2023 California Code › Public Contract Code - PCC › DIVISION 2 - GENERAL PROVISIONS › PART 2 - CONTRACTING BY STATE AGENCIES › CHAPTER 2 - State Acquisition of Goods and Services › ARTICLE 3 - Competitive Bidding and Other Acquisition Procedures › Section 10326.3.

10326.3. (a) As used in this section, “best value procurement” means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:
(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.
(2) Product performance, productivity, and safety standards.
(3) The supplier’s ability to perform to the contract requirements.
(4) Environmental benefits, including reduction of greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.
(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.
(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of all criteria other than price shall be completed before the opening of price information.
(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support of the protest.
(e) By March 1, 2024, the department shall post on its internet website a report including a description of its use of the best value procurement method authorized by this section. The report shall contain, to the extent feasible, the suppliers’ commitments to providing jobs that lead to economic growth, equity, prosperity, and environmental improvements. Data related to these commitments may include, but are not limited to, improvements in job quality and access for underrepresented communities, meeting the skills and profitability needs of employers, and meeting the economic, social, and environmental needs of the community.
(f) This section shall become inoperative on June 30, 2025, and as of January 1, 2026, is repealed.
(Added by Stats. 2022, Ch. 570, Sec. 14. (AB 157) Effective September 27, 2022. Inoperative June 30, 2025, by its own provisions. Repealed as of January 1, 2026, by its own provisions.)