The following subdivisions apply to contracts in the PIER Program awarded on a single source basis, as defined by Public Resources Code section 25620.5(e), without competitive bidding or competitive negotiations. Single source contracts are awarded at the sole discretion of the Commission.
(a) The Commission shall make a determination that all of the following requirements are met:
(1) Two or more business entities are capable of supplying or providing the goods or services that meet a specified need of the Commission; and
(2) The Commission has thoroughly evaluated at least two possible contractors for the work described in the proposed contract; and
(3) The cost of the proposed contract is reasonable; and
(4) The proposed contract is in the best interests of the state.
(b) The Commission shall make a determination that at least one of the following requirements is met:
(1) The proposed contract offers or includes a collaborative industry or public/private effort; or
(2) The proposed contract offers or includes leveraged funding; or
(3) The proposed contract is urgent and the need for the information or deliverable is such that a competitive solicitation would frustrate timely performance; or
(4) The proposed contract is with an entity that is prohibited by law from participating in a competitive solicitation.
(c) The Commission shall document findings regarding the following:
(1) Rationale for choosing the proposed contractor versus other possible contractors; and
(2) Rationale for why the Commission did not use competitive bidding procedures; and
(3) Impact of the contract with the proposed contractor versus other possible contractors.
Credits
Note: Authority cited: Sections 25218(e) and 25620.2(c), Public Resources Code. Reference: Section 25620.5, Public Resources Code.
1. New section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code section 25620.2(c)(8). Submitted to OAL for printing only pursuant to Public Resources Code section 25620.2(c)(9) (Register 2000, No. 1).
This database is current through 9/27/24 Register 2024, No. 39.
Cal. Admin. Code tit. 20, § 2101, 20 CA ADC § 2101
