SECTIONS 20300-20306 - California Statutes

PUBLIC CONTRACT CODE

SECTION 20300-20306

20300. The provisions of this article apply to contracts by the
Santa Clara Valley Transportation Authority, as provided for in Part
12 (commencing with Section 100000) of Division 10 of the Public
Utilities Code.

20301. (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 authority's discretion, to the responsible bidder
who submitted a proposal that provides the best value to the
authority 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 the requirements
described in the solicitation documents.
(b) To the extent practicable, the authority shall obtain a
minimum of three quotations, either written or oral, that permit
prices and terms to be compared whenever the expected expenditure
required for the purchase of supplies, equipment, or materials
exceeds two thousand five hundred dollars ($2,500), but does not
exceed one hundred thousand dollars ($100,000).
(c) Notice requesting bids shall be published at least once in a
newspaper of general circulation and on the authority's procurement
Internet Web site, which publication shall be made at least 10 days
before the bids are received. The board may reject any and all bids
and readvertise at its discretion.
(d) This section applies solely to the procurement of supplies,
equipment, and materials, and shall not apply to construction
contracts.

20301.5. (a) Notwithstanding Section 20301, the district may let a
design-and-build contract for any project for a transit center or
station, transit park-and-ride lot, bus and light rail maintenance
facility, or administrative office building, or any combination of
those, upon approval by the board of directors. The district also may
let a design-and-build contract for the Fremont-South Bay Commuter
Rail Project contained in Santa Clara County's 1996 Measure B
Transportation Improvement Program, upon approval by the board of
directors.
(b) (1) If the board of directors elects to proceed under
subdivision (a), before entering into any contract that requires
advertising for bids for a project, the board shall cause to be
prepared estimates, and shall prepare documents, for the solicitation
of bids on a design-and-build basis.
(2) For the purposes of this section, "design and build" means a
method of procuring design and construction from a single source. The
selection of the single source shall occur before the development of
complete plans and specifications.
(c) The request for submission of bids shall include all of the
following:
(1) A clear, precise description of the services to be provided
and work to be performed.
(2) A description of the format that submittals shall follow and
the elements they shall contain, including the qualifications and
relevant experience of the design professional and the contractor,
and the criteria that shall be used in evaluating the submittal,
including the bid price.
(3) A requirement that bidders submit their proposals with the
construction bid price and all cost information in a separate sealed
envelope.
(4) The date on which the submittals are due, and the timetable
that will be used in reviewing and evaluating the submittals.
(d) All submittals received prior to the closing time stated in
the request for submittal shall be reviewed to determine those that
meet the format requirements and the standards specified in the
request for submittal.
(e) The contract shall be awarded to the lowest responsible bidder
meeting the standards of the request for submittal.
(f) For the purposes of this section, selections of design
professionals shall meet the standards set forth in Chapter 10
(commencing with Section 4525) of Division 5 of Title 1 of the
Government Code.
(g) This section shall apply only to a project that is under the
supervision of a licensed general building contractor, as defined in
Section 7057 of the Business and Professions Code.

20302. If after rejecting bids the board determines and declares by
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, if the open market
purchase price is lower than the rejected bid, without further
observance of the provisions requiring contracts, bids, or notice.

20303. In case of an emergency, as defined under Section 1102, the
board, upon adopting a resolution passed by a four-fifths vote of all
its members, declaring and determining that public interest and
necessity demand the immediate expenditure of public money to
safeguard life, health, or property, may expend, or enter into a
contract involving the expenditure of, any sum needed in the
emergency without observing the provisions requiring contracts, bids,
or notice. If notice for bids to let contracts will not be given,
the board shall comply with Chapter 2.5 (commencing with Section
22050).

20304. Notwithstanding Section 20301, 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
a vote of two-thirds of all its 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.

20305. 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 authority.
(c) A certified check made payable to the authority.
(d) A bidder's bond executed by an admitted surety insurer, made
payable to the authority.
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 authority beyond
60 days from the time the award is made.

20306. (a) The Legislature finds and declares that the award of
purchase contracts by the district under competitive bid procedures
may not be feasible for products and materials that are undergoing
rapid technological changes or for the introduction of new
technologies into district operations, and that in these
circumstances it is in the public interest to consider the broadest
possible range of competing products and materials available, fitness
of purpose, manufacturer's warranty, vendor financing, performance
reliability, standardization, life-cycle costs, delivery timetables,
support logistics, and other similar factors in addition to price in
the award of these contracts.
(b) (1) Notwithstanding any other provision of law, the board may
direct the purchase the following:
(A) Computers, telecommunications equipment, fare collection
equipment, radio and microwave equipment, and other related
electronic equipment and apparatus.
(B) Specialized rail transit equipment, including, but not limited
to, railcars or tunnel boring machines, by competitive negotiation
upon a finding by two-thirds vote of all members of the board that
the purchase of those products or materials 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.
(2) This section does not apply to contracts for construction or
for the procurement of any product available in substantial
quantities to the general public.
(c) Competitive negotiation, for the purposes of this section
includes, but is not limited to, all of the following requirements:
(1) A request for proposals 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, a notice
of the request for proposals shall be published at least once in a
newspaper of general circulation, which shall be made at least 10
days before the date for receipt of the proposals. The district shall
make reasonable efforts 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 proposals shall identify all 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) Prior to making an award, the district shall prepare a price
analysis and shall find that the final negotiated price is fair and
reasonable based upon comparable procurements in the marketplace.
(5) Award shall be made to the qualified proposer whose proposal
will be most advantageous to the district with price and other
factors considered. If award is not made to the proposer whose
proposal contains the lowest price, the district shall make a finding
setting forth the basis for the award.
(d) The district may reject any and all proposals and issue a new
request for proposals at its discretion.
(e) Upon making an award to a qualified proposer, the district,
upon request, shall make available to all other proposers and to the
public, an analysis of the award that provides the basis for the
selection of that particular qualified proposal.
(f) A person who submits, or who plans to submit, a proposal may
protest any acquisition conducted in accordance with this section
pursuant to protest procedures established by the board as follows:
(1) Protests based on the content of the request for proposals
shall be filed with the district within 10 calendar days after the
request for proposals is first advertised in accordance with
subdivision (c). 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 staff recommendation for award has been made available to the
public as required by subdivision (e) of Section 20216.
(2) A 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 staff
recommendation for award has been made available to the public as
required by subdivision (e) of Section 20216.
(3) A protest shall contain a full and complete written statement
specifying in detail the grounds of the protest and the facts
supporting the protest. Protesters shall have an opportunity to
appear and be heard before the district prior to the opening of
proposals in the case of protests based on the content of the request
for proposals, or 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.
(g) Provisions in a contract concerning women and minority
business enterprises, that are in accordance with the request for
proposals, shall not be subject to negotiation with the successful
bidder.