BILL ANALYSIS �
AB 2149
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2149 (Atkins)
As Amended May 20, 2014
Majority vote
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|ASSEMBLY: |78-0 |(April 10, |SENATE: |33-0 |(June 5, 2014) |
| | |2014) | | | |
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Original Committee Reference: L. GOV.
SUMMARY : Exempts a contract for a Regional Communications
System (RCS) for the Counties of San Diego and Imperial from
contracting law that otherwise applies to counties.
The Senate amendments :
1)Provide that, if the County of San Diego does not use a
procurement method otherwise available to it under the Local
Agency Public Construction Act, the procurement shall be a
best value procurement.
2)Define "best value" to mean a value determined by evaluation
of objective criteria related to price, functional
specifications and features, technical specifications and
features, implementation plan, life cycle costs and support,
experience, past performance, and fiscal stability.
3)Allow a best value determination to entail selection of the
lowest priced technically acceptable proposal or selection of
the best proposal for a fixed price established by the
procuring agency, or to consist of a trade-off between price
and other specified factors.
EXISTING LAW establishes, under the Local Agency Public
Construction Act within the Public Contract Code, the procedures
counties are required to use when soliciting and evaluating bids
or proposals for the construction of a public work or
improvement, which generally require contracts to be awarded to
the lowest responsible bidder after a competitive bidding
process.
AS PASSED BY THE ASSEMBLY , this bill:
AB 2149
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1)Stated that, notwithstanding any other law, the provisions of
the Local Agency Public Construction Act that apply to
counties shall not apply to a contract entered into by the
County of San Diego with a private entity for the delivery of
an RCS and any related infrastructure to be used by public
safety agencies and emergency responders located in the
Counties of Imperial and San Diego.
2)Allowed the County of San Diego to use any competitive
procurement method to procure the RCS and related
infrastructure described in 1) above, including provisions of
the Local Agency Public Construction Act that apply to
counties that would otherwise apply to the County of San
Diego.
3)Found and declared that a special law is necessary and that a
general law cannot be made applicable within the meaning of
California Constitution Article IV Section 16 the because of
the unique public safety needs in the County of San Diego.
FISCAL EFFECT : None
COMMENTS :
1)Purpose of this bill. This bill seeks to allow the County of
San Diego to contract for the RCS without having to comply
with provisions of state law that govern the contracting
practices of counties. This bill is sponsored by the County
of San Diego.
2)Author's statement. According to the author, "Due to
technology obsolescence and the need to support significant
user growth, San Diego County must replace the RCS in the next
few years. State law requires construction projects over a
certain dollar threshold to be procured through a competitive
bid process and awarded to the lowest responsible bidder.
However, the RCS has unique requirements because it is most
importantly a technology project. The project's construction
components represent a very small percentage of the overall
project cost.
"To ensure that the system can be selected that best meets the
region's diverse emergency communications requirements would
be to procure the RCS contract through the solicitation of
competitive proposals that would allow San Diego County to
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consider price, among other factors, in its selection."
3)Background. The RCS is a public safety voice communications
system that provides radio communications for 21 911 dispatch
communications centers and thousands of first responders
throughout the Counties of San Diego and Imperial. The RCS
serves law enforcement, fire services, emergency medical
providers, and a variety of public service agencies. The
system not only supports local agencies, but also state,
federal, and tribal agencies operating in the region. The RCS
provides a high level of interoperability enabling public
safety agencies in the two counties to communicate in all
types of emergencies and disaster responses.
The RCS also provides interoperable communications with public
safety systems in surrounding areas to support mutual aid and
coordinated responses with multiple agencies. This type of
interoperable regional communication is essential not only for
the daily emergencies that first responders handle, but for
catastrophic events, such as the wildfires of 2003 and 2007,
that require all of a region's first responders to work
together and receive the same information. The current
system, commissioned in 1998 with a life expectancy of 15
years, operates as a wide area network with more than 50 radio
sites throughout the two counties.
The proposed project includes replacing obsolete technology,
both hardware and software, that will address redundancy of
critical components, improve radio system coverage in areas
without complete coverage, and increase system capacity to
support existing requirements and accommodate future growth.
4)State contracting law generally requires local agencies,
including counties, to procure services for construction
projects over a certain dollar amount through a competitive
bidding process that awards the contract to the bidder who
offers the lowest responsible bid. According to the sponsor,
the County of San Diego, "While generally, the competitive
bidding requirements of current law are important mechanisms
for protecting the public's interest in fair and cost
effective government contracting, in this particular instance,
they would unreasonably delay completion of the communications
system. In addition, the bidding requirements of current law
do not contemplate such a technologically advanced project.
The standard low bid arrangement simply will not yield the
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best product." Supporters note that this project is primarily
a technology project that includes construction components
that represent a small percentage of the overall project cost.
They contend that the County of San Diego needs the authority
to consider price among other factors in its selection.
5)Previous legislation. AB 946 (Bonnie Lowenthal), Chapter 400,
Statutes of 2011, authorized the Los Angeles Regional
Interoperable Communications System Authority, a joint powers
agency, to use an alternative solicitation process to award a
contract for the design and build out of a regional
interoperable communications system and related
infrastructure. AB 946 required the solicitation process to
ensure that the contractor was selected in compliance with a
"procurement by competitive proposals" process pursuant to
federal law.
6)Arguments in support. Supporters contend that this bill is
necessary to allow the RCS to proceed in a timely and
cost-effective fashion.
7)Arguments in opposition. None on file.
Analysis Prepared by : Angela Mapp / L. GOV. / (916) 319-3958
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