SECTIONS 10290-10290.3 - California Statutes

PUBLIC CONTRACT CODE

SECTION 10290-10290.3

10290. As used in this chapter:
(a) "Department" means the Department of General Services.
(b) "Director" means the Director of General Services.
(c) "Centralized purchasing" means the purchase for state agencies
of materials, supplies, and equipment by the Office of Procurement.
(d) "Goods" means all types of tangible personal property,
including materials, supplies, and equipment.
(e) "Office" means the Office of Procurement in the Department of
General Services.
(f) "Price schedule" means an agreement between the Office of
Procurement and a supplier under which the supplier agrees to accept
orders from the office or a state agency for specified goods at set
prices for a specified period of time but which does not obligate the
office or state agencies to contract for the specified goods from
the supplier.
(g) "Regional contract" means a contract of the same type as a
statewide contract but applicable only to specified contracting in a
particular area or region of the state.
(h) "Statewide contract" means a contract awarded by the Office of
Procurement to one or more suppliers for the acquisition of
specified goods for a period of time, at a price, and in an amount
set forth in the contract.
(i) "Multiple award" means a contract of indefinite quantity for
one or more similar goods, information technology, or services to
more than one supplier.
(j) "Multiple award schedule" (MAS) is an agreement established
between the General Services Administration of the United States and
certain suppliers to do business under specific prices, terms, and
conditions for specified goods, information technology, or services.

10290.1. (a) Notwithstanding any other provision of law, in
exercising their delegation of contracting authority from the
department, state agencies may contract for goods, information
technology, or services with suppliers who have multiple award
schedules with the General Services Administration of the United
States if the supplier is willing to extend those terms, conditions,
and prices. The department may also develop multiple award schedules
or agreements for use by state agencies in the same manner.
(b) The department shall determine the delegation contracting
authority for agencies wishing to contract with suppliers who have
multiple award schedules. The department shall seek input from both
customer departments and agencies and private sector suppliers.

10290.3. (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).