reglab/housing_qa huggingface dataset:
CA Pub Cont Code § 12101 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12101.

12101.  It is the intent of the Legislature that policies and procedures developed by the Department of Technology and the Department of General Services in accordance with this chapter provide for the following:(a) The expeditious and value-effective acquisition of information technology goods and services to satisfy state requirements.(b) The acquisition of information technology goods and services within a competitive framework.(c) The delegation of authority by the Department of General Services to each state agency that has demonstrated to the department’s satisfaction the ability to conduct value-effective information technology goods and services acquisitions.(d) The exclusion from state bid processes, at the state’s option, of any supplier having failed to meet prior contractual requirements related to information technology goods and services.(e) The review and resolution of protests submitted by any bidders with respect to any information technology goods and services acquisitions.(Amended by Stats. 2013, Ch. 28, Sec. 54. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12101.2 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12101.2.

12101.2.  The Department of General Services shall prenegotiate the repetitively used terms and conditions in the state’s model contract with each interested vendor who bids or proposes on electronic data processing or telecommunications procurements. The contract language shall be kept on file, as a matter of public record, and shall remain operational until either the state or the vendor provides 30 days’ notice to the other party that new negotiations are deemed appropriate.If, for a particular procurement, the state seeks to make any further changes to either the negotiated or the standard contract language, or both, it shall identify those changes to each bidder or proposer prior to the due date for the bid or proposal. If for a particular procurement, a bidder or proposer seeks to propose a negotiated change or standard contract language change, it shall make this identification within the timeframe identified in the solicitation document.(Amended by Stats. 2013, Ch. 28, Sec. 55. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12101.7 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12101.7.

12101.7.  (a) Notwithstanding the sealed bidding provisions of this chapter, reverse auctions may be utilized for the acquisition of information technology, in accordance with the procedures set forth in Section 10290.3.(b) For purposes of this section, “reverse auction” means a competitive online solicitation process for fungible information technology in which vendors compete against each other online in real time in an open and interactive environment.(Added by Stats. 2003, Ch. 266, Sec. 2. Effective January 1, 2004.)
CA Pub Cont Code § 12102 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12102.

12102.  (a) The Department of General Services shall maintain, in the State Administrative Manual, all policies and procedures governing the acquisition and disposal of information technology goods and services, including, but not limited to, the policies and procedures that the Department of Technology is authorized to establish for the acquisition of information technology projects. The Department of Technology shall provide a link to information technology policies and procedures in the State Administrative Manual on the homepage of the Internet Web site.(b) Except as specified in Section 12102.1, acquisition of information technology goods and services shall be conducted through competitive means, except when the Director of General Services determines that (1) the goods and services proposed for acquisition are the only goods and services which can meet the state’s need, or (2) the goods and services are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare, or safety. The acquisition mode to be used and the procedure to be followed shall be approved by the Director of General Services. The Department of General Services shall maintain, in the State Administrative Manual, appropriate criteria and procedures to ensure compliance with the intent of this chapter. These criteria and procedures shall include acquisition and contracting guidelines to be followed by state agencies with respect to the acquisition of information technology goods and services. These guidelines may be in the form of standard formats or model formats.(Amended by Stats. 2013, Ch. 28, Sec. 57. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12102.1 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12102.1.

12102.1.  (a) The Department of Technology shall establish in the State Administrative Manual all of the following:(1) Policies governing the acquisition of information technology projects.(2) Procedures governing the acquisition of information technology projects reportable under Chapter 4800 of the State Administrative Manual and not delegated under subdivision (e) of Section 12102.2.(3) Policies and procedures governing the acquisition of telecommunications goods and services, as authorized under Section 12120.(b) Acquisition of information technology goods and services that are subject to subdivision (a) shall be conducted through competitive means, except when the Director of Technology determines that (1) the goods and services proposed for acquisition are the only goods and services that can meet the state’s need, or (2) the goods and services are needed for an emergency and immediate acquisition and are necessary for the protection of the public health, welfare, or safety. The acquisition mode to be used and the procedure to be followed shall be approved by the Director of Technology. The Department of Technology shall establish, in the State Administrative Manual, appropriate criteria and procedures to ensure compliance with the intent of this chapter. These criteria and procedures shall include acquisition and contracting guidelines to be followed by state agencies with respect to the acquisition of information technology projects that are reportable under State Administrative Manual Section 4800 et seq. These guidelines may be in the form of standard formats or model formats.(Added by Stats. 2013, Ch. 28, Sec. 58. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12103 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12103.

12103.  In addition to the mandatory requirements enumerated in Sections 12102, 12102.1, and 12102.2, the acquisition policies and procedures developed by the Department of Technology and the Department of General Services in accordance with this chapter may provide for the following:(a) Price negotiation with respect to contracts entered into in accordance with this chapter.(b) System or equipment component performance, or availability standards, including an assessment of the added cost to the state to receive contractual guarantee of a level of performance.(c) Requirement of a bond or assessment of a cost penalty with respect to a contract or consideration of a contract offered by a supplier whose performance has been determined unsatisfactory in accordance with established procedures maintained in the State Administrative Manual as required by Section 12102.(Amended by Stats. 2013, Ch. 28, Sec. 60. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12103.5 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12103.5.

12103.5.  For those information technology purchases for which the Department of General Services or the Department of Technology determines that a request for proposal (RFP) is appropriate, the controlling department, as specified under Section 12100, shall identify and document the following, with respect to information technology procurements, prior to releasing the RFP:(a) Identify the legislative mandate, state business, or operational reason for the information technology procurement.(b) Identify the existing business processes currently used to accomplish the legislative mandate, state business, or operational reason.(c) Identify the most important priorities for the information technology project to accomplish.(d) Identify what current technology is being used and how it is being used.(e) If the data used in a proposed information technology system comes from multiple sources, identify the existing business processes or technical systems that produce and maintain the source data to ensure interoperability.(f) Identify how the new information technology project leverages existing technology investments while accomplishing its business objectives.(Amended by Stats. 2013, Ch. 28, Sec. 61. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12104 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12104.

12104.  (a) (1) The State Contracting Manual shall set forth all procedures and methods that shall be used by the state when seeking to obtain bids for the acquisition of information technology.(2) Revisions to the manual must be publicly announced, including, but not limited to, postings on the Internet Web site homepage of the Department of General Services. The Department of Technology shall provide a link to the State Contracting Manual on its Internet Web site homepage.(b) The Department of General Services and the Department of Technology in accordance with this chapter shall develop, implement, and maintain standardized methods for the development of all information technology requests for proposals.(c) All information technology requests for proposals shall be reviewed by the Department of Technology prior to release to the public.(Amended by Stats. 2013, Ch. 28, Sec. 62. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12104.5 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12104.5.

12104.5.  (a) All rules and requirements governing an information technology acquisition, for which the Department of General Services or the Department of Technology determines that a request for proposal (RFP) is appropriate, shall be communicated in writing to all vendors that have expressed an intent to bid and shall be posted in a public location. Any changes to the rules and requirements governing that RFP shall be communicated in writing to all vendors that have expressed an intent to bid and shall be posted in a public location. Requirements other than those provided by law or outside of the published RFP and posted addendums shall not be used to score bids.(b) (1) All requests for proposals shall contain the following statement:“It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.”(2) The Department of General Services shall post in the State Contracting Manual instructions for including the statement required by paragraph (1) in all affected contracts.(3) The statement required by paragraph (1) shall be deemed to be part of a request for proposal even if the statement is inadvertently omitted from the request for proposal.(c) The requirements of this section shall be in addition to any other requirement provided by law.(Amended by Stats. 2013, Ch. 28, Sec. 63. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12105 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12105.

12105.  The Department of General Services and the Department of Technology shall coordinate in the development of policies and procedures that implement the intent of this chapter.(Amended by Stats. 2013, Ch. 28, Sec. 64. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12106 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12106.

12106.  The Department of General Services and the Department of Technology may, in addition to fulfilling the mandatory requirements enumerated in Sections 12102, 12102.1, and 12102.2, adopt such rules and regulations as are necessary for the purposes of this chapter.(Amended by Stats. 2013, Ch. 28, Sec. 65. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12108 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12108.

12108.  Until the time that the Department of General Services and the Department of Technology have published in the State Administrative Manual the procedures required in accordance with Section 12102, acquisitions of information technology goods and services shall be accomplished in accordance with either existing State Administrative Manual procedures for the acquisition of information technology goods and services, or Article 2 (commencing with Section 14790) of Chapter 6 of Part 5.5 of Division 3 of Title 2 of the Government Code, as determined by the Department of General Services.(Amended by Stats. 2013, Ch. 28, Sec. 66. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12109 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12109.

12109.  The Director of General Services and the Director of Technology may make the services of their respective departments under this chapter available, upon the terms and conditions that may be deemed satisfactory, to any tax-supported public agency in the state, including a school district, for assisting the agency in the acquisition of information technology goods or services.(Amended by Stats. 2013, Ch. 28, Sec. 67. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12112 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12112.

12112.  (a) Any contract for information technology goods or services, to be manufactured or performed by the contractor especially for the state and not suitable for sale to others in the ordinary course of the contractor’s business may provide, on the terms and conditions that the controlling department, as specified in Section 12100, deems necessary to protect the state’s interests, for progress payments for work performed and costs incurred at the contractor’s shop or plant, provided that not less than 10 percent of the contract price is required to be withheld until final delivery and acceptance of the goods or services. Notwithstanding this subdivision, if the department determines that lesser withholding levels are appropriate based upon an evaluation of risk determined under subdivision (b) and the contract price is ten million dollars ($10,000,000) or more, the department shall withhold no less than 5 percent of the contract price until final delivery and acceptance of the goods or services. If the department determines that lesser withholding levels are appropriate based on an evaluation of risk determined under subdivision (b) and the contract price is less than ten million dollars ($10,000,000), the department shall withhold no less than 3 percent of the contract price until final delivery and acceptance of the goods or services.(b) The Department of General Services, in consultation with the Department of Finance, shall develop and maintain criteria for the evaluation of risk to the state that results from the acquisition of information technology. This risk analysis shall determine the need for financial protection that is in the best interest of the state, including, but not limited to, any of the following:(1) An acceptable performance bond as described in Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure.(2) Any surety as defined in Section 2787 of the Civil Code.(3) A letter of credit as described in Division 5 (commencing with Section 5101) of the Commercial Code.(4) Protection in the form of contract terms.(5) Any other form of security or guaranty of performance in an amount sufficient to protect the state in the case of default by the contractor providing information technology, or any other breach or malfunction of the goods or services, or both.(c) For purposes of this section, “information technology” means information technology goods or services, or both, as appropriate.(Amended by Stats. 2013, Ch. 28, Sec. 68. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12113 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3 - Acquisition of Information Technology Goods and Services|Section 12113.

12113.  (a) Notwithstanding any other provision of law, state and local agencies may enter into agreements to pay for telecommunications services to be utilized beyond the current fiscal year. “Telecommunications services” for purposes of this section shall include, but not be limited to, central office-based leased communications systems equipped with primary station lines, capable of receiving in-dialed voice and data communications and capable of out-dialing voice and data communications and any customer premised equipment, software and installation costs necessary for utilization by the state or local agency.(b) State and local agencies may enter into financing agreements for the acquisition of telecommunications services whenever the state or local agency may derive monetary benefit and greater services as a result of its ability to acquire capital at lower interest cost than the supplier of those services can provide directly to the agency or whenever the state or local agency may obtain a reduced cost of service based on length of agreement if offered by the supplier of telecommunications service.(c) Acquisition requirements for financing of telecommunications goods and services shall be considered to have been met whenever the financing is within the scope of public sector requests for proposals or whenever the financing is offered by a sole source provider or that provider’s assignee.(d) The provisions of this section shall not be construed to alter or circumvent any existing acquisition procedure or requirement, nor to alter or circumvent the acquisition authority of any state or local agency.(Amended by Stats. 2000, Ch. 776, Sec. 49. Effective September 27, 2000.)
CA Pub Cont Code § 12120 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3.5 - Acquisition of Telecommunications Goods and Services|Section 12120.

12120.  The Legislature finds and declares that, with the advent of deregulation in the telecommunications industry, substantial cost savings can be realized by the state through the specialized evaluation and acquisition of alternative telecommunications systems. Any contract for the acquisition of telecommunications services and any contract for the acquisition of telecommunications goods, whether by lease or purchase, shall be made by, or under the supervision of, the Department of Technology. Any acquisition shall be accomplished in accordance with Chapter 3 (commencing with Section 12100), relating to the acquisition of information technology goods and services, except to the extent any directive or provision is uniquely applicable to information technology acquisitions. The Department of Technology shall have responsibility for the establishment of policy and procedures for telecommunications. The Trustees of the California State University and the Board of Governors of the California Community Colleges shall assume the functions of the agency with regard to acquisition of telecommunications goods and services by the California State University and the California Community Colleges, respectively. The trustees and the board shall each grant to the agency an opportunity to bid whenever the university or the college system solicits bids for telecommunications goods and services.(Amended by Stats. 2013, Ch. 28, Sec. 69. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12125 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3.6 - The Alternative Protest Pilot Project|Section 12125.

12125.  There is hereby established the Alternative Protest Process to be administered by the Department of General Services and the Department of Technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 and this chapter.(Amended by Stats. 2013, Ch. 28, Sec. 71. (SB 71) Effective June 27, 2013. Operative July 1, 2013, by Sec. 93 of Ch. 28.)
CA Pub Cont Code § 12127 (2021)
2021 California Code|Public Contract Code - PCC|DIVISION 2 - GENERAL PROVISIONS|PART 2 - CONTRACTING BY STATE AGENCIES|CHAPTER 3.6 - The Alternative Protest Pilot Project|Section 12127.

12127.  Major information technology acquisitions subject to this chapter shall meet the following criteria:(a) The agency or department has stated its business needs and not detailed specification in the solicitation.(b) The agency or department has stated the criteria and the weight to be given to each criterion by which it will evaluate all proposals.(c) The contract shall be awarded based on “value effective acquisition,” as that term is defined in Section 12100.7, competitive negotiation, an alternative procurement, or performance-based solicitations.(Added by Stats. 1997, Ch. 762, Sec. 1. Effective January 1, 1998.)