SECTIONS 20910-20918 - California Statutes

PUBLIC CONTRACT CODE

SECTION 20910-20918

20910. The provisions of this article shall apply to contracts by
bridge and highway districts as provided for in the Bridge and
Highway District Act pursuant to Part 3 (commencing with Section
27000) of Division 15 of the Streets and Highways Code.

20914. (a) The district shall advertise, pursuant to Section 6066
of the Government Code, for contracts for all vessel repair,
maintenance, and alteration work whenever the estimated expenditure
exceeds twenty thousand dollars ($20,000), and for all other
construction, repair, maintenance, and alteration work and all
similar work, and for all insurance purchased by the district for any
reason, except physical damage insurance, employee benefit
insurance, liability insurance, or worker's compensation insurance,
whenever the estimated expenditure exceeds five thousand dollars
($5,000), as follows:
(1) In at least one newspaper and not more than three newspapers
designated by the general manager, which are published in any one
county or portion of a county within the district.
(2) By publication for two consecutive insertions in a trade paper
of general circulation, published no more than one week apart either
in the City of Los Angeles or the City and County of San Francisco,
devoted primarily to the dissemination of contract news among
contracting firms. The district shall publicly open the bids and
award the contract to the lowest responsible bidder.
(b) In case of emergency, work may be contracted without
advertising or competitive bidding.
(c) If notice for bids to let contracts will not be given, the
district shall comply with Chapter 2.5 (commencing with Section
22050).

20915. It shall be unlawful to employ any means to evade the
provisions of this article requiring contracts to be awarded after
advertising and competitive bidding, including the splitting of
projects into smaller work orders, the amendment of existing
contracts, or the approval of a subcontract or subcontracts let under
existing contracts. Every person who willfully violates this section
shall be guilty of a misdemeanor.

20916. All contracts in excess of twenty thousand dollars ($20,000)
entered into by the district for the hiring or purchase of
equipment, supplies, or materials, are of no effect unless the
district shall advertise pursuant to Section 6066 of the Government
Code for bids for such contracts in at least one newspaper and not
more than three newspapers designated by the general manager, which
are published in any one county or portion of a county within the
district, and unless the district shall award the contract to the
lowest responsible bidder.

20916.1. Notwithstanding Section 20916, the purchase of all
supplies, equipment, and materials by the Golden Gate Bridge, Highway
and Transportation District shall be subject to the following:
(a) When the expenditure required exceeds one hundred thousand
dollars ($100,000), the purchase 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 the
requirements described in the solicitation documents.
(b) To the extent practicable, the district 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 district'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.

20916.3. (a) The Legislature finds and declares that the award of
purchase contracts by the Golden Gate Bridge, Highway and
Transportation 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. Under 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, performance reliability, delivery timetables, vendor
financing, 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 may
direct the purchase of the specialized equipment specified in
subdivision (g) by competitive negotiation upon a finding, by a
two-thirds vote of the membership of the board, that the purchase of
that equipment pursuant to laws otherwise applicable to the purchase
is not feasible or in the public interest.
(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 board, to
permit reasonable competition consistent with the nature and
requirements of the procurement. In addition, notice of the request
for proposals shall be published at least twice in a newspaper of
general circulation, at least 10 days before the date for receipt of
the proposals. The board 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 proposals is received.
(2) A request for proposals shall identify all significant
evaluation factors, including price, and their relative importance.
(3) The board 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 proposer whose proposal
will be most advantageous to the district, with price and all 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.
(d) The board may reject any and all proposals and request new
proposals, at its discretion.
(e) Upon making an award to a qualified proposer, the board, 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 board within 10 calendar days after the
request for proposals is first advertised in accordance with
subdivision (b). The board shall issue a written decision on the
protest prior to the opening of proposals. A protest may be renewed
by refiling the protest with the board 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 board 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, 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) This section applies only to the purchase by the district of
computers, telecommunications equipment, automated toll and fare
collection equipment, microwave equipment, and other related
electronic equipment and apparatus. This section does not apply to
contracts for construction or for the procurement of any product
available in substantial quantities to the general public.
(h) 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.

20916.5. 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.

20917. If, after rejecting bids received under Section 20916, the
board determines and declares by a two-thirds vote of all of its
members that, in its opinion, the equipment, supplies, or materials
may be purchased at a lower price in the open market, the board may
proceed to purchase the equipment, supplies, or materials in the open
market without further observance of the provisions requiring
contracts, bids, or advertisement.

20918. In case of an emergency, the board may, by resolution passed
by a two-thirds vote of all of 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 such emergency without observance of the
provisions requiring contracts, bids, or advertisement. If notice for
bid to let contracts will not be given, the board shall also comply
with Chapter 2.5 (commencing with Section 22050).