1. (a) The cost of the proposed contract shall be reasonable; and

2. (b) The Commission shall make a determination, in consultation with the Department of General Services, that at least one of the following requirements is met:

   1. (1) The proposed contract is unsolicited and meets the evaluation criteria of Public Resources Code Section 25620 et. seq.; or
   2. (2) The expertise, service or product is unique; or
   3. (3) The urgency of the need for the information or deliverable is such that a competitive solicitation would frustrate timely performance; or
   4. (4) The proposed contract funds the next phase of a multiphased project and the existing agreement is being satisfactorily performed; or
   5. (5) The proposed contract is in the best interests of the state.

The following subdivisions apply to contracts in the Public Interest Energy Research (PIER) Program awarded on a sole source basis, as defined by Public Resources Code section 25620.5(f), without competitive bidding or competitive negotiations. Sole source contracts are awarded at the sole discretion of the California Energy Commission (Commission).

Note: Authority cited: Sections 25218(e) and 25620.2(c), Public Resources Code. Reference: Section 25620.5, Public Resources Code.

History

1. New chapter 5.5 (articles 1-2), article 1 (sections 2100-2104) and 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).