Section 12102.2 Of Chapter 3. Acquisition Of Information Technology Goods And Services From California Public Contract Code >> Division 2. >> Part 2. >> Chapter 3.
12102.2
. (a) Contract awards for all large-scale systems
integration projects shall be based on the proposal that provides the
most value-effective solution to the state's requirements, as
determined by the evaluation criteria contained in the solicitation
document. Evaluation criteria for the acquisition of information
technology goods and services, including systems integration, shall
provide for the selection of a contractor on an objective basis not
limited to cost alone.
(1) The Department of Technology shall invite active
participation, review, advice, comment, and assistance from the
private sector and state agencies in developing procedures to
streamline and to make the acquisition process more efficient,
including, but not limited to, consideration of comprehensive
statements in the request for proposals of the business needs and
governmental functions, access to studies, planning documents,
feasibility study reports and draft requests for proposals applicable
to solicitations, minimizing the time and cost of the proposal
submittal and selection process, and development of a procedure for
submission and evaluation of a single proposal rather than multiple
proposals.
(2) Solicitations for acquisitions based on evaluation criteria
other than cost alone shall provide that sealed cost proposals shall
be submitted and that they shall be opened at a time and place
designated in the solicitation for bids and proposals. Evaluation of
all criteria, other than cost, shall be completed prior to the time
designated for public opening of cost proposals, and the results of
the completed evaluation shall be published immediately before the
opening of cost proposals. The state's contact person for
administration of the solicitation shall be identified in the
solicitation for bids and proposals, and that person shall execute a
certificate under penalty of perjury, which shall be made a permanent
part of the official contract file, that all cost proposals received
by the state have been maintained sealed and under lock and key
until the time cost proposals are opened.
(b) The acquisition of hardware acquired independently of a system
integration project may be made on the basis of lowest cost meeting
all other specifications.
(c) The 5 percent small business preference provided for in
Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3
of Title 2 of the Government Code and the regulations implementing
that chapter shall be accorded to all qualifying small businesses.
(d) For all transactions formally advertised, evaluation of
bidders' proposals for the purpose of determining contract award for
information technology goods shall provide for consideration of a
bidder's best financing alternatives, including lease or purchase
alternatives, if any bidder so requests, not less than 30 days prior
to the date of final bid submission, unless the acquiring agency can
prove to the satisfaction of the Department of General Services that
a particular financing alternative should not be so considered.
(e) Acquisition authority may be delegated by the Director of
General Services to any state agency that has been determined by the
Department of General Services to be capable of effective use of that
authority. This authority may be limited by the Department of
General Services. Acquisitions conducted under delegated authority
shall be reviewed by the Department of General Services on a
selective basis.
(f) To the extent practical, the solicitation documents shall
provide for a contract to be written to enable acquisition of
additional items to avoid essentially redundant acquisition processes
when it can be determined that it is economical to do so.
(g) Protest procedures shall be developed to provide bidders an
opportunity to protest any formal, competitive acquisition conducted
in accordance with this chapter. The procedures shall provide that
protests must be filed no later than five working days after the
issuance of an intent to award. Authority to protest may be limited
to participating bidders. The Director of Technology, or a person
designated by the director, may consider and decide on initial
protests of bids for information technology projects conducted by the
Department of Technology and telecommunications procurement made
pursuant to Section 12120. The Director of the Department of General
Services, or a person designated by the director, may consider and
decide on initial protests of all other information technology
acquisitions. A decision regarding an initial protest shall be final.
If prior to the last day to protest, any bidder who has submitted an
offer files a protest with the department against the awarding of
the contract on the ground that his or her bid or proposal should
have been selected in accordance with the selection criteria in the
solicitation document, the contract shall not be awarded until either
the protest has been withdrawn or the California Victim Compensation
and Government Claims Board has made a final decision as to the
action to be taken relating to the protest. Within 10 calendar days
after filing a protest, the protesting bidder shall file with the
Victim Compensation and Government Claims Board a full and complete
written statement specifying in detail the grounds of the protest and
the facts in support thereof.
(h) Consistent with the procedures established and administered by
the Department of General Services, information technology goods
that have been determined to be surplus to state needs shall be
disposed of in a manner that will best serve the interests of the
state. Procedures governing the disposal of surplus goods may include
auction or transfer to local governmental entities.
(i) A supplier may be excluded from bid processes if the supplier'
s performance with respect to a previously awarded contract has been
unsatisfactory, as determined by the state in accordance with
established procedures that shall be maintained in the State
Administrative Manual. This exclusion may not exceed 36 months for
any one determination of unsatisfactory performance. Any supplier
excluded in accordance with this section shall be reinstated as a
qualified supplier at any time during this 36-month period, upon
demonstrating to the Department of General Services' satisfaction
that the problems that resulted in the supplier's exclusion have been
corrected.