AB 3177: North County Transit District: contracting.

Existing law provides for creation of the North County Transit District, with various powers and duties relative to the planning and operation of a transit system in north San Diego County. Existing law authorizes the district to make contracts and to do all acts necessary and convenient for the full exercise of the districts powers in that regard.

The Uniform Public Construction Cost Accounting Act authorizes a public agency, upon the election of its governing board, by resolution, to become subject to uniform construction cost accounting procedures. The act authorizes public projects of $45,000 or less to be performed by the employees of a public agency, authorizes public projects of $175,000 or less to be let to contract by informal procedures, and requires public projects of more than $175,000 to be let to contract by formal bidding procedures.

This bill would authorize the district to opt in to the Uniform Public Construction Cost Accounting Act.

This bill would revise and recast the districts authority to enter into other contracts, which, under existing law, generally requires contracts for the purchase of supplies, equipment, and material that exceed $50,000 to be awarded to the lowest responsible bidder. The bill would require the board to maintain acquisition and contracting guidelines and to comply with those guidelines in the procurement of all goods and services. The bill would, among other things, generally require contracts for the acquisition or lease of materials, supplies, or equipment with an expected cost that exceeds $100,000, as authorized by the board, to be made or entered into with the lowest responsible bidder, and would require the board to use a district-approved competitive procurement process in other circumstances. The bill would enact other provisions governing contracts for the acquisition of certain services. The bill would authorize negotiated procurements in certain cases.

This bill would authorize the board to purchase supplies, equipment, or materials in the open market, in certain circumstances, and would authorize the executive director of the board to make expenditures of certain moneys to avert or alleviate damage to, or to repair or restore the damaged or destroyed property of, the district that are necessary to ensure that the districts facilities are available to serve the transportation needs of the general public or to comply with any state or federal regulation with respect to the operation of public transportation services. The bill would also specify procedures for single source procurement.

This bill would authorize a person who submits, or who plans to submit, a proposal in response to a procurement solicitation to protest acquisitions conducted pursuant to some of the processes described above.

Because this bill would impose new duties on local public officials, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.