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AB-963 State contracts: request for proposal: procedures.(2013-2014)

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Amended  IN  Assembly  March 20, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 963


Introduced by Assembly Member Levine

February 22, 2013


An act to amend Sections 10344 and 12400 of the Public Contract Code, relating to state contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 963, as amended, Levine. State contracts: request for proposal: procedures.
Existing law governs contracting between state agencies and private contractors, and sets forth requirements for the procurement of materials, supplies, equipment, and services, and the acquisition of information technology goods and services by state agencies.
This bill would require a bidder’s record of environmentally preferable purchasing, as defined, to be a factor in awarding a contract under a request for proposal, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 10344 of the Public Contract Code is amended to read:

10344.
 (a) Contracts subject to this article may be awarded under a procedure that makes use of a request for proposal. State agencies that use this procedure shall include in the request for proposal a clear, precise description of the work to be performed or services to be provided, a description of the format that proposals shall follow and the elements they shall contain, the standards the agency will use in evaluating proposals, the date on which proposals are due and the timetable the agency will follow in reviewing and evaluating them.
State agencies that use a procedure that makes use of a request for proposal shall evaluate proposals and award contracts pursuant to subdivision (b) or (c). A proposal shall not be considered if it has not been received at the place, and before the closing time, stated in the request for proposal.
(b) State agencies that use the evaluation and selection procedure in this subdivision shall include in the request for proposal, in addition to the information required by subdivision (a), a requirement that bidders submit their proposals with the bid price and all cost information in a separate, sealed envelope.
Proposals shall be evaluated and the contract awarded in the following manner:
(1) All proposals received shall be reviewed to determine those that meet the format requirements and the standards specified in the request for proposal.
(2) The sealed envelopes containing the bid price and cost information for those proposals that meet the format requirements and standards shall then be publicly opened and read.
(3) The contract shall be awarded to the lowest responsible bidder meeting the standards.
(4) (A) If there is a tie for the lowest responsible bidder, the awarding agency shall select the bidder with a superior record of environmentally preferable purchasing as defined in Section 12400.
(B) If the bid price of the lowest responsible bidder is not more than 3% lower than the second lowest bid price, the awarding agency shall select, among the bidders with the lowest and second lowest bid price, the bidder with a superior record of environmentally prefeable purchasing as defined in Section 12400. In the event that the bidders with the lowest and second lowest bid price have a record of environmentally preferable purchasing, the awarding agency shall select the lowest responsible bidder.
(c) State agencies that use the evaluation and selection procedure in this subdivision shall include in the request for proposal, in addition to the information required by subdivision (a), a description of the methods that will be used in evaluating and scoring the proposals. Any evaluation and scoring method shall ensure that substantial weight in relationship to all other criteria used shall be given to the contract price proposed by the bidder.
Proposals shall be evaluated and the contract awarded in the following manner:
(1) All proposals shall be reviewed to determine which meet the format requirements specified in the request for proposal.
(2) All proposals meeting the formal requirements shall then be submitted to an agency evaluation committee which shall evaluate and score the proposals using the methods specified in the request for proposal. All proposals and all evaluation and scoring sheets shall be available for public inspection at the conclusion of the committee scoring process. The agency evaluation committee shall consider a bidder’s environmentally preferable purchasing as defined in Section 12404 12400.
(3) The contract shall be awarded to the bidder whose proposal is given the highest score by the evaluation committee.
(d) This section shall not require the awarding of the contract if no proposals are received containing bids offering a contract price that in the opinion of the state agency is a reasonable price.
(e) (1) In addition to the information required by subdivision (a), a request for proposal for a contract that involves the furnishing of equipment, materials, or supplies shall contain the following statement:

“It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.”

(2) On and after March 31, 2010, and until December 31, 2011, if a request for proposal does not contain the statement required by paragraph (1), the awarding agency shall report this error to the department within 30 days of the date the awarding agency discovers this error.
(3) The department shall post in the State Contracting Manual instructions for including the statement required by paragraph (1) in all affected contracts.
(4) The statement required by paragraph (1) shall be deemed to be part of a request for proposal even if the statement is inadvertently omitted from the request for proposal.
(f) A bidder shall be subject to Section 12404 12400 if the bidder includes environmentally preferable purchasing as part of his or her proposal.

SEC. 2.

 Section 12400 of the Public Contract Code is amended to read:

12400.
 For purposes of this chapter, “environmentally preferable purchasing” means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose. This comparison shall take into consideration, to the extent feasible, among other things, raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, safety, the needs of the purchaser, and cost.