BILL NUMBER: AB 2149	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 20, 2014

INTRODUCED BY   Assembly Member Atkins
   (Coauthor: Assembly Member V. Manuel Pérez)

                        FEBRUARY 20, 2014

   An act to add Section 20147 to the Public Contract Code, relating
to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2149, as amended, Atkins. The Local Agency Public Construction
Act: County of San Diego: exemption.
   Existing law, the Local Agency Public Construction Act, requires
counties, among others, to comply with specified procedures for
contracting for public works projects,  as defined, 
including, the use of a competitive bidding process and awarding
contracts to the lowest responsible bidder.
   Existing law provides that specified provisions of the act
applicable to public works contracts awarded by counties, as
specified, do not apply to certain contracts between the County of
Napa and the State of California.
   This bill would provide that those provisions of the act would
also not apply to a contract entered into by the County of San Diego
with a private entity for the delivery of a regional communications
system and any related infrastructure to be used by public safety
agencies and emergency responders located in the Counties of Imperial
and San Diego.  This   The  bill would
authorize the County of San Diego to use any competitive procurement
method to procure the regional communications system and all related
infrastructure,  as specified.   but would
require the county to use a best value, as defined, procurement if
the county does not use a procurement method otherwise available
under specified provisions of the act. 
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of San Diego.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 20147 is added to the Public Contract Code, to
read:
   20147.  (a) Notwithstanding any other law, this article shall not
apply to a contract entered into by the County of San Diego with a
private entity for the delivery of a regional communications system
and any related infrastructure to be used by public safety agencies
and emergency responders located in the Counties of Imperial and San
Diego.
   (b) The County of San Diego may use any competitive procurement
method to procure the regional communications systems and related
infrastructure described in subdivision  (a) including
provisions of this article that would otherwise apply to the County
of San Diego.   (a), provided that if the County of San
Diego does not use a procurement method otherwise available to it
under this article, the procurement shall be a best value
procurement. "Best value" means a value determined by evaluation of
objective criteria related to price, functional specif  
ications and features, technical specifications and features,
implementation plan, life cycle costs and support, experience, past
performance, and fiscal stability. A best value determination may
entail selection of the lowest priced technically acceptable proposal
or selection of the best proposal for a fixed price established by
the procuring agency, or it may consist of a tradeoff between price
and other specified factors. 
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique public safety needs in the County of San Diego.