BILL NUMBER: SB 1068	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Rubio

                        FEBRUARY 13, 2012

   An act to amend Section 20311 of the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1068, as introduced, Rubio. Local Agency Public Construction
Act: Golden Empire Transit District.
   Existing law, the Local Agency Public Construction Act, with
respect to the purchase by the Golden Empire Transit District of
supplies, equipment, and materials that exceed $10,000 or any single
purchase of fuels exceeding $15,000, requires the contract to be let
to the lowest responsible bidder. Existing law requires the Golden
Empire Transit District to publish a notice requesting bids to be
published in a newspaper of general circulation, as provided.
   This bill instead would require contracts of the Golden Empire
Transit District for the purchase of supplies, equipment, and
materials that exceed $100,000 to be let to the lowest responsible
bidder or, in the district's discretion, to the responsible bidder
that submits a proposal that provides the best value, as defined.
This bill would remove the requirement that a single purchase of
fuels exceeding $15,000 be let to the lowest responsible bidder. This
bill would revise the notice requirement to require that notice
requesting bids be published at least once in a newspaper of general
circulation and on the district's procurement Internet Web site, as
provided. This bill also would require the district, to the extent
practicable, to obtain a minimum of 3 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 $2,500, but does not exceed $100,000.
By expanding the duties of a local agency, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 20311 of the Public Contract Code is amended to
read: 
   20311.  The purchase of all supplies, equipment, and materials,
and the 
    20311.    (a)     (1)  
  The  construction of facilities and works, when the
expenditure required exceeds ten thousand dollars ($10,000), 
or any single purchase of fuels exceeding fifteen thousand dollars
($15,000),  shall be by contract let to the lowest
responsible bidder.  Notice 
    (2)     Notice  requesting bids shall
be published at least once in a newspaper of general circulation,
which publication shall be made at least 10 days before bids are
received. The board may reject any and all bids and readvertise in
its discretion. 
   When 
    (3)     When  the expected procurement
required exceeds one thousand dollars ($1,000), the board shall seek
a minimum of three quotations, either written or oral, which permit
prices and other terms to be compared. 
   (b) (1) The purchase of all supplies, equipment, and materials,
when the expenditure required exceeds one hundred thousand dollars
($100,000), shall be by contract let to the lowest responsible bidder
or, in the district's discretion, to the responsible bidder that
submitted a proposal that provides the best value, as defined in
paragraph (2), to the district on the basis of the factors identified
in the solicitation.  
   (2) For the purposes of this section, "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.  
   (3) Notice requesting bids shall be published at least once in a
newspaper of general circulation and on the district's procurement
Internet Web site, which publication shall be made at least 10 days
before bids are received. The board may reject any and all bids and
readvertise in its discretion.  
   (4) To the extent practicable, when the expected procurement
required exceeds two thousand five hundred dollars ($2,500) but does
not exceed one hundred thousand dollars ($100,000), the board shall
seek a minimum of three quotations, either written or oral, which
permit prices and other terms to be compared.  
   (5) This subdivision applies solely to the procurement of
supplies, equipment, and materials and shall not apply to
construction contracts. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.