BILL ANALYSIS Ó AB 2030 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2030 (Mullin) As Amended June 1, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 73-1 | (May 12, |SENATE: | 37-0 | (June 30, 2016) | | | |2016) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: L. GOV. SUMMARY: Changes specified bidding requirements for the San Francisco Bay Area Rapid Transit District and the San Mateo County Transit District. The Senate amendments remove a provision that required an annual inflationary adjustment to the bid threshold this bill raises for the San Mateo County Transit District (SamTrans). FISCAL EFFECT: None COMMENTS: AB 2030 Page 2 1)Bill Summary. This bill makes several changes to the procurement requirements for the San Francisco Bay Area Rapid Transit District (BART) and SamTrans. For both BART and SamTrans, this bill increases the formal bid threshold from $100,000 to $150,000 above which both agencies must award contracts for the purchase of supplies, equipment and materials to the lowest bidder or the bidder that provides the best value. For BART, this bill also increases the minimum dollar amount, from $2,500 to $5,000, above which BART must obtain three quotes for construction of facilities and works for the purchase of supplies, equipment or materials. It also increases the maximum amount allowed under this relaxed procurement method for the purchase of supplies, equipment or materials, from $100,000 to $150,000. For SamTrans, this bill increases the minimum dollar amount, from $2,500 to $5,000, above which SamTrans must obtain three quotes for the purchase of supplies, equipment or materials, and increases the maximum amount allowed under this procurement method from $100,000 to $150,000 (there is no construction component in this provision for SamTrans). This bill is sponsored by the author. 2)Author's Statement. According to the author, "This bill adjusts SamTrans' and BART's procurement thresholds as follows: a) Raises the limit under which the agencies can purchase supplies, equipment and materials via the 'best value' process from $100,000 to $150,000; and b) Increases the small purchase threshold from $2,500 to $5,000, allowing the agencies additional flexibility to meet their purchasing needs more quickly, particularly for locally-funded purchases? AB 2030 increases (these) purchasing thresholds? to allow relatively low-cost procurements to be processed in a more efficient and expeditious manner while still complying with Federal Transit Administration (FTA) requirements." AB 2030 Page 3 3)Background. Current law requires both BART and SamTrans to issue contracts for the purchase of supplies, equipment, and materials 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. A less formal procurement method is allowed for smaller contracts. For construction of facilities and works that is expected to cost between $2,500 and $10,000, and for the purchase of supplies, equipment or materials that is expected to cost between $2,500 and $100,000, BART must obtain at least three quotes that permit prices and terms to be compared. SamTrans must follow the same rules when purchasing supplies, equipment or materials. According to the author, "Effective approximately one year ago, the federal government raised the 'Simplified Acquisition Threshold' to allow federal grantees like BART and SamTrans to make purchases using federal grant funds via informal procurement methods for services, supplies, and other property of up to $150,000, with even less stringent requirements for 'micro-purchases' of under $3,000." The Simplified Acquisition Threshold (SAT) is set by the federal government for its Simplified Acquisition Procedures (SAP), which are designed to help federal agencies meet their small business procurement targets. SAPs employ streamlined contracting procedures for contracts valued between $2,500 and $150,000, such as allowing quotations (including oral quotations) instead of requiring full-blown bids, requiring less stringent reporting, and setting simpler rules for subcontracting. Federal acquisition thresholds are adjusted every five years and published in the Federal Register. The latest adjustment in 2015 raised the micro-purchase threshold to $3,500. The SAT ceiling remained the same at $150,000. Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: AB 2030 Page 4 0003527