Section 120222 - Flexible contracting process to maximize efficient use of public funds(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 may 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 fifty thousand dollars ($150,000), 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 equals or exceeds five thousand dollars ($5,000) and is less than one hundred fifty thousand dollars ($150,000), 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 fifty thousand dollars ($150,000), that will not be performed by an entity described in Section 120221.5, and that are not within a 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 evaluate price as a consideration. When the expected amount of the service contract equals or exceeds five thousand dollars ($5,000) and does not exceed one hundred fifty thousand dollars ($150,000), 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, and construction project management services that are in excess of one hundred fifty thousand dollars ($150,000) in accordance with Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.(e)Notwithstanding 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.Ca. Pub. Util. Code § 120222
Amended by Stats 2022 ch 110 (AB 1833),s 1, eff. 1/1/2023.Added by Stats 2005 ch 557 (SB 959),s 10, eff. 10/5/2005.Repealed by Stats 2005 ch 557 (SB 959),s 9, eff. 10/5/2005.Amended by Stats 2000 ch 1035 (SB 1403), s 2.2, eff. 1/1/2001.Amended by Stats 2001 ch 825 (SB 290), s 5.2, eff. 1/1/2002.