BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 502
          Author:   Block (D)
          Amended:  6/25/14
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 5/1/13
          AYES:  Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,  
            Jackson, Monning

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  37-0, 5/16/13 (Consent)
          AYES:  Anderson, Beall, Berryhill, Block, Calderon, Cannella,  
            Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller,  
            Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,  
            Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,  
            Padilla, Pavley, Roth, Steinberg, Walters, Wolk, Wright,  
            Wyland, Yee
          NO VOTE RECORDED:  Price, Vacancy, Vacancy

           ASSEMBLY FLOOR :  56-19, 8/19/14 - See last page for vote


           SUBJECT  :    University of California:  bidding requirements

           SOURCE  :     University of California


           DIGEST  :    This bill increases the threshold in which the  
          University of California (UC) may use a streamlined bidding  
          process for constructions projects.

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                                                                     SB 502
                                                                     Page  
          2

           Assembly Amendments  increase the UC streamlined bidding process  
          for construction projects from the cap of $600,000 to $640,000;  
          set a qualifications process for prospective bidders on projects  
          where costs exceed $300,000; require a bidder to complete and  
          submit a qualification questionnaire, as specified; require each  
          campus or facility to adopt and apply a uniform bidding system;  
          and require the public posting of certain contract information.

           ANALYSIS  :    Existing law authorizes the UC Regents, where they  
          determine that statutorily prescribed competitive bidding  
          procedures are not required and the cost of the project does not  
          exceed $100,000 to solicit bids in writing and award the work to  
          the lowest responsible bidder or reject all bids. 

          Existing law establishes the State Contract Act, and authorizes  
          specified departments, where the nature of the work in the  
          opinion of the department is such that its services in  
          connection with a project are not required, to permit the  
          carrying out of the project directly by the state agency  
          concerned with the project, if the estimated project cost does  
          not exceed $600,000, as specified. 
           
           This bill increases the threshold in which the UC may use a  
          streamlined bidding process for constructions projects.   
          Specifically this bill:

          1. Increases the threshold from $100,000 to $640,000.

          2. Sets a qualifications process for prospective bidders on  
             projects where costs exceed $300,000.

          3. Requires the public posting of certain contract information.

           Comments
           
           Minor capital projects  .  The UC defines minor capital projects  
          as those that involve construction or facilities related  
          projects below the current $100,000 contract threshold, i.e.  
          they are defined by the threshold.  Generally, these smaller  
          construction projects involve a retrofit, or a modification of  
          an existing facility. This bill will result in a redefinition of  
          minor capital outlay projects as those below the $600,000  
          proposed threshold.


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                                                                     SB 502
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          3

           California Construction Index  .  The State Contract Act governs  
          contracting between state agencies and private contractors, and  
          establishes thresholds for contracting that are adjusted every  
          two years by the Director of Finance to reflect the percentage  
          change in the annual California Construction Index as used by  
          the Department of General Services. 

           Prior legislation
           
          SB 1280 (Pavley, Chapter 708, Statutes of 2012) modified Public  
          Contract Code to authorize the UC to let any contract for  
          expenditures greater than $100,000 for the purchase of supplies  
          and materials in accordance with "best value" policies as  
          adopted by the UC Regents.  

          SB 835 (Wolk, Chapter 636, Statutes of 2011) extended the sunset  
          whereby the UC can award construction contracts on a "best  
          value" basis, rather than just to the lowest bid, from 2012 to  
          2017.
           
          SB 1122 (Wright, Chapter  638, Statutes of 2010) modified Public  
          Contract Code to increases the threshold above which the UC is  
          required to competitively bid contracts for materials, goods and  
          services from $50,000 to $100,000. 

          SB 667 (Migden, Chapter 367, Statutes of 2006) modified Public  
          Contract Code to authorize the UC to conduct a pilot program at  
          their San Francisco campus that allows for construction  
          contracts to be awarded on a "best value" basis, rather than  
          just to the lowest bidder.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/19/13)

          University of California (source)
          Associated General Contractors

           
          ASSEMBLY FLOOR  :  56-19, 8/19/14
          AYES:  Achadjian, Alejo, Ammiano, Bloom, Bocanegra, Bonilla,  
            Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong, Fox,  

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                                                                     SB 502
                                                                     Page  
          4

            Frazier, Garcia, Gatto, Gonzalez, Gordon, Gorell, Hagman,  
            Hall, Roger Hernández, Holden, Jones-Sawyer, Levine,  
            Lowenthal, Medina, Mullin, Muratsuchi, Nazarian, Pan, Perea,  
            John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Weber,  
            Wieckowski, Williams, Yamada, Atkins
          NOES:  Allen, Bigelow, Chávez, Conway, Dahle, Donnelly, Beth  
            Gaines, Grove, Harkey, Jones, Logue, Maienschein, Mansoor,  
            Melendez, Nestande, Patterson, 
            Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Gomez, Gray, Linder, Olsen, Vacancy


          PQ:d:n  8/19/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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