California Public Contract Code

§ 20355.7

PCC § 20355.7 Effective Jan 1, 2003Div. 2 · Part 3 · Ch. 1 · Art. 21.5

Statute text

(a)Notwithstanding any other provision of law, the governing board of the Sonoma-Marin Area Rail Transit District may direct the purchase of (1) electronic equipment, including, but not limited to, computers, telecommunications equipment, fare collection equipment, radio and microwave equipment, and other related electronic equipment and apparatus used in rail transit operations; and (2) specialized rail transit equipment, including, but not limited to, rail cars, by competitive negotiation upon a finding by two-thirds of all members of the board that the purchase of that equipment in compliance with provisions of this code generally applicable to the purchase does not constitute a method of procurement adequate for the district’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.

(b)Competitive negotiation, for the purposes of this section, shall include, as a minimum, all of the following elements:

(1)A request for proposal shall be prepared and submitted to an adequate number of qualified sources, as determined by the district in its discretion, to permit reasonable competition consistent with the nature and requirements of the procurement. In addition, notice of the request for proposal shall be published at least once in a newspaper of general circulation, which publication shall be made at least 10 days before the proposals are received. The district shall make reasonable efforts to generate the maximum feasible number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiate if only a single response to the request for proposal is received.

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Legislative history

Added by Stats. 2002, Ch. 341, Sec. 3. Effective January 1, 2003.