California
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
Administrative Fees in Use:
Yes
Types of Contracts with Admin. Fees:
Statewide/Enterprise, National Cooperative
Amount and Frequency of Fees Collected:
Cost recovery amount spread out amongst state departments based on their three year average spend
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
No
Statutory, regulatory, and procedural guidance for bid protests
Protest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
2 CA ADC § 1195.2
Citation Language:
Following receipt of a protest filed as prescribed by these regulations, the department shall determine whether the protest is to be resolved by written submission of material or by public hearing. In the event a public hearing is to be held, the department shall set a date, time and place for the hearing and shall so notify all interested parties not less than 5 calendar days in advance of the hearing. The department may, in its discretion upon notice to all interested parties, change the date of, postpone or continue the hearing at the request of an interested party upon a showing of good cause or upon its own motion. The location of the hearing shall be at the discretion of the hearing officer and situated for the convenience of all parties. In the event the protest is to be determined through written submissions, notice shall be sent to all interested parties, each of whom may submit written argument in support of its position in accordance with the deadline established by the hearing officer. The determination that the protest hall be determined through written submission shall be made upon the hearing officer's evaluation that oral or additional testimony would be unnecessary to a full understanding of the issues. Any written submission to the department including that submitted for purposes of the hearing shall be in an original and two copies, together with proof of service of a copy to each interested party. At any time the department finds that a protest is clearly insufficient on its face, entirely without merit, or outside the scope of the jurisdiction of the department, it may make final disposition of the protest forthwith.
Public Link:
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Citation:
2017 California Procurement Manual p. 165 (Glossary 6)
Citation Language:
Responsive bid- A bid that meets the specifications and other requirements contained in the IFB or RFP.
Definition:
Yes
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
CA PUB CONT § 1103
Citation Language:
“Responsible bidder,” as used in this part, means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract. The Legislature finds and declares that this section is declaratory of existing law.
Name:
Commodity Code
Commodity Code:
UNSPSC
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$25,000 for goods ; $5,000 for services
Citation:
CA PUB CONT § 10301; CA PUB CONT § 10335
Citation Language:
CA PUB CONT § 10301 Except in cases when the agency and the department agree that an article of a specified brand or trade name is the only article that will properly meet the needs of the agency, or in cases where the Department of General Services has made a determination pursuant to Section 10308, all contracts for the acquisition or lease of goods in an amount of twenty-five thousand dollars ($25,000), or a higher amount as established by the director, shall be made or entered into with the lowest responsible bidder meeting specifications. § 10335 This article shall apply to all contracts, including amendments, entered into by any state agency for services to be rendered to the state, whether or not the services involve the furnishing or use of equipment, materials, or supplies or are performed by an independent contractor. Except as provided in Sections 10295.6 and 10351, and paragraphs (8) and (9) of subdivision (b) of Section 10340, all contracts subject to this article are of no effect unless and until approved by the department. Each contract shall be transmitted with all papers, estimates, and recommendations concerning it to the department and, if approved by the department, shall be effective from the date of approval. This article shall apply to any state agency that by general or specific statute is expressly or impliedly authorized to enter into the transactions referred to in this section. This article shall not apply to contracts for the construction, alteration, improvement, repair, or maintenance of real or personal property, contracts for services subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, to contracts that are listed as exceptions in Section 10295, contracts of less than five thousand dollars ($5,000) in amount, contracts of less than five thousand dollars ($5,000) where only per diem or travel expenses, or a combination thereof, are to be paid, contracts between state agencies, or contracts between a state agency and local agency or federal agency.
Small Purchases/Informal Purchasing:
$25,000
Citation 2:
CA PUB CONT § 10301
Citation Language 2:
Except in cases when the agency and the department agree that an article of a specified brand or trade name is the only article that will properly meet the needs of the agency, or in cases where the Department of General Services has made a determination pursuant to Section 10308, all contracts for the acquisition or lease of goods in an amount of twenty-five thousand dollars ($25,000), or a higher amount as established by the director, shall be made or entered into with the lowest responsible bidder meeting specifications.For purposes of determining the lowest bid, the amount of sales tax shall be excluded from the total amount of the bid.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
CA PUB CONT § 19100
Citation Language:
(a) Presentation of a claim pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code is not required to commence a legal action or arbitration proceeding for money or damages on a contract with the state, but any action or proceeding shall be commenced not later than six months after either of the following: (1) The contracting agency's final written decision under contract claim provisions. (2) The accrual of the cause of action, if there are no contract claim provisions. (b) This section shall not apply to a claim that is subject to the provisions of Section 10240.1.
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
No Official Guidance
Comments:
Decision must be challenged in court.
eProcurement:
eProcurement
Platform:
Peoplesoft by Oracle
System Type:
ERP
Public Link:
System Name:
CaleProcure
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
Voting members of the evaluation team must represent the soliciting/awarding agency. Private consultants can be used as SMEs, but cannot vote on proposals.
Citation:
SCM1 5.15 F
Public Link 1:
Citation Language:
F. When an evaluation committee is appointed: 1. The voting members used in the selection process shall be from the agency soliciting the proposals or awarding the contract. 2. Private consultants may not be voting members of the committee and may only be used to provide clarification or subject matter expertise to the committee members. 3. If the contract is awarded by a State board or commission, the recommendations of an evaluation committee shall be considered advisory in nature, and the board or commission must make the ultimate decision unless statute expressly permits the board or commission to delegate that responsibility.
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Partial Delegation to Agencies
Citation:
CA PUB CONT § 10333
Public Link:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC§ionNum=10333.
Citation Language:
(a) The department shall delegate purchasing authority, as specified in Section 10332, to any state agency that does all of the following: (1) Designates an agency officer as responsible and directly accountable for the agency's purchasing program. (2) Establishes written policies and procedures, including procedures for ensuring and documenting competitive purchasing, complying with purchasing standards established pursuant to Section 10307, inspecting acquired products for compliance with specifications, reporting contractor failures to deliver products as specified in contracts, ensuring that agency contracting personnel are free from conflict of interest, and complying with other provisions of law as the department may require. (3) Establishes procedures for complying with the provisions of the Small Business Procurement and Contract Act. The procedures shall include procedures for meeting the goals for the extent of participation of small businesses in state contracting as established by the department pursuant to subdivision (a) of Section 14838 of the Government Code. (4) Establishes policies for training personnel in purchasing law and procedures, controlling and reviewing purchasing practices, auditing purchasing activities, and delegating purchasing authority within the agency. (5) Reports the data to the office that the department may require. (b) The department shall conduct an audit of each state agency to which purchasing authority has been delegated at least once in each three-year period. The authority to acquire goods may be withdrawn by the department at any time that the department finds that the state agency to which authority has been delegated is not in compliance with the requirements of this section.
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
No Authorization
Name:
Nonprofit Usage of Statewide Contracts
Authorization:
No
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Procurement Counsel Location:
Embedded in Overarching Agency
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Public Link:
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
No Statutory Guidance
Comments:
Decision must be challenged in court
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Comments:
Minimum of 2 weeks in weekly publications. Minimum of 10 business days on CA State Contracts Register
Formal Solicitation - Minimum Window for Proposals/Bids:
2 Weeks / 10 Working Days
Citation:
PCC Div. 2 Pt. 2 Ch. 1 Art. 3 10140(a) & SCM 1 - 5.75 A
Public Link 1:
Citation Language:
(a) Public notice of a project shall be given by publication once a week for at least two consecutive weeks or once a week for more than two consecutive weeks if the longer period of advertising is deemed necessary by the department. 5.75 ADVERTISING STATE-CONTRACTING OPPORTUNITIES (Rev 1/18) A. Contracts of $10,000 or more must be advertised in the CSCR for at least 10 working days, unless exempt from bidding. Agencies cannot release solicitations prior to publication in the CSCR.
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
Full Authorization
Citation:
CA PUB CONT § 10290.3
Citation Language:
§ 10290.3. Reverse auctions (a) Notwithstanding the bidding provisions of this chapter, reverse auctions may be utilized for the acquisition of goods and services. The reverse auction process shall include a specification of an opening date and time when real-time electronic bids may be accepted, and provide that the procedure shall remain open until the designated closing date and time. (b) All bids on reverse auctions shall be posted electronically on the Internet, updated on a real-time basis, and shall allow registered bidders to lower the price of their bid below the lowest bid posted on the Internet. (c) The Department of General Services shall require vendors to register before the reverse auction opening date and time, and as part of the registration, agree to any terms and conditions and other requirements of the solicitation. The Department of General Services may require vendors to be prequalified prior to placing bids in a reverse auction. (d) For purposes of this section, “reverse auction” means a competitive online solicitation process for fungible goods or services in which vendors compete against each other online in real time in an open and interactive environment. (e) The reverse auction process may not be used for bidding on any construction contract that is subject to Chapter 1 (commencing with Section 10100).
Official state procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
https://caleprocure.ca.gov/pages/SupplierRegistration-BS3/SupplierRegistration.aspx
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
State Central Procurement Office
Citation:
CA PUB CONT § 12103.5
Public Link:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC§ionNum=12103.5
Citation Language:
For those information technology purchases for which the Department of General Services or the Department of Technology determines that a request for proposal (RFP) is appropriate, the controlling department, as specified under Section 12100, shall identify and document the following, with respect to information technology procurements, prior to releasing the RFP: (a) Identify the legislative mandate, state business, or operational reason for the information technology procurement. (b) Identify the existing business processes currently used to accomplish the legislative mandate, state business, or operational reason. (c) Identify the most important priorities for the information technology project to accomplish. (d) Identify what current technology is being used and how it is being used. (e) If the data used in a proposed information technology system comes from multiple sources, identify the existing business processes or technical systems that produce and maintain the source data to ensure interoperability. (f) Identify how the new information technology project leverages existing technology investments while accomplishing its business objectives.
