Public contracts: state contracts: computer software.

Existing law requires the Department of General Services to maintain policies and procedures governing the acquisition and disposal of information technology goods and services. Existing law authorizes the Department of General Services to adopt rules and regulations as are necessary to govern the acquisition and disposal of information technology goods and services. This bill would require the Department of General Services to add a provision to state contracts that requires a contractor to certify that it has appropriate systems and controls in place to ensure that its use of computer software complies with applicable copyright laws. This bill would require contracts between state agencies and contractors to include a provision that requires the contractor to certify that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of the contract for the acquisition, operation, or maintenance of computer software in violation of copyright laws. This bill would require, if there is a dispute regarding the contractor's certification, the dispute provisions of the contract to apply, and would require the dispute provisions of the contract to be the sole avenue for challenging a certification.