California Public Contract Code

§ 20217

PCC § 20217 Effective Jan 1, 2000Div. 2 · Part 3 · Ch. 1 · Art. 7.5

Statute text

(a)The Legislature finds and declares that the award of purchase contracts by transit agencies under competitive bid procedures may not be feasible for products and materials that are undergoing rapid technological changes or for the introduction of new technologies into agency operations, and that in these circumstances it is in the public interest to consider the broadest possible range of competing products and materials available, fitness of purpose, manufacturer’s warranty, vendor financing, performance reliability, standardization, life cycle costs, delivery timetables, support logistics, and other similar factors in addition to price in the award of these contracts.

(b)Notwithstanding any other provision of law, the governing board of a transit district, city, county, city and county, or transportation agency may direct the purchase of (1) computers, telecommunications equipment, fare collection equipment, radio and microwave equipment, and other related electronic equipment and apparatus used in transit operations ; (2) specialized rail transit equipment, including, but not limited to, railcars; (3) buses; and (4) passenger ferries, by competitive negotiation upon a finding by two-thirds vote of all members of the board that the purchase of those products or materials in compliance with provisions of this code generally applicable to the purchase does not constitute a method of procurement adequate for the agency’s needs. This section does not apply to contracts for construction or for the procurement of any product available in substantial quantities to the general public.

(c)Competitive negotiation, for the purposes of this section includes, but is not limited to, all of the following requirements:

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Legislative history

Added by Stats. 1999, Ch. 101, Sec. 2. Effective January 1, 2000.