Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1857

Introduced by Assembly Member Frazier

February 19, 2014

An act to add and repeal Section 140.2 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1857, as amended, Frazier. Department of Transportation: vehicle and equipment procurement.

Existing law generally requires public contracts to be awarded by competitive bidding pursuant to procedures set forth in the Public Contract Code, subject to certain exceptions.

Until January 1, 2019, this bill would authorize the Department of Transportation to purchase and equip heavy mobile fleet vehicles and special equipment by means of best value procurement, as defined, subject to an annual limitation of $20,000,000. The bill would require the begin delete department to report to the Legislature end delete begin insert Department of General Services to prepare an evaluation end insert with regard to this process, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 140.2 is added to the Streets and
Highways Code, to read:

140.2.  

(a) Notwithstanding any other law, except Section
13332.09 of the Government Code, the department may purchase
and equip heavy mobile fleet vehicles and special equipment by
means of best value procurement. As used in this section, “best
value procurement” means a method of selecting a proposal based
on an evaluation of the following factors in addition to price:

(1) Total cost of ownership, including warranty, under which
all repair costs are borne solely by the warranty provider, repair
costs, maintenance costs, fuel consumption, and salvage value.

(2) Product performance, productivity, and safety standards.

(3) The supplier’s ability to perform to the contract requirements.

(4) Environmental benefits, including reduction of greenhouse
gas emissions, reduction of air pollutant emissions, or reduction
of toxic or hazardous materials.

(b) In addition to disclosure of the minimum requirements for
qualification, the solicitation document provided to a prospective
bidder shall specify that one or more of the factors described in
subdivision (a), as applicable to the bidder’s product, shall be given
a weighted value. The department shall then utilize a scoring
method based on those factors and price in determining the
successful bid.

(c) Best value procurements shall be limited to twenty million
dollars ($20,000,000) annually.

(d) On or before begin delete October 1, 2018, the department shall submit
a report to the Legislature that includes an evaluation of the best
value procurement bidding process end delete begin insert June 1, 2018, the Department
of General Services shall prepare an evaluation of the best value
procurement pilot authorized by this section, including a
recommendation on whether or not the process should be continued
at the Department of Transportation. The evaluation shall be
posted on the Department of Transportation’s Internet Web site
on or before June 30, 2018 end insert .

(e) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.