Bill Text: CA SB1268 | 2015-2016 | Regular Session | Introduced

California Senate Bill 1268 (Prior Session Legislation)

Introduced

Bill Title: Department of Forestry and Fire Protection: competitive bidding: emergency equipment rental.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1268 Detail]

Download: California-2015-SB1268-Introduced.html

BILL NUMBER: SB 1268	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Nielsen

                        FEBRUARY 18, 2016

   An act to add Section 10340.5 of the Public Contract Code,
relating to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1268, as introduced, Nielsen. Department of Forestry and Fire
Protection: competitive bidding: emergency equipment rental.
   Existing law generally requires state agencies to obtain at least
3 competitive bids for each contract. Under existing law, this
requirement does not apply under certain circumstances, including,
among others, in cases of emergency where a contract is necessary for
the immediate preservation of the public health, welfare, or safety,
or protection of state property.
   This bill would establish specific procedures to govern bidding
for emergency equipment rental agreements entered into by the
Department of Forestry and Fire Protection (CalFire) and private
vendors and the subsequent hiring of vendors. The bill would require
that such an agreement be subject to competitive bidding, and awarded
as prescribed. The bill would require that the Department of General
Services conduct the competitive bidding process on behalf of
CalFire, and ensure compliance with the Small Business Procurement
and Contract Act and the California Disabled Veteran Business
Enterprise Program for all prospective vendors claiming a preference.
The bill would require CalFire to develop and implement an employee
code of conduct.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10340.5 is added to the Public Contract Code,
to read:
   10340.5.  (a) As used in this section:
   (1) "CalFire" means the Department of Forestry and Fire
Protection.
   (2) "Emergency equipment rental agreement" or "EERA" means a
preincident equipment rental agreement entered into by CalFire and a
private vendor that becomes binding after dispatch.
   (b) Notwithstanding paragraph (1) of subdivision (b) of Section
10340, an emergency equipment rental agreement is subject to the
requirement of subdivision (a) of Section 10340 to secure at least
three competitive bids or proposals for a contract.
   (c) A prospective vendor for an EERA shall offer rental rates and
terms to provide his or her own equipment to the state in the event
of a fire or other emergency.
   (d) The term of an EERA entered into on or after January 1, 2017,
shall be for a 3-year period that commences on May 1. A vendor shall
update his or her rental rates by May 1 of each year during the term
of the agreement.
   (e) Because the equipment needs of the state and the availability
of vendor-offered equipment during an emergency incident cannot be
determined in advance, there shall be no guarantee by the state of
any actual rental of vendor-offered equipment, nor shall any vendor
be required to furnish offered equipment under the EERA.
   (f) CalFire employees, their family members, or any associate
thereof participating in any financial venture with CalFire employees
shall not participate in emergency equipment rental procurement.
   (g) The department shall conduct the competitive bidding process
on behalf of CalFire. The department shall ensure compliance with the
Small Business Procurement and Contract Act (Chapter 6.5 (commencing
with Section 14835) of Part 5.5 of Division 3 of Title 2 of the
Government Code) and the California Disabled Veteran Business
Enterprise Program (Article 6 (commencing with Section 999) of
Chapter 6 of Division 4 of the Military and Veterans Code) for all
prospective vendors claiming a preference.
   (h) After all offers have been received, the department shall
compile vendor lists of each bid item listing the low bidder first
and each next highest bidder in succession, taking into account the
bid preferences allowed under existing law.
   (i) There shall be a separate bid item list for each size, type,
and configuration of offered equipment. The department shall provide
CalFire with copies of the completed lists.
   (j) Any substitution, addition, or deletion of vendor-offered
equipment shall be approved by the department prior to rental by the
state.
   (k) CalFire shall inspect vendor equipment, provide safety
training for equipment operators, hire vendors from the department
lists, provide adequate supervision of hired equipment, and process
vendor invoices in a timely manner.
   (l) When the need for rental equipment arises, CalFire shall
contact vendors with an applicable EERA in succession, beginning with
the low bidder and continuing on with each next highest bidder.
   (m) CalFire shall conduct all hiring of emergency equipment
vendors at a single centralized location, from which vendors may be
subsequently dispatched. If CalFire determines it to be feasible, the
hiring pursuant to this subdivision shall be at a emergency command
center located in Sacramento. Nothing in this subdivision precludes
CalFire from dispatching vendors from another location if CalFire
maintains a single point of hire for all vendors.
   (n) CalFire shall develop and implement an employee code of
conduct with the following minimum requirements:
   (1) CalFire shall develop a zero-tolerance policy for state
employees who harass vendors or their personnel.
   (2) CalFire shall develop a zero-tolerance policy for state
employees accepting gratuities from vendors, or exhibiting favoritism
towards vendors.