Article 7. Transit Districts—alameda And Contra Costa Counties of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 7.
The provisions of this article shall apply to contracts by
transit districts in the counties of Alameda or Contra Costa, as
provided for in Part 1 (commencing with Section 24501) of Division 10
of the Public Utilities Code.
(a) The purchase of all supplies, equipment, and materials,
when the expenditure required exceeds one hundred thousand dollars
($100,000), 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) The construction of facilities and works, when the expenditure
exceeds ten thousand dollars ($10,000), shall be by contract let to
the lowest responsible bidder.
(d) 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 bids are received. The board may reject any and all bids and
readvertise in its discretion.
If after rejecting bids the board determines and declares by
a four-fifths vote of all its members that in its opinion the
supplies, equipment and materials may be purchased at a lower price
in the open market, the board may proceed to purchase the supplies,
equipment and materials in the open market without further observance
of the provisions requiring contracts, bids, or notice.
In case of an emergency, the board may, by resolution passed
by a four-fifths vote of all 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 the emergency without observance of the
provisions requiring contracts, bids, or notice. If notice for bids
to let contracts will not be given, the board shall also comply with
Chapter 2.5 (commencing with Section 22050).
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:
(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.