BILL NUMBER: AB 1857 AMENDED
BILL TEXT
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 140.2 of the Streets and
Highways 10326.2 of the Public Contract Code,
relating to transportation. procurement.
LEGISLATIVE COUNSEL'S DIGEST
AB 1857, as amended, Frazier. Department of
Transportation 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, 2019, 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 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 $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
an a prescribed evaluation with regard
to this process, as specified. to be posted
on the Department of Transportation's Internet Web site.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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.
SECTION 1. Section 140.2 is added to the
Streets and Highways Code, to read:
140.2. (a) Notwithstanding any other 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, 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) 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, shall be
given a weighted value. 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 twenty million
dollars ($20,000,000) annually.
(d) On or before June 1, 2018, 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 at the Department of
Transportation. The evaluation shall be posted on the Department of
Transportation's Internet Web site on or before June 30, 2018.
(e) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.