SECTIONS 20320-20324 - California Statutes

PUBLIC CONTRACT CODE

SECTION 20320-20324

20320. The provisions of this article shall apply to contracts by
the Sacramento Regional Transit District, as provided for in Part 14
(commencing with Section 102000) of Division 10 of the Public
Utilities Code.

20321. Contracts for the construction of transit works or transit
facilities in excess of five thousand dollars ($5,000) shall be
awarded to the lowest responsible bidder after competitive bidding,
except in emergency declared by four-fifths vote of the board of the
district.

20322. 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.

20323. (a) The Legislature finds and declares that the award of
purchase contracts by the Sacramento Regional Transit District under
competitive bid procedures may not be feasible for products and
materials which 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) Notwithstanding any other provision of law, the Board of
Directors of the Sacramento Regional Transit District may direct the
purchase of (1) computers, telecommunications equipment, fare
collection equipment, microwave equipment, and other related
electronic equipment and apparatus; (2) specialized rail transit
equipment, including, but not limited to, rail cars; and (3) electric
powered transit vehicles, by competitive negotiation upon a finding
by two-thirds vote of all members of the board of the district 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. Competitive
negotiations may also be used for the purchase of replacement radio
equipment, if the initial purchase of the radio equipment was done by
competitive bidding. 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 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 date for receipt of the proposals. 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 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 board 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 which 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 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 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. Protesters 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, 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 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.

20324. Notwithstanding Section 20321, the Board of Directors of the
Sacramento Regional Transit District may construct all or any part
of the Folsom Corridor Light Rail Extension and Double Tracking
Project using a design and construct approach. If the board elects to
design and construct the project, it shall comply with all of the
following procedures:
(a) A request for qualifications shall be prepared and submitted
to an adequate number of sources, as determined by the district, to
permit reasonable competition consistent with the nature and
requirements of that portion of the extension the district elects to
design and construct. In addition, notice of the request for
qualifications shall be published at least once in a newspaper of
general circulation, at least 10 days before the last date on which
responses to the request for qualifications may be received. The
request for qualifications shall identify the minimum standards that
the district has determined 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 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 previously 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 responsible bid.
(c) The board may reject any and all bids and request new bids.
(d) The board shall not give any special preference in the design
and construct bidding process authorized by this section to any
contractor or consortium of contractors that worked on the initial
designs of the Folsom Corridor Light Rail Extension and Double
Tracking Project.