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

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AB 2224 — 6 —1234567891011121314151617181920212223242526272829303132333435363738394020355.6. Notwithstanding Section 20355.1, and upon afinding by two-thirds of all members of the board that the proposedpurchase in compliance with Sections 20355.1 and 20355.2 doesnot constitute a method of procurement adequate for the operationof district facilities or equipment, the board may direct theprocurement of prototype equipment or modifications in anamount sufficient to conduct and evaluate operational testingwithout further observance of any provisions requiring contracts,bids, or notice.20355.7. (a) Notwithstanding any other provision of law, thegoverning board of the Sonoma-Marin Area Rail Transit Districtmay direct the purchase of (1) electronic equipment, including, butnot limited to, computers, telecommunications equipment, farecollection equipment, radio and microwave equipment, and otherrelated electronic equipment and apparatus used in rail transitoperations; and (2) specialized rail transit equipment, including,but not limited to, rail cars, by competitive negotiation upon afinding by two-thirds of all members of the board that the purchaseof that equipment in compliance with provisions of this codegenerally applicable to the purchase does not constitute a methodof procurement adequate for the district’s needs. This section doesnot apply to contracts for construction or for the procurement ofany product available in substantial quantities to the generalpublic.(b) Competitive negotiation, for the purposes of this section,shall include, as a minimum, all of the following elements:(1) A request for proposal shall be prepared and submitted toan adequate number of qualified sources, as determined by thedistrict in its discretion, to permit reasonable competitionconsistent with the nature and requirements of the procurement. Inaddition, notice of the request for proposal shall be published atleast once in a newspaper of general circulation, which publicationshall be made at least 10 days before the proposals are received.The district shall make reasonable efforts to generate themaximum feasible number of proposals from qualified sourcesand shall make a finding to that effect before proceeding tonegotiate if only a single response to the request for proposal isreceived.(2) The request for proposal shall identify significantevaluation factors, including price, and their relative importance.93
123456789101112131415161718192021222324252627282930313233343536373839—7—AB 2224(3) The district shall provide reasonable procedures fortechnical evaluation of the proposals received, identification ofqualified sources, and selection for contract award.(4) The award shall be made to the qualified bidder whoseproposal will be most advantageous to the district with price andother factors considered. If the award is not made to the bidderwhose proposal contains the lowest price, the board shall make afinding setting forth the basis for the award.(c) The board may reject any and all proposals and request newproposals at its discretion.(d) A person who submits, or who plans to submit, a proposalmay protest any acquisition conducted in accordance with thissection as follows:(1) Protests based on the content of the request for proposalshall be filed with the district within 10 calendar days after therequest for proposal is first advertised in accordance withsubdivision (b). The district shall issue a written decision on theprotest prior to the opening of proposals. A protest may berenewed by refiling the protest with the district within 15 calendardays after the mailing of the notice of the recommended award.(2) Any bidder may protest the recommended award on anyground not based upon the content of the request for proposals byfiling a protest with the district within 15 calendar days after themailing of the notice of the recommended award.(3) Any protest shall contain a full and complete writtenstatement specifying in detail the grounds of the protest and thefacts supporting the protest. Protestors shall have an opportunityto appear and be heard before the board prior to the opening ofproposals in the case of protests based on the content of the requestfor proposals, prior to final award in the case of protests based onother grounds or the renewal of protests based on the content of therequest for proposals.(e) Provisions in any contract concerning women and minoritybusiness enterprises, which provisions are in accordance with therequest for proposals, shall not be subject to negotiation with thesuccessful bidder.SEC. 4. Part 16 (commencing with Section 105000) is addedto Division 10 of the Public Utilities Code, to read:93
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Assembly Bill 2224 - Sonoma Marin Area Rail Transit - Home Page

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