BILL NUMBER: AB 2030	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2016

INTRODUCED BY   Assembly Member Mullin
   (Coauthor: Assembly Member Bonilla)

                        FEBRUARY 16, 2016

   An act to amend  Sections   Section 
20221  and 20331  of the Public Contract Code, and
to amend Section 103222 of the Public Utilities Code, relating to
transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2030, as amended, Mullin. Transportation districts: contracts.
   (1) Existing law requires contracts of the San Francisco Bay Area
 Rapid  Transit District for the purchase of supplies,
equipment, and materials to be let to the lowest responsible bidder
or to the bidder who submits a proposal that provides best value, as
defined, if the amount of the contract exceeds $100,000 and requires
the district to obtain a minimum of 3 quotations for those contracts
between $2,500 and $100,000. Existing law requires the district, if
the contract is for the construction of facilities and works, to let
the contract to the lowest responsible bidder if the amount of the
contract exceeds $10,000 and to obtain a minimum of 3 quotations for
those contracts between $2,500 and $10,000.
   This bill would instead impose those bidding requirements with
respect to district contracts for the purchase of supplies,
equipment, and materials if the amount of the contracts
  contract  exceeds $150,000 and would require a
minimum of 3 quotations for those contracts between $5,000 and
$150,000. The bill would also  impose those bidding
requirements   require,  with respect to district
contracts for the construction of facilities  or equipment if
the amount of the contract exceeds $100,000 and would require
  and works,  a minimum of 3 quotations for those
contracts between $5,000 and  $100,000.  
$10,000. 
   (2) Existing law requires contracts of the San Mateo County
Transit District for the purchase of supplies, equipment, and
materials to be let to the lowest responsible bidder or to the bidder
who submits a proposal that provides best value, as defined, if the
amount of the contract exceeds $100,000 and requires the district, to
the extent practicable, to obtain a minimum of 3 quotations for
those contracts between $2,500 and $100,000.
   This bill would instead impose those bidding requirements if the
amount of the contracts exceeds $150,000 and would require a minimum
of 3 quotations for contracts between $5,000 and $150,000. The bill
would require that  the  $5,000 threshold  to
 be adjusted to reflect changes in the Consumer Price Index.

   Existing law requires the district, if the contract is for the
construction of transit works or transit facilities, to let the
contract to the lowest responsible bidder, except as provided, if the
amount of the contract exceeds $10,000.  
   The bill would instead impose that bidding requirement if the
amount of the contract exceeds $100,000 and would require that
$100,000 threshold to be adjusted to reflect changes in the Consumer
Price Index. 
   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 20221 of the Public Contract Code is amended to
read:
   20221.  (a) The purchase of all supplies, equipment, and materials
when the expenditure required exceeds one hundred fifty thousand
dollars ($150,000) shall be by contract let to the lowest responsible
bidder or, in the district's discretion, to the responsible bidder
who submitted a proposal that provides the best value to the district
on the basis of the factors identified in the solicitation. "Best
value" means the overall combination of quality, price, and other
elements of a proposal that, when considered together, provide the
greatest overall benefit in response to requirements described in the
solicitation documents. The construction of facilities and works
when the expenditure required exceeds  one hundred 
 ten  thousand dollars  ($100,000)  
($10,000)  shall be by contract let to the lowest responsible
bidder. Notice requesting bids shall be published at least once in a
newspaper of general circulation. This publication shall be made at
least 10 days before the bids are received. The board may reject any
and all bids and readvertise in its discretion.
   (b) Whenever the expected procurement required exceeds five
thousand dollars ($5,000) and, in the case of the construction of
facilities and works, does not exceed  one hundred 
 ten  thousand dollars  ($100,000)  
($10,000)  or, in the case of the purchase of supplies,
equipment, or materials, does not exceed one hundred fifty thousand
dollars ($150,000), the district shall obtain a minimum of three
quotations, either written or oral, that permit prices and terms to
be compared.
   (c) Where the expenditure required by the bid price is less than
one hundred thousand dollars ($100,000), the general manager may act
for the board. When acting pursuant to this subdivision, the general
manager shall, in each instance, promptly notify the board of the
action taken. 
  SEC. 2.    Section 20331 of the Public Contract
Code is amended to read:
   20331.  (a) Contracts for the construction of transit works or
transit facilities in excess of one hundred thousand dollars
($100,000) shall be awarded to the lowest responsible bidder after
competitive bidding, except in emergency declared by the vote of
seven members of the board. In the case of an emergency, if notice
for bids to let contracts will not be given, the board shall comply
with Chapter 2.5 (commencing with Section 22050).
   (b) The amount specified in subdivision (a) shall be adjusted on
January 1, 2018, to reflect the percentage change since January 1,
2016, in the California Consumer Price Index, and shall be adjusted
each January 1 thereafter to reflect the annual percentage change in
the California Consumer Price Index. 
   SEC. 3.   SEC. 2.   Section 103222 of
the Public Utilities Code is amended to read:
   103222.  (a) The purchase of all supplies, equipment, and
materials, when the expenditure required exceeds one hundred fifty
thousand dollars ($150,000), shall be by contract let to the lowest
responsible bidder, or, in the district's discretion, to the
responsible bidder who submitted a proposal that provides the best
value to the district on the basis of the factors identified in the
solicitation. "Best value" means the overall combination of quality,
price, and other elements of a proposal that, when considered
together, provide the greatest overall benefit in response to the
requirements described in the solicitation documents.
   (b) To the extent practicable, the district shall obtain a minimum
of three quotations, either written or oral, that permit prices and
terms to be compared whenever the expected expenditure required for
the purchase of supplies, equipment, or materials exceeds five
thousand dollars ($5,000), but does not exceed one hundred fifty
thousand dollars ($150,000).
   (c) Notice requesting bids required by  the  
this  section shall be published at least once in a newspaper
of general circulation and on the district's procurement Internet Web
 site, which publication   site. These
publications  shall be made at least 10 days before the bids are
received. The board may reject any and all bids and readvertise at
its discretion.
   (d) This section applies solely to the procurement of supplies,
equipment, and materials, and shall not apply to construction
contracts.
   (e) The five-thousand-dollar ($5,000) amount specified in
subdivision  (a)   (b)  shall be adjusted
on January 1, 2018, to reflect the percentage change since January 1,
2016, in the California Consumer Price Index, and shall be adjusted
each January 1 thereafter to reflect the annual percentage change in
the California Consumer Price Index.