Assembly Bill 2224 - Sonoma Marin Area Rail Transit - Home Page

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AB 2224 — 4 —12345678910111213141516171819202122232425262728293031323334353637383940protest procedures, and method of contract award. The agencyshall also keep a complete record of its actions on eachprocurement.(g) For purposes of this section and Sections 20217, 20229.1,20231.5, and 20916.3 of this code and Sections 120224.4 and130238 of the Public Utilities Code, ‘‘competitive negotiation’’means a procurement process used by an agency in lieu of acompetitive sealed bid process when conditions are notappropriate for the use of sealed bids, and that permits theconsideration of price, technical experience, past performance,management, or other factors in selecting the most cost-effectiveproposal for the manufacture and delivery of specified goods,transit vehicles, or equipment. The process includes negotiationswith manufacturers or providers after the receipt of initialproposals during which performance or technical standards andother criteria may be revised in order to secure proposals mostadvantageous to the purchasing agency or to cure any deficienciescontained in the original proposals.SEC. 3. Article 21.5 (commencing with Section 20355) isadded to Chapter 1 of Part 3 of Division 2 of the Public ContractCode, to read:Article 21.5.Sonoma-Marin Area Rail Transit District20355. The provisions of this article shall apply to contractsby the Sonoma-Marin Area Rail Transit District, as provided forin Part 16 (commencing with Section 105000) of Division 10 ofthe Public Utilities Code.20355.1. The purchase of all supplies, equipment, andmaterials when the expenditure required exceeds forty thousanddollars ($40,000), and the construction of facilities and workswhen 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 anewspaper of general circulation. This publication shall be madeat least 10 days before the bids are received. The district may rejectany and all bids and readvertise in its discretion.20355.2. If after rejecting bids the district determines that thesupplies, equipment, and materials may be purchased at a lowerprice in the open market, the district may proceed to purchase the93
123456789101112131415161718192021222324252627282930313233343536373839—5—AB 2224supplies, equipment, and materials in the open market withoutfurther observance of the provisions requiring contracts, bids, ornotice.20355.3. In case of an emergency, the board may, byresolution passed by a two-thirds vote of all its members, declareand determine that public interest and necessity demand theimmediate expenditure of public money to safeguard life, health,or property, and thereupon proceed to expend or enter into acontract involving the expenditure of any sum needed in theemergency without observance of the provisions requiringcontracts, bids, or notice. If notice for bids to let contracts will notbe given, the board shall also comply with Chapter 2.5(commencing with Section 22050).20355.4. (a) Upon determining that immediate remedialmeasures are necessary to avert or alleviate damage to property ofthe district or to repair or restore damaged or destroyed propertyof the district in order to ensure that the facilities of the district areavailable to serve the transportation needs of the general public,and upon determining that available remedial measures, includingprocurement in compliance with Sections 20355, 20355.1,20355.2, and 20355.3 are inadequate, the general manager mayauthorize the expenditure of money previously appropriatedspecifically by the board for the direct purchases of goods andservices, without observance of the provisions of those sections.(b) The general manager shall, after any such expenditure,submit to the board a full report explaining the necessity for theaction.20355.5. All bids for construction work shall be presentedunder sealed cover and shall be accompanied by one of thefollowing 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 anunsuccessful bidder shall be returned in a reasonable period oftime, but in no event shall that security be held by the districtbeyond 60 days from the time the award is made.93
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Assembly Bill 2224 - Sonoma Marin Area Rail Transit - Home Page

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