BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1857
                                                                  Page  1

          Date of Hearing:   April 9, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 1857 (Frazier) - As Amended:  March 28, 2014 

          Policy Committee:                               
          TransportationVote:13-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill authorizes Caltrans to use best value procurement.  
          Specifically, this bill:

          1)Authorizes Caltrans, until January 1, 2019, to purchase up to  
            $20 million annually of heavy mobile fleet vehicles and  
            special equipment using best value procurement.

          2)Defines best value procurement to include the following  
            factors-total cost of ownership, product performance, the  
            supplier's ability to perform, and environmental benefits, and  
            requires the solicitation document to specify how these  
            factors will be weighted in scoring proposals.

          3)Requires the Department of General Services (DGS), by June 1,  
            2018, to evaluate this best value procurement and recommend  
            whether it should be continued.

           FISCAL EFFECT  

          1)Caltrans indicates that about $25 million of its current $28.5  
            million equipment budget would be eligible for purchase within  
            the $20 million annual limit of the pilot program. Assuming  
            initial costs using best value procurement could be up to five  
            percent greater than under competitive bidding, total annual  
            procurement costs could be up to $1 million greater during the  
            four years of the pilot program. [State Highway Account] 

          2)Costs per (1) could be more than offset by long-term ongoing  
            savings to the extent the vehicles and equipment acquired  
            using the best value procurement process result in lower  








                                                                  AB 1857
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            maintenance and repair costs, lower fuel consumption, and  
            higher resale value.

          3)DGS would incur one-time costs of at least $150,000 to  
            evaluate the program, which would require comparison of all  
            purchase, operations and maintenance cost factors among  
            similar equipment procured using best value and competitive  
            bidding.

           COMMENTS  

           1)Purpose  . Most public sector contracts in California are  
            awarded solely on a low-bid basis, whereby the contractor  
            submitting the lowest responsive and responsible bid is  
            awarded the contract. According to the author, low-bid  
            procurement forces Caltrans, when purchasing heavy mobile  
            fleet vehicles and special equipment, to select the lowest  
            bidder regardless of whether or not the equipment being  
            purchased performs better, gets better gas mileage, has fewer  
            GHG emissions, has improved warranties, or has higher salvage  
            or resale value.  The author argues that as a result, Caltrans  
            is often forced to work with less than adequate equipment,  
            unreliable suppliers, limited warranties and performance, and  
            higher than normal maintenance costs. AB 1857 allows Caltrans  
            to test a system of soliciting bids and procure heavy mobile  
            fleet vehicles and special equipment based on a number of  
            factors, including price.

           2)Prior Legislation  . A substantially similar bill, AB 2403  
            (Smyth)/Chapter 495 of 2008 was signed by Governor  
            Schwarzenegger but did not take effect because it was joined  
            to another bill that was vetoed by the Governor.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081