Section 11112.5 Of Article 3.5. Fingerprints And Photographs From California Penal Code >> Title 1. >> Part 4. >> Chapter 1. >> Article 3.5.
11112.5
. (a) Costs for equipment purchases based upon the master
plan approved by the Attorney General, including state sales tax,
freight, insurance, and installation, shall be prorated between the
state and local governmental entity. The state's share shall be 70
percent. The local government's share shall be 30 percent, paid in
legal tender. Purchases may be made under the existing Cal-ID
contract through the Department of General Services.
(b) Alternatively, at the discretion of the local board, an
independent competitive procurement may be initiated under the
following conditions:
(1) Prior to submitting a bid in an independent procurement, any
prospective bidder must demonstrate the ability to meet or exceed
performance levels established in the existing Cal-ID contract and
demonstrate the ability to interface with Cal-ID and meet or exceed
performance levels established in the existing Cal-ID contract
without degrading the performance of the Cal-ID system.
(2) Both qualifying benchmarks will be at the prospective bidder's
expense and will be conducted by the Department of Justice.
(3) In the event that no vendor other than the existing contract
vendor qualifies to bid, purchases shall be made by the Department of
General Services on behalf of local agencies pursuant to the
existing Cal-ID contract.
(c) Competitive local procurements must adhere to the following
guidelines:
(1) Administrative requirements contained within Section 5200 of
the State Administrative Manual shall be met.
(2) Local procurements shall not increase the costs the state
would otherwise be obligated to pay.
(3) Final bids submitted in an independent procurement shall
contain a signed contract that represents an irrevocable offer that
does not materially deviate from the terms and conditions of the
existing Cal-ID contract.
(4) The selected vendor shall post a performance bond in an amount
equal to 25 percent of the local equipment costs. The bond shall
remain in effect until the local acceptance test has been
successfully completed.
(5) Requests for tender, including contract language, shall be
approved by the Department of General Services prior to release. The
Department of General Services and the Department of Justice shall be
represented on the evaluation and selection team.
(d) The local government agency shall be responsible for all costs
related to conducting a local bid, site preparation, equipment
maintenance, ongoing operational costs, file conversion over and
above those records that are available on magnetic media from the
Department of Justice, and equipment enhancements or systems design
which exceed the basic design specifications of the Department of
Justice. The state shall provide sufficient circuitry to each county,
or group of counties to handle all fingerprint data traffic. The
state shall provide for annual maintenance of that line.