
36awarding agency shall select the lowest responsible bidder.end insert
37(c) State agencies that use the evaluation and selection procedure
38in this subdivision shall include in the request for proposal, in
39addition to the information required by subdivision (a), a
40description of the methods that will be used in evaluating and
P3 1scoring the proposals. Any evaluation and scoring method shall
2ensure that substantial weight in
relationship to all other criteria
3used shall be given to the contract price proposed by the bidder.
4Proposals shall be evaluated and the contract awarded in the
5following manner:
6(1) All proposals shall be reviewed to determine which meet
7the format requirements specified in the request for proposal.
8(2) All proposals meeting the formal requirements shall then
9be submitted to an agency evaluation committee which shall
10evaluate and score the proposals using the methods specified in
11the request for proposal. All proposals and all evaluation and
12scoring sheets shall be available for public inspection at the
13conclusion of the committee scoring process. The agency
14evaluation committee shall consider a bidder’s environmentally
15preferable
purchasing as defined in Sectionbegin delete 12404end deletebegin insert 12400end insert.
16(3) The contract shall be awarded to the bidder whose proposal
17is given the highest score by the evaluation committee.
18(d) This section shall not require the awarding of the contract
19if no proposals are received containing bids offering a contract
20price that in the opinion of the state agency is a reasonable price.
21(e) (1) In addition to the information required by subdivision
22(a), a request for proposal for a contract that involves the furnishing
23of equipment, materials, or supplies shall
contain the following
24statement:
26“It is unlawful for any person engaged in business within this
27state to sell or use any article or product as a “loss leader” as
28defined in Section 17030 of the Business and Professions Code.”
30(2) On and after March 31, 2010, and until December 31, 2011,
31if a request for proposal does not contain the statement required
32by paragraph (1), the awarding agency shall report this error to the
33department within 30 days of the date the awarding agency
34discovers this error.
35(3) The department shall post in the State Contracting Manual
36instructions for including the statement required by paragraph (1)
37in all affected contracts.
38(4) The
statement required by paragraph (1) shall be deemed to
39be part of a request for proposal even if the statement is
40inadvertently omitted from the request for proposal.
P4 1(f) A bidder shall be subject to Sectionbegin delete 12404end deletebegin insert 12400end insert if the bidder
2includes environmentally preferable purchasing as part of his or
3her proposal.
Section 12400 of the Public Contract Code is amended
5to read:
For purposes of this chapter, “environmentally
7preferable purchasing” means the procurement or acquisition of
8goods and services that have a lesser or reduced effect on human
9health and the environment when compared with competing goods
10or services that serve the same purpose. This comparison shall
11take into consideration, to the extent feasible, among other things,
12raw materials acquisition, production, manufacturing, packaging,
13distribution, reuse, operation, maintenance, disposal, energy
14efficiency, product performance, durability, safety, the needs of
15the purchaser, and cost.
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