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| 1 | + | Amended IN Assembly April 18, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1983Introduced by Assembly Member FongFebruary 10, 2022An act to add Section 10326.2 to the Public Contract Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTAB 1983, as amended, Fong. Department of General Services: best value procurement: vehicles and equipment.Existing law generally requires public contracts to be awarded by competitive bidding pursuant to procedures set forth in the Public Contract Code, subject to certain exceptions. Former law, repealed as of January 1, 2022, authorized the Department of General Services to purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, as defined, using specifications and criteria developed in consultation with the Department of Transportation. Former law established requirements for bid evaluation and protest procedures. Former law limited the total value of vehicles and equipment purchased through this best value procurement authorization to $50,000,000 annually. Former law required the Department of General Services to prepare a prescribed evaluation with regard to this process, to be posted on the Department of Transportations internet website.This bill would reenact those best value procurement provisions for heavy mobile fleet vehicles and special equipment, to be operative indefinitely. The bill would omit the $50,000,000 annual cap and the requirement for a prescribed evaluation as included in former law.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 10326.2 is added to the Public Contract Code, to read:10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest.(e)The total value of vehicles and equipment purchased through best value procurement pursuant to this section shall be limited to fifty million dollars ($50,000,000) each fiscal year. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 18, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1983Introduced by Assembly Member FongFebruary 10, 2022An act to add Section 10326.2 to the Public Contract Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTAB 1983, as amended, Fong. Department of General Services: best value procurement: vehicles and equipment.Existing law generally requires public contracts to be awarded by competitive bidding pursuant to procedures set forth in the Public Contract Code, subject to certain exceptions. Former law, repealed as of January 1, 2022, authorized the Department of General Services to purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, as defined, using specifications and criteria developed in consultation with the Department of Transportation. Former law established requirements for bid evaluation and protest procedures. Former law limited the total value of vehicles and equipment purchased through this best value procurement authorization to $50,000,000 annually. Former law required the Department of General Services to prepare a prescribed evaluation with regard to this process, to be posted on the Department of Transportations internet website.This bill would reenact those best value procurement provisions for heavy mobile fleet vehicles and special equipment, to be operative indefinitely. The bill would omit the $50,000,000 annual cap and the requirement for a prescribed evaluation as included in former law.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly April 18, 2022 | |
| 6 | 6 | ||
| 7 | - | Enrolled August 25, 2022 | |
| 8 | - | Passed IN Senate August 23, 2022 | |
| 9 | - | Passed IN Assembly May 25, 2022 | |
| 10 | 7 | Amended IN Assembly April 18, 2022 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Assembly Bill | |
| 15 | 12 | ||
| 16 | 13 | No. 1983 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Assembly Member FongFebruary 10, 2022 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member Fong | |
| 21 | 18 | February 10, 2022 | |
| 22 | 19 | ||
| 23 | 20 | An act to add Section 10326.2 to the Public Contract Code, relating to public contracts. | |
| 24 | 21 | ||
| 25 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 23 | ||
| 27 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 25 | ||
| 29 | - | AB 1983, Fong. Department of General Services: best value procurement: vehicles and equipment. | |
| 26 | + | AB 1983, as amended, Fong. Department of General Services: best value procurement: vehicles and equipment. | |
| 30 | 27 | ||
| 31 | 28 | Existing law generally requires public contracts to be awarded by competitive bidding pursuant to procedures set forth in the Public Contract Code, subject to certain exceptions. Former law, repealed as of January 1, 2022, authorized the Department of General Services to purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, as defined, using specifications and criteria developed in consultation with the Department of Transportation. Former law established requirements for bid evaluation and protest procedures. Former law limited the total value of vehicles and equipment purchased through this best value procurement authorization to $50,000,000 annually. Former law required the Department of General Services to prepare a prescribed evaluation with regard to this process, to be posted on the Department of Transportations internet website.This bill would reenact those best value procurement provisions for heavy mobile fleet vehicles and special equipment, to be operative indefinitely. The bill would omit the $50,000,000 annual cap and the requirement for a prescribed evaluation as included in former law. | |
| 32 | 29 | ||
| 33 | 30 | Existing law generally requires public contracts to be awarded by competitive bidding pursuant to procedures set forth in the Public Contract Code, subject to certain exceptions. Former law, repealed as of January 1, 2022, authorized the Department of General Services to purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, as defined, using specifications and criteria developed in consultation with the Department of Transportation. Former law established requirements for bid evaluation and protest procedures. Former law limited the total value of vehicles and equipment purchased through this best value procurement authorization to $50,000,000 annually. Former law required the Department of General Services to prepare a prescribed evaluation with regard to this process, to be posted on the Department of Transportations internet website. | |
| 34 | 31 | ||
| 35 | 32 | This bill would reenact those best value procurement provisions for heavy mobile fleet vehicles and special equipment, to be operative indefinitely. The bill would omit the $50,000,000 annual cap and the requirement for a prescribed evaluation as included in former law. | |
| 36 | 33 | ||
| 37 | 34 | ## Digest Key | |
| 38 | 35 | ||
| 39 | 36 | ## Bill Text | |
| 40 | 37 | ||
| 41 | - | The people of the State of California do enact as follows:SECTION 1. Section 10326.2 is added to the Public Contract Code, to read:10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest. | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 10326.2 is added to the Public Contract Code, to read:10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest.(e)The total value of vehicles and equipment purchased through best value procurement pursuant to this section shall be limited to fifty million dollars ($50,000,000) each fiscal year. | |
| 42 | 39 | ||
| 43 | 40 | The people of the State of California do enact as follows: | |
| 44 | 41 | ||
| 45 | 42 | ## The people of the State of California do enact as follows: | |
| 46 | 43 | ||
| 47 | - | SECTION 1. Section 10326.2 is added to the Public Contract Code, to read:10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest. | |
| 44 | + | SECTION 1. Section 10326.2 is added to the Public Contract Code, to read:10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest.(e)The total value of vehicles and equipment purchased through best value procurement pursuant to this section shall be limited to fifty million dollars ($50,000,000) each fiscal year. | |
| 48 | 45 | ||
| 49 | 46 | SECTION 1. Section 10326.2 is added to the Public Contract Code, to read: | |
| 50 | 47 | ||
| 51 | 48 | ### SECTION 1. | |
| 52 | 49 | ||
| 53 | - | 10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest. | |
| 50 | + | 10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest.(e)The total value of vehicles and equipment purchased through best value procurement pursuant to this section shall be limited to fifty million dollars ($50,000,000) each fiscal year. | |
| 54 | 51 | ||
| 55 | - | 10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest. | |
| 52 | + | 10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest.(e)The total value of vehicles and equipment purchased through best value procurement pursuant to this section shall be limited to fifty million dollars ($50,000,000) each fiscal year. | |
| 56 | 53 | ||
| 57 | - | 10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest. | |
| 54 | + | 10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.(2) Product performance, productivity, and safety standards.(3) The suppliers ability to perform to the contract requirements.(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest.(e)The total value of vehicles and equipment purchased through best value procurement pursuant to this section shall be limited to fifty million dollars ($50,000,000) each fiscal year. | |
| 58 | 55 | ||
| 59 | 56 | ||
| 60 | 57 | ||
| 61 | 58 | 10326.2. (a) As used in this section, best value procurement means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following: | |
| 62 | 59 | ||
| 63 | 60 | (1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value. | |
| 64 | 61 | ||
| 65 | 62 | (2) Product performance, productivity, and safety standards. | |
| 66 | 63 | ||
| 67 | 64 | (3) The suppliers ability to perform to the contract requirements. | |
| 68 | 65 | ||
| 69 | 66 | (4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials. | |
| 70 | 67 | ||
| 71 | 68 | (b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation. | |
| 72 | 69 | ||
| 73 | 70 | (c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information. | |
| 74 | 71 | ||
| 75 | 72 | (d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest. | |
| 73 | + | ||
| 74 | + | (e)The total value of vehicles and equipment purchased through best value procurement pursuant to this section shall be limited to fifty million dollars ($50,000,000) each fiscal year. |