Article 21.5. Sonoma-marin Area Rail Transit District of California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 21.5.
The provisions of this article shall apply to contracts by
the Sonoma-Marin Area Rail Transit District, as provided for in Part
16 (commencing with Section 105000) of Division 10 of the Public
The purchase of all supplies, equipment, and materials
when the expenditure required exceeds forty thousand dollars
($40,000), and the construction of facilities and works when 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 a newspaper of general
circulation. This publication shall be made at least 10 days before
the bids are received. The district may reject any and all bids and
readvertise in its discretion.
If after rejecting bids the district determines that the
supplies, equipment, and materials may be purchased at a lower price
in the open market, the district 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 two-thirds 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).
(a) Upon determining that immediate remedial measures are
necessary to avert or alleviate damage to property of the district or
to repair or restore damaged or destroyed property of the district
in order to ensure that the facilities of the district are available
to serve the transportation needs of the general public, and upon
determining that available remedial measures, including procurement
in compliance with Sections 20355, 20355.1, 20355.2, and 20355.3 are
inadequate, the general manager may authorize the expenditure of
money previously appropriated specifically by the board for the
direct purchases of goods and services, 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 the action.
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.
Notwithstanding Section 20355.1, and upon a finding by
two-thirds of all members of the board that the proposed purchase in
compliance with Sections 20355.1 and 20355.2 does not constitute a
method of procurement adequate for the operation of district
facilities or equipment, the board may direct the procurement of
prototype equipment or modifications in an amount sufficient to
conduct and evaluate operational testing without further observance
of any provisions requiring contracts, bids, or notice.
(a) Notwithstanding any other provision of law, the
governing board of the Sonoma-Marin Area Rail Transit District may
direct the purchase of (1) electronic equipment, including, but not
limited to, computers, telecommunications equipment, fare collection
equipment, radio and microwave equipment, and other related
electronic equipment and apparatus used in rail transit operations;
and (2) specialized rail transit equipment, including, but not
limited to, rail cars, by competitive negotiation upon a finding by
two-thirds of all members of the board that the purchase of that
equipment in compliance with provisions of this code generally
applicable to the purchase does not constitute a method of
procurement adequate for the district's needs. This section does not
apply to contracts for construction or for the procurement of any
product available in substantial quantities to the general public.
(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 to an
adequate number of qualified sources, as determined by the district
in its discretion, to permit reasonable competition consistent with
the nature and requirements of the procurement. In addition, notice
of the request for proposal shall be published at least once in a
newspaper of general circulation, which publication shall be made at
least 10 days before the proposals are received. The district shall
make reasonable efforts 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 proposal is received.
(2) The request for proposal shall identify significant evaluation
factors, including price, and their relative importance.
(3) The district shall provide reasonable procedures for technical
evaluation of the proposals received, identification of qualified
sources, and selection for contract award.
(4) The award shall be made to the qualified bidder whose proposal
will be most advantageous to the district with price and other
factors considered. If the 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.
(c) The board may reject any and all proposals and request new
proposals at its discretion.
(d) A person who submits, or who plans to submit, a proposal may
protest any acquisition conducted in accordance with this section as
(1) Protests based on the content of the request for proposal
shall be filed with the district within 10 calendar days after the
request for proposal is first advertised in accordance with
subdivision (b). The district 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 district 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 district 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, 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.
(e) 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