Section 20916.3 Of Article 60. Bridge And Highway Districts From California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 60.
20916.3
. (a) The Legislature finds and declares that the award of
purchase contracts by the Golden Gate Bridge, Highway and
Transportation District under competitive bid procedures may not be
feasible for products and materials which are undergoing rapid
technological changes or for the introduction of new technologies
into district operations. Under these circumstances, it is in the
public interest to consider the broadest possible range of competing
products and materials available, fitness of purpose, manufacturer's
warranty, performance reliability, delivery timetables, vendor
financing, support logistics, and other similar factors in addition
to price in the award of these contracts.
(b) Notwithstanding any other provision of law, the board may
direct the purchase of the specialized equipment specified in
subdivision (g) by competitive negotiation upon a finding, by a
two-thirds vote of the membership of the board, that the purchase of
that equipment pursuant to laws otherwise applicable to the purchase
is not feasible or in the public interest.
(c) Competitive negotiation, for the purposes of this section,
includes, but is not limited to, all of the following requirements:
(1) A request for proposals shall be prepared and submitted to an
adequate number of qualified sources, as determined by the board, to
permit reasonable competition consistent with the nature and
requirements of the procurement. In addition, notice of the request
for proposals shall be published at least twice in a newspaper of
general circulation, at least 10 days before the date for receipt of
the proposals. The board shall make every effort 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 proposals is received.
(2) A request for proposals shall identify all significant
evaluation factors, including price, and their relative importance.
(3) The board shall provide reasonable procedures for technical
evaluation of the proposals received, identification of qualified
sources, and selection for contract award.
(4) Award shall be made to the qualified proposer whose proposal
will be most advantageous to the district, with price and all other
factors considered. If 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.
(d) The board may reject any and all proposals and request new
proposals, at its discretion.
(e) Upon making an award to a qualified proposer, the board, upon
request, shall make available to all other proposers and to the
public, an analysis of the award which provides the basis for the
selection of that particular qualified proposal.
(f) 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 proposals
shall be filed with the board within 10 calendar days after the
request for proposals is first advertised in accordance with
subdivision (b). The board 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 board 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 board 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, or 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.
(g) This section applies only to the purchase by the district of
computers, telecommunications equipment, automated toll and fare
collection equipment, microwave equipment, and other related
electronic equipment and apparatus. This section does not apply to
contracts for construction or for the procurement of any product
available in substantial quantities to the general public.
(h) 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.