Section 120222 Of Article 2. Contracts From California Public Utilities Code >> Division 11. >> Chapter 4. >> Article 2.
120222
. (a) The Legislature finds and declares that a compelling
interest exists in ensuring that all federal, state, local, and
private funds available to the board are captured and used in a
timely manner. In order to maximize the use of federal, state, local,
and private funds and to maintain a competitive posture in seeking
supplemental federal funds, the board shall have the authority to
establish and use a flexible contracting process to maximize its
efficient use of public funds.
(b) Except in cases when an article of a specified brand or trade
name is the only article that will properly meet the needs of the
board or in an emergency declared by the vote of two-thirds of the
membership of the board, all contracts for the acquisition or lease
of materials, supplies, or equipment in an amount of one hundred
thousand dollars ($100,000), or in excess of that amount as
authorized by the board, shall be made or entered into with the
lowest responsible bidder meeting specifications. For purposes of
determining the lowest bid, the amount of sales tax shall be excluded
from the total amount of the bid. When the expected purchase amount
of the contract exceeds five thousand dollars ($5,000) and does not
exceed one hundred thousand dollars ($100,000), the board shall seek
a minimum of three quotations, either written or oral, to permit
comparison of prices and other terms.
(c) Except in cases of an emergency declared by the vote of
two-thirds of the membership of the board, the board shall for all
contracts for the acquisition of services that exceed one hundred
thousand dollars ($100,000), that will not be performed by an entity
described in Section 120221.5, and that are not within the category
of services defined in Section 4525 of the Government Code, solicit
bids in writing and award the contract in a competitive procurement
process that is in the best interest of the board, including, but not
limited to, a negotiated procurement that may or may not evaluate
price as a consideration. When the expected amount of the service
contract exceeds five thousand dollars ($5,000) and does not exceed
one hundred thousand dollars (100,000), the board shall seek a
minimum of three quotations, either written or oral, to permit
comparison of prices and other terms.
(d) The board shall award contracts for architectural, landscape
architectural, engineering, environmental, land surveying services,
and construction project management services that are in excess of
one hundred thousand dollars ($100,000) in accordance with the
provisions of Chapter 10 (commencing with Section 4525) of Division 5
of Title 1 of the Government Code.
(e) Notwithstanding any other provisions of this chapter, the
board may use any procurement method authorized for state or local
agencies under state or federal law, including, but not limited to, a
competitive negotiation process in accordance with the provisions of
Article 7.5 (commencing with Section 20216) of Chapter 1 of Part 3
of Division 2 of the Public Contract Code. The board shall maintain
acquisition and contracting guidelines and comply with those
guidelines in the procurement of all goods and services.
(f) Provisions in any federally funded contract concerning
disadvantaged business enterprises that are in accordance with the
request for proposals shall not be subject to negotiation with the
successful bidder.