SECTIONS 22101-22109 - California Statutes

PUBLIC CONTRACT CODE

SECTION 22101-22109

22101. The Legislature has found that electronic data-processing
equipment, goods, and services are unique, and of such importance to
state programs as to warrant a separate acquisition authority
therefor. The Legislature finds that the Southern California Rapid
Transit District has needs similar to the state with respect to
acquisition of electronic data-processing goods and services.

22102. For purposes of this chapter, "district" means the Southern
California Rapid Transit District.

22103. (a) Acquisition of electronic data-processing goods and
services by the district shall be conducted through competitive
means, except when the district determines one of the following:
(1) The goods and services proposed for acquisition are the only
goods and services which can meet the district's needs.
(2) The goods and services are needed in case of an emergency
where immediate acquisition is necessary for the efficient operation
and preservation of the district's services.
(b) The mode of acquisition to be used and the procedure to be
followed shall be approved by the district which shall adopt
appropriate criteria and procedures to ensure compliance with the
intent of this chapter. However, the procedure shall provide for
issuance by the district of a solicitation document to, and for the
submission of proposals by, prospective contractors.

22104. (a) Contract awards shall be based on the proposal which
provides the most cost-effective solution to the district's
requirements, as determined by the evaluation criteria contained in
the solicitation document. The evaluation procedures may provide for
the selection of a vendor on a basis other than cost alone.
(b) Evaluation of proposals for the purpose of determining
contract award shall provide for consideration of a proposer's best
financing alternative unless the district determines that a
particular financing alternative should not be considered.
(c) A vendor may be excluded from proposal processes, if the
vendor's performance with respect to a previously awarded contract
has been determined unsatisfactory by the district, provided that the
exclusion shall not exceed one year for any one determination of
unsatisfactory performance and provided further that any excluded
vendor may at any time during the exclusion be reinstated upon
demonstration to the district's satisfaction that the problems which
resulted in his or her exclusion have been corrected.
(d) To the extent practical, the solicitation documents shall
provide for a contract to be written to enable acquisition of
additional items to avoid essentially redundant acquisition processes
when it can be determined that it is economical to do so.

22105. Protest procedures shall be provided to allow proposers an
opportunity to formally protest any acquisition conducted in
accordance with this chapter. Authority to protest may be limited to
participating proposers. The procuring officer of the district, or
the person designated by the procuring officer, is authorized to
consider and decide on initial protests. A decision regarding an
initial protest shall be final. If, prior to making an award, any
proposer who submitted an offer files a protest with the district
against awarding the contract or purchase order on the ground that
his or her bid or proposal should have been selected in accordance
with the selection criteria in the selection document, the contract
or purchase order shall not be awarded until either the protest has
been withdrawn or the district has made a final decision as to the
action to be taken on the protest. A protestor, within 10 calendar
days of filing a protest, shall file with the district a full and
complete written statement specifying in detail the grounds of the
protest and the facts in support thereof.

22106. Electronic data-processing goods which are determined to be
surplus to the district's needs shall be disposed of in a manner best
serving the interests of the district, which may include auction,
sale, or transfer to other governmental entities.

22107. The district may establish policies and procedures for all
of the following:
(a) Price negotiation with respect to all acquisitions conducted
under this chapter.
(b) System or equipment component performance or availability
standards, including an assessment of the added cost to the district
to receive contractual guarantee of a level of performance.
(c) Requirement of a bond or assessment of a cost penalty with
respect to a contract or consideration of a contract offered by a
vendor whose performance has been determined unsatisfactory by the
district.

22108. The district may adopt additional rules and regulations
consistent with the provisions of this chapter.

22109. Any contract for electronic data-processing goods and
services, to be manufactured or performed by the contractor
especially for the district and not suitable for sale to others in
the ordinary course of the contractor's business, may provide for
such terms and conditions as the district deems necessary to protect
its interests including, but not limited to, progress payments as the
work is performed, provided that at least 10 percent of the contract
price is required to be withheld until final delivery and acceptance
of the goods or services, and that the contractor is required to
submit a performance bond of at least one-half the total payable
under the contract.