1. (a) The Recipient shall follow its own written procurement policy and procedures when procuring goods or services.

2. (b) In the absence of a written policy and procedures, procurement transactions for goods or services exceeding the threshold established by the California Department of General Services Fair and Reasonable Acquisition Method shall be conducted in a manner providing full and open competition, consistent with the following:

   1. (1) The contract opportunity shall be advertised or bids or proposals solicited.
   2. (2) At least three bids or proposals shall be obtained.

   3. (3) If three bids or proposals are not obtained, the following must be documented:

      1. a. The manner of advertising, including the names of any publications in which the contract opportunity was advertised, if applicable.
      2. b. The names and addresses of the firms or individuals solicited for bids or proposals.
      3. c. The names and addresses of the firms or individuals that submitted a bid or proposal, and the bid or proposal amount for each.
   4. (4) An invitation to bid or request for proposal shall not be drafted in a manner that limits the bidding directly or indirectly to one bidder. Any contract awarded in violation of this section may be disallowed.
3. (c) All documents related to the procurement of goods or services shall be maintained pursuant to section 325, and provided to the Department or designee upon request.

Note: Authority cited: Sections 407 and 485, Food and Agricultural Code. Reference: Sections 201, 401, 401.5, 404 and 485, Food and Agricultural Code; and Section 18901.9.2, Revenue and Taxation Code.

History

1. New section filed 9-21-2016; operative 1-1-2017. Exempt from Administrative Procedure Act pursuant to Food and Agricultural Code Section 485(d), which provides “Procedures, forms, and guidelines established for these grant programs, including the application process, are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.” (Register 2016, No. 39).

2. Amendment of subsection (b) and Note filed 12-30-2024; operative 1-1-2025. Exempt from the APA pursuant to Food and Agricultural Code section 485 and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2025, No. 1).