State contracts: procurement processes.

(1) Existing law requires the Department of General Services to publish, or cause to be published, the California State Contracts Register, describing contracts proposed by the state. Existing law authorizes the Department of General Services to exempt a state agency from the requirement of advertising in the California State Contracts Register under specified circumstances and provides that the department will identify the exemptions and publish them prominently in each issue of the California State Contracts Register. This bill instead would require the department to publish the exemptions utilizing the Financial Information System for California. (2) Existing law authorizes the Department of General Services, relative to contracts for goods, services, information technology, and telecommunications, to use a negotiation process if the department finds that one or more specified conditions exist. Existing law, when it is in the best interests of the state, also authorizes the department to negotiate amendments to the terms and conditions of existing contracts, as specified. Existing law authorizes the Department of Technology to utilize the negotiation process to procure information technology and telecommunications goods and services on behalf of state departments and information technology projects, as provided. Existing law requires that the Department of Technology and the Department of General Services report annually to the relevant budget subcommittees of each house of the Legislature during budget hearings on the Department of Technology's use of the negotiation process. This bill would eliminate the requirement that the Department of General Services make that report. (3) Existing law, whenever a contract or purchase order for goods and services is not to be awarded to the lowest bidder, requires that the lowest bidder be notified 24 hours before the contract or purchase order is awarded to another bidder. Existing law, upon written request by any bidder, requires notice of the proposed award to be posted in a public place in the offices of the department at least 24 hours before the contract or purchase order is awarded. Existing law, if a bidder files a specified protest with the department before the award is made, requires that the contract or purchase order not be awarded until either the protest has been withdrawn or the department has made a final decision relative to the protest. This bill would eliminate application of this provision to a purchase order and would require a public notice posted upon written request to instead be posted in a public place specified in the solicitation document by the department.