BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1068
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          Date of Hearing:   June 25, 2012

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                     SB 1068 (Rubio) - As Amended:  May 17, 2012

           SENATE VOTE  :   39-0
           
          SUBJECT  :  Golden Empire Transit District and Sacramento Regional 
          Transit District:  procurement 

           SUMMARY  :  Sets procurement thresholds for the transit districts 
          at levels consistent with federal procurement guidelines. 
          Specifically, this bill  :  

          1)Authorizes the Golden Empire Transit District (GET) and the 
            Sacramento Regional Transit District (Sac RT) to award 
            contracts for the purchase of supplies equipment, and 
            materials over $100,000 to the lowest responsible bidder or to 
            the bidder that, at the district's discretion, submitted a 
            proposal representing the "best value."  

          2)Requires Sac RT, to the extent practicable, to obtain a 
            minimum of three quotations for contracts for supplies, 
            equipment, and materials valued at between $3,000 and 
            $100,000.  

           EXISTING LAW:  

          1)Creates GET in the City of Bakersfield and adjacent 
            unincorporated areas of Kern County and sets forth provisions 
            governing its procurement activities, including:  

             a)   For purchases of supplies, equipment, and materials and 
               for construction contracts over $10,000, GET must conduct 
               formal procurement processes and award contracts based on 
               lowest responsible bidder; and, 

             b)   For procurements over $1,000, the district must obtain a 
               minimum of three quotations, either written or verbal.  

          2)Creates Sac RT in Sacramento and sets forth provisions 
            governing its procurement activities, including the 
            requirement that for a contract over $40,000 for the purchase 
            of supplies, equipment, or materials, the district must 








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            conduct a formal procurement process and must award the 
            contract to the lowest responsible bidder.  

           FISCAL EFFECT  :  According to Senate Appropriations Committee, 
          potential for increased procurement costs to the extent 
          contracts are not awarded to the lowest responsible bidder.  Any 
          increased costs would likely be offset by longer term savings to 
          the extent that other factors considered in a best value 
          procurement result in a greater overall benefit.  

           COMMENTS  :  The Federal Transit Administration's "Best Practices 
          Procurement Manual" encourages transit operators, to the extent 
          permitted under state law, to use a less formal procurement 
          method for small purchases (under $100,000) for which it would 
          otherwise "cost more to conduct formal competition than the 
          value expected to be yielded by the formal competition."  

          According to the author, the current thresholds placed on the 
          districts' procurement practices are inefficient for conducting 
          daily business, they increase costs, and they lengthen the 
          procurement lead time for minor procurements.   Furthermore, the 
          author contends the allowing the districts to use "best value" 
          protocols will provide opportunities to evaluate other criteria 
          (such as warranties) in evaluating contract bids.  

          This bill is consistent with a number of bills over the past few 
          years that have been passed by the Legislature and signed by the 
          Governor to update (i.e., raise) various transit districts' 
          procurement thresholds.  
           
          REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Golden Empire Transit District (co-sponsor)
          Sacramento Regional Transit District (co-sponsor)
           
            Opposition 
           
          None on file

           
          Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093 










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