BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 116|
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THIRD READING
Bill No: AB 116
Author: Beall (D), et al
Amended: 4/21/09 in Assembly
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 10-1, 6/9/09
AYES: Lowenthal, Huff, DeSaulnier, Harman, Hollingsworth,
Kehoe, Oropeza, Pavley, Simitian, Wolk
NOES: Ashburn
SENATE APPROPRIATIONS COMMITTEE : 13-0, 6/29/09
AYES: Kehoe, Cox, Corbett, Denham, Hancock, Leno, Oropeza,
Price, Runner, Walters, Wolk, Wyland, Yee
ASSEMBLY FLOOR : 77-3, 5/11/09 - See last page for vote
SUBJECT : Procurement of supplies, equipment, and
materials
SOURCE : San Mateo County Transit District
Santa Clara Valley Transportation Authority
DIGEST : This bill increases the minimum value for which
the Alameda-Contra Costa Transit District, Santa Clara
Valley Transit Authority, and the San Mateo County Transit
District must award bids to the lowest responsible bidder
from $25,000 to $100,000. This bill increases the minimum
value for which the Golden Gate Bridge, Highway and
Transportation District must award bids to the lowest
responsible bidder from $20,000 to $100,000.
CONTINUED
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ANALYSIS :
Existing law:
1. Authorizes the Alameda-Contra Costa (AC) Transit
District to award contracts for supplies, equipment, and
materials valued at $25,000 or more to the lowest
responsible bidder.
2. Authorizes the Santa Clara Valley Transit Authority
(VTA) to award contracts for supplies, equipment, and
materials valued at $25,000 or more to the lowest
responsible bidder after a competitive procurement.
3. Authorizes the San Mateo County Transit District
(SAMTRANS) to award contracts for supplies, equipment,
and materials valued at $25,000 or more to the lowest
responsible bidder after a competitive procurement,
except in an emergency declared by a vote of seven of
the nine governing board members.
4. Authorizes SAMTRANS' governing board to authorize the
general manager to act on its behalf if the value of the
contract is $50,000 or less.
5. Authorizes the Golden Gate Bridge, Highway and
Transportation District (GGBHTD) to award contracts for
supplies, equipment, and materials in excess of $20,000
to the lowest responsible bidder, provided the
announcement of the bidding opportunity is published in
a newspaper in at least one of the six counties included
in the district.
This bill:
1. Raises the threshold from $25,000 to $100,000 for
awarding contracts for supplies, equipment, and
materials to the lowest responsible bidder by a
competitive procurement process for AC Transit, VTA, and
SAMTRANS.
2. Raises the threshold from $20,000 to $100,000 awarding
contracts for supplies, equipment, and materials to the
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lowest responsible bidder by a competitive procurement
process by the GGBHTD.
3. Authorizes AC Transit, VTA, SAMTRANS, and GGBHTD to
award contracts with a value greater than $100,000 using
the "best value" procurement process, provided the
evaluation criteria are identified in the agencies'
solicitation for bids.
4. Defines "best value" for all four agencies as meaning
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."
5. Requires AC Transit, VTA, SAMTRANS, and GGBHTD when
soliciting bids with a value of between $2,500 and
$100,000 for purchasing supplies, equipment, and
materials to obtain three quotes either in writing or
verbally that permit prices and terms to be compared.
6. Requires the general manager of SAMTRANS, when requested
by the governing board, to notify the board when a
contract of $100,000 or less is awarded.
7. Requires SAMTRANS and GGBHTD to publish in a paper of
general circulation notice requesting bids at least 10
days prior submittal date. (AC Transit and VTA already
have this provision in existing law.)
8. Requires AC Transit, VTA, SAMTRANS, and the GGBHTD to
publish on each districts procurement website at least
10 days before bids are to be received a notice
requesting bids.
9. Prohibits the use of this procurement process for the
procurement of construction contracts.
Comments
Purpose of the bill . This bill endeavors to bring AC
Transit, VTA, SAMTRANS, and GGBHTD into conformity with
contemporary procurement practices. It is substantially
similar to SB 1687 (Murray), Chapter 1687, Statutes of
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2006, which granted similar authorization to Bay Area Rapid
Transit and to the Los Angeles County Metropolitan
Transportation Authority.
Prior legislation . This bill is identical to AB 117
(Beall), 2007-08 Session, which Governor Schwarzenegger
vetoed because the "historic delay in passing the 2008-2009
State Budget has forced me to prioritize the bills sent to
my desk at the end of the year's legislative session.
Given the delay, I am only signing bills that are the
highest priority for California. This bill does not meet
that standard and I cannot sign it at this time."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Procurement potential costs likely offset by
savings Special*/
Local
* Public Transportation Account
SUPPORT : (Verified 6/30/09)
San Mateo County Transit District (co-source)
Santa Clara Valley Transportation Authority (co-source)
Alameda-Contra Costa Transit District
Golden Gate Bridge, Highway and Transportation District
OPPOSITION : (Verified 6/30/09)
California Taxpayers Association
ASSEMBLY FLOOR :
AYES: Ammiano, Anderson, Arambula, Beall, Bill Berryhill,
Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley,
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Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NOES: Adams, Gaines, Jeffries
JJA:mw 6/30/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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