Section 20355.7 Of Article 21.5. Sonoma-marin Area Rail Transit District From California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 21.5.
20355.7
. (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
follows:
(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
successful bidder.