Cal. Code Regs. tit. 2 § 599.943

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 599.943 - Contract Bidding Process

(a) Before awarding an agreement to a potential contractor, the California Department of Human Resources (Department) shall offer qualified bidders a fair opportunity to participate in the bidding process. To the extent feasible, the Department will utilize the following public bidding procedures:

(1) Post the bid publicly through the departmental public announcement, industry related national association and national publication web pages.

(2) Provide instructions, including the application deadline and process, for prospective bidders to apply through the contract procurement webpage.

(3) Avoid unnecessary restrictions to competition.

(4) Follow predetermined procedures developed in compliance with applicable laws to ensure fair competition.

(5) Review and evaluate bidder responses to select the contract awardee.

(6) Publicly announce the contract winner on the department's announcement web page.

(7) Finalize the contract based on the solicitation specifications and the contractor's response.

(b) Notwithstanding subsection (a) above, the Department may utilize a non-public bidding process if deemed necessary to maintain the continuity of services and if it is in the best interest of the Plan, as determined by the Department and on a case-by-case basis. The Department will follow all public bidding processes except for publicly announcing and awarding the solicitation under subsections (a)(1), (a)(2), and (a)(6). Additionally, the Department will work with contracted consultants to source through a diverse set of firms and notify potential bidders of the upcoming request for a proposal.

Cal. Code Regs. Tit. 2, § 599.943

Note: Authority cited: Sections 18502, 19815.4(d), 19815 and 19993, Government Code. Reference: Sections 11010.5, 19815.2, 19815.4, 19815.6, 19993, 53601 and 53602, Government Code; and Sections 10295, 10344.1 and 10430, Public Contract Code.

1. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
2. Amendment of section heading, section and NOTE filed 1-17-2024; operative 4/1/2024 (Register 2024, No. 3).