Section 10344 Of Article 4. Contracts For Services From California Public Contract Code >> Division 2. >> Part 2. >> Chapter 2. >> Article 4.
10344
. (a) Contracts subject to the provisions of this article may
be awarded under a procedure that makes use of a request for
proposal. State agencies that use this procedure shall include in the
request for proposal a clear, precise description of the work to be
performed or services to be provided, a description of the format
that proposals shall follow and the elements they shall contain, the
standards the agency will use in evaluating proposals, the date on
which proposals are due and the timetable the agency will follow in
reviewing and evaluating them.
State agencies that use a procedure that makes use of a request
for proposal shall evaluate proposals and award contracts in
accordance with the provisions of subdivision (b) or (c). No
proposals shall be considered that have not been received at the
place, and prior to the closing time, stated in the request for
proposal.
(b) State agencies that use the evaluation and selection procedure
in this subdivision shall include in the request for proposal, in
addition to the information required by subdivision (a), a
requirement that bidders submit their proposals with the bid price
and all cost information in a separate, sealed envelope.
Proposals shall be evaluated and the contract awarded in the
following manner:
(1) All proposals received shall be reviewed to determine those
that meet the format requirements and the standards specified in the
request for proposal.
(2) The sealed envelopes containing the bid price and cost
information for those proposals that meet the format requirements and
standards shall then be publicly opened and read.
(3) The contract shall be awarded to the lowest responsible bidder
meeting the standards.
(c) State agencies that use the evaluation and selection procedure
in this subdivision shall include in the request for proposal, in
addition to the information required by subdivision (a), a
description of the methods that will be used in evaluating and
scoring the proposals. Any evaluation and scoring method shall ensure
that substantial weight in relationship to all other criteria
utilized shall be given to the contract price proposed by the bidder.
Proposals shall be evaluated and the contract awarded in the
following manner:
(1) All proposals shall be reviewed to determine which meet the
format requirements specified in the request for proposal.
(2) All proposals meeting the formal requirements shall then be
submitted to an agency evaluation committee which shall evaluate and
score the proposals using the methods specified in the request for
proposal. All proposals and all evaluation and scoring sheets shall
be available for public inspection at the conclusion of the committee
scoring process.
(3) The contract shall be awarded to the bidder whose proposal is
given the highest score by the evaluation committee.
(d) Nothing in this section shall require the awarding of the
contract if no proposals are received containing bids offering a
contract price that in the opinion of the state agency is a
reasonable price.
(e) (1) In addition to the information required by subdivision
(a), a request for proposal for a contract that involves the
furnishing of equipment, materials, or supplies shall contain the
following statement:
"It is unlawful for any person engaged in business within this
state to sell or use any article or product as a "loss leader" as
defined in Section 17030 of the Business and Professions Code."
(2) On and after March 31, 2010, and until December 31, 2011, if a
request for proposal does not contain the statement required by
paragraph (1), the awarding agency shall report this error to the
department within 30 days of the date the awarding agency discovers
this error.
(3) The department shall post in the State Contracting Manual
instructions for including the statement required by paragraph (1) in
all affected contracts.
(4) The statement required by paragraph (1) shall be deemed to be
part of a request for proposal even if the statement is inadvertently
omitted from the request for proposal.