1. (a) The Commission shall make a determination that all of the following requirements are met:

   1. (1) Two or more business entities are capable of supplying or providing the goods or services that meet a specified need of the Commission; and
   2. (2) The Commission has thoroughly evaluated at least two possible contractors for the work described in the proposed contract; and
   3. (3) The cost of the proposed contract is reasonable; and
   4. (4) The proposed contract is in the best interests of the state.

2. (b) The Commission shall make a determination that at least one of the following requirements is met:

   1. (1) The proposed contract offers or includes a collaborative industry or public/private effort; or
   2. (2) The proposed contract offers or includes leveraged funding; or
   3. (3) The proposed contract is urgent and the need for the information or deliverable is such that a competitive solicitation would frustrate timely performance; or
   4. (4) The proposed contract is with an entity that is prohibited by law from participating in a competitive solicitation.

3. (c) The Commission shall document findings regarding the following:

   1. (1) Rationale for choosing the proposed contractor versus other possible contractors; and
   2. (2) Rationale for why the Commission did not use competitive bidding procedures; and
   3. (3) Impact of the contract with the proposed contractor versus other possible contractors.

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

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

History

1. New 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).