CA Pub Util Code Section 12751.3

(a)

The purpose of this section is to provide affected districts with an alternative acquisition process that will result in reduced costs to ratepayers. Notwithstanding Section 12751, when the expenditure for the purchase of supplies and materials exceeds fifty thousand dollars ($50,000) and the district determines that ratepayers reasonably can expect a net benefit in the cost of district services, the district may provide for the purchase of the supplies and materials by contract let in accordance with best value at the lowest cost acquisition policies adopted by the board pursuant to this section.

(b)

The best value at the lowest cost acquisition policies adopted pursuant to subdivision (a) shall include the following:

(1)

Price and service level proposals that reduce the district’s overall operating costs.

(2)

Supplies and materials standards that support the district’s strategic supplies and materials acquisition and management program direction.

(3)

A procedure for protest and resolution.

(c)

For purposes of this section, “best value at the lowest cost acquisition” means a competitive procurement process whereby the award of a contract for supplies and materials may take into consideration any of the following factors:

(1)

The total cost to the district of its use or consumption of supplies and materials.

(2)

The operational cost or benefit incurred by the district as a result of the contract award.

(3)

The value to the district of vendor-added services.

(4)

The quality, effectiveness, and innovation of supplies, materials, and services.

(5)

The reliability of delivery or installation schedules.

(6)

The terms and conditions of product warranties and vendor guarantees.

(7)

The financial stability of the vendor.

(8)

The vendor’s quality assurance program.

(9)

The vendor’s experience with the provision of supplies, materials, and services.

(10)

The consistency of the vendor’s proposed supplies, materials, and services with the district’s overall supplies and materials procurement program.

(11)

The economic benefits to the general community related to job creation or retention.

(d)

If a district that did not purchase supplies and materials by contract let pursuant to this section before January 1, 2006, elects to purchase supplies and materials by contract, let in accordance with best value acquisition policies adopted by the board pursuant to this section, the district shall submit a report to the Legislative Analyst on or before January 1, 2011. The district shall include in the report a summary of the costs and benefits of best value acquisition compared to traditional low bid procurement practices. The report shall also include statistics showing the number of contracts awarded to small businesses, minority-owned businesses, and new businesses and the number of years each contract awardee had been in business. The report shall also include an analysis of the effects of best value procurement practices on these businesses, the nature of any disputes arising from the use of best value procurement practices, and the status of those disputes. On or before April 1, 2011, the Legislative Analyst shall report to the Legislature on the use of “best value at lowest cost acquisition” procurement practices used by municipal utility districts, and recommend whether to modify this section and extend the authority of additional districts to elect to purchase supplies and materials by contract let in accordance with best value acquisition policies, beyond January 1, 2012.

(e)

The district shall ensure that all businesses have a fair and equitable opportunity to compete for, and participate in, district contracts and shall also ensure that discrimination in the award and performance of contracts does not occur on the basis of marital status, ancestry, medical condition, any characteristic listed or defined in Section 11135 of the Government Code, or retaliation for having filed a discrimination complaint in the performance of district contractual obligations.

(f)

A district that did not purchase supplies and materials by contract let pursuant to this section before January 1, 2006, shall not purchase supplies and materials by contract let pursuant to this section after January 1, 2012.