BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2030


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2030 (Mullin)


          As Amended  June 1, 2016


          Majority vote


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          |ASSEMBLY:  | 73-1 | (May 12,      |SENATE: | 37-0 | (June 30, 2016) |
          |           |      |2016)          |        |      |                 |
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          |           |      |               |        |      |                 |
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          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:  








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          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."








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          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:  








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