SECTIONS 20220-20229.1 - California Statutes

PUBLIC CONTRACT CODE

SECTION 20220-20229.1

20220. The provisions of this article shall apply to contracts by
the San Francisco Bay Area Rapid Transit District, as provided for in
Part 2 (commencing with Section 28500) of Division 10 of the Public
Utilities Code.

20221. (a) 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 who
submitted a proposal that provides the best value to the district on
the basis of the factors identified in the solicitation. "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 requirements described in the
solicitation documents. The construction of facilities and works when
the expenditure required exceeds ten thousand dollars ($10,000)
shall be by contract let to the lowest responsible bidder. Notice
requesting bids shall be published at least once in a newspaper of
general circulation. This publication shall be made at least 10 days
before the bids are received. The board may reject any and all bids
and readvertise in its discretion.
(b) Whenever the expected procurement required exceeds two
thousand five hundred dollars ($2,500) and, in the case of the
construction of facilities and works, does not exceed ten thousand
dollars ($10,000) or, in the case of the purchase of supplies,
equipment, or materials, does not exceed one hundred thousand dollars
($100,000), the district shall obtain a minimum of three quotations,
either written or oral, that permit prices and terms to be compared.
(c) Where the expenditure required by the bid price is less than
one hundred thousand dollars ($100,000), the general manager may act
for the board. When acting pursuant to this subdivision, the general
manager shall, in each instance, promptly notify the board of the
action taken.

20221.1. Notwithstanding any other provision of law, the governing
board of the San Francisco Bay Area Rapid Transit District may, at
its discretion, elect to design and construct all or any part of the
extension of the district's transit facilities to the San Francisco
International Airport. If the board elects to design and construct
the project, it shall comply with all of the following procurement
procedures:
(a) A request for qualifications shall be prepared and submitted
to an adequate number of sources, as determined by the district, in
its discretion, to permit reasonable competition consistent with the
nature and requirements of that portion of the extension the district
has elected to design and construct in accordance with this section.
In addition, notice of the request for qualifications shall be
published at least once in a newspaper of general circulation, which
publication shall be at least 10 days before responses to the request
for qualifications are received. The request for qualifications
shall identify the minimum standards that the district has
determined, in its discretion, shall be met or exceeded by a
contractor to successfully design and construct the project described
in this section. Those standards may include, but are not limited
to, technical experience and capability, financial condition and
capacity, organization, and personnel.
(b) All respondents determined by the district to meet or exceed
the minimum standards set forth in the request for qualifications
shall be considered prequalified. The district may, in its
discretion, repeat the prequalification process described in
subdivision (a). If the district has prequalified at least three
respondents, it may invite those prequalified to submit sealed bids
for the project based upon plans and specifications prepared by the
district. Only those who have been prequalified are eligible for
award of a contract. Award shall be made to the prequalified bidder
submitting the lowest responsive bid.
(c) The board may reject any and all bids and request new bids.

20222. If after rejecting bids the board determines and declares by
a two-thirds vote of all its members that in its opinion the
supplies, equipment and materials may be purchased at a lower price
in the open market, the board may proceed to purchase the supplies,
equipment and materials in the open market without further observance
of the provisions requiring contracts, bids, or notice.

20223. In case of an emergency, the board may, by resolution passed
by a two-thirds vote of all its members, declare and determine that
public interest and necessity demand the immediate expenditure of
public money to safeguard life, health, or property, and thereupon
proceed to expend or enter into a contract involving the expenditure
of any sum needed in the emergency without observance of the
provisions requiring contracts, bids, or notice. If notice for bids
to let contracts will not be given, the board shall also comply with
Chapter 2.5 (commencing with Section 22050).

20224. Upon determining that immediate remedial measures to avert
or alleviate damage to property, or to repair or restore damaged or
destroyed property, of the district are necessary in order to insure
that the facilities of the district are available to serve the
transportation needs of the general public, and upon determining that
available remedial measures, including procurement in compliance
with Sections 20221, 20222, and 20223, are inadequate, the general
manager may authorize the expenditure of money previously
appropriated specifically by the board for the direct purchases of
goods and services, without observance of the provisions of those
sections.
The general manager shall, after any such expenditure, submit to
the board a full report explaining the necessity for the action.

20224.5. All bids for construction work shall be presented under
sealed cover and shall be accompanied by one of the following forms
of bidder's security:
(a) Cash.
(b) A cashier's check made payable to the district.
(c) A certified check made payable to the district.
(d) A bidder's bond executed by an admitted surety insurer, made
payable to the district.
Upon an award to the lowest bidder, the security of an
unsuccessful bidder shall be returned in a reasonable period of time,
but in no event shall that security be held by the district beyond
60 days from the time the award is made.

20225. The general manager may establish districtwide purchasing
standards, the purpose of which is to insure the necessary quality of
supplies and equipment purchased by, or under the supervision of,
the district and to permit the consolidation of purchases in order to
effect greater economy in district purchasing.

20226. Notwithstanding Section 20221, and upon a finding by
two-thirds of all members of the board that the proposed purchase in
compliance with Sections 20221 and 20222 does not constitute a method
of procurement adequate for the operation of district facilities or
equipment, the board may direct the procurement of prototype
equipment or modifications in an amount sufficient to conduct and
evaluate operational testing without further observance of any
provisions requiring contracts, bids, or notice.

20227. Notwithstanding Section 20221, the board may direct the
purchase of any supply, equipment, or material without observance of
any provision requiring contracts, bids, or notice upon a finding by
two-thirds of all members of the board that there is only a single
source of procurement therefor and that the purchase is for the sole
purpose of duplicating or replacing supply, equipment, or material,
as the case may be, in use.

20228. (a) Notwithstanding Section 20221, work on the Oakland Wye
complex to the MacArthur Station project and on the Daly City
turnback and storage facilities project may be performed by district
personnel during periods of operation of the transit system when
interconnection work is to be performed within 12 feet of the
centerline of the existing track.
(b) Notwithstanding Section 20221, interconnection work required
for the Dublin-Pleasanton Extension, Warm Springs Extension,
Pittsburg-Antioch Extension, Colma-San Francisco Airport Extensions,
and work required by Department of Transportation retrofit or
replacement projects may be performed by district personnel when the
work is to be performed within 12 feet of the centerline of existing
track or where the tie-in or startup of the work could affect
operating train control, traction power, electrical control, or
communications systems and the district has determined that there is
a clear risk to safety of personnel or to passenger service which
requires that district personnel perform the work.
(c) Notwithstanding subdivisions (a) and (b), it shall continue to
be the policy of the district to perform all interconnection work by
competitive bidding.

20229. In order to facilitate the participation of minority-owned
and women-owned businesses in nonfederally funded contracts
consistent with federally funded contracts, the district may
establish for nonfederally funded contracts percentage goals for
participation of those businesses in subcontracts and subsupply
contracts in accordance with the provisions of Part 23 (commencing
with Section 23.1) of Title 49 of the Code of Federal Regulations in
effect on January 1, 1983.

20229.1. (a) Notwithstanding any other provision of law, the
governing board of the San Francisco Bay Area Rapid Transit District
may direct the purchase of (1) electronic equipment, including, but
not limited to, computers, telecommunications equipment, fare
collection equipment, and microwave equipment and (2) specialized
rail transit equipment, including, but not limited to, rail cars, and
contracts for work that include, at a minimum, conversion of the
rail car motive power system to alternating current or the complete
replacement of existing rail car motive power units that utilize
direct current, by competitive negotiation upon a finding by
two-thirds of all members of the board that the purchase of that
equipment in compliance with provisions of this code generally
applicable to the purchase does not constitute a method of
procurement adequate for the district's needs.
(b) Competitive negotiation, for the purposes of this section,
shall include, as a minimum, all of the following elements:
(1) A request for proposal shall be prepared and submitted to an
adequate number of qualified sources, as determined by the district
in its discretion, to permit reasonable competition consistent with
the nature and requirements of the procurement. In addition, notice
of the request for proposal shall be published at least once in a
newspaper of general circulation, which publication shall be made at
least 10 days before the proposals are received. The district shall
make every effort to generate the maximum feasible number of
proposals from qualified sources and shall make a finding to that
effect before proceeding to negotiate if only a single response to
the request for proposal is received.
(2) The request for proposal shall identify significant evaluation
factors, including price, and their relative importance.
(3) The district shall provide reasonable procedures for technical
evaluation of the proposals received, identification of qualified
sources, and selection for contract award.
(4) Award shall be made to the qualified bidder whose proposal
will be most advantageous to the district with price and other
factors considered. If award is not made to the bidder whose proposal
contains the lowest price, the board shall make a finding setting
forth the basis for the award.
(c) The board may reject any and all proposals and request new
proposals at its discretion.
(d) A person who submits, or who plans to submit, a proposal may
protest any acquisition conducted in accordance with this section as
follows:
(1) Protests based on the content of the request for proposal
shall be filed with the district within 10 calendar days after the
request for proposal is first advertised in accordance with
subdivision (b). The district shall issue a written decision on the
protest prior to opening of proposals. A protest may be renewed by
refiling the protest with the district within 15 calendar days after
the mailing of the notice of the recommended award.
(2) Any bidder may protest the recommended award on any ground not
based upon the content of the request for proposals by filing a
protest with the district within 15 calendar days after the mailing
of the notice of the recommended award.
(3) Any protest shall contain a full and complete written
statement specifying in detail the grounds of the protest and the
facts supporting the protest. Protestors shall have an opportunity to
appear and be heard before the board prior to the opening of
proposals in the case of protests based on the content of the request
for proposals, prior to final award in the case of protests based on
other grounds or the renewal of protests based on the content of the
request for proposals.
(e) Where the district, through competitive negotiation, has
entered into lease agreements for equipment of the type specified in
subdivision (a) subsequent to December 1, 1980, the district may
purchase the equipment directly from the lessor upon a finding by
two-thirds of all members of the board that the purchase of that
equipment in compliance with provisions of this code generally
applicable to the purchase does not constitute a method of
procurement adequate for the district's needs.
(f) Provisions in any contract concerning women and minority
business enterprises, which provisions are in accordance with the
request for proposals, shall not be subject to negotiation with the
successful bidder.