POLICY OBJECTIVE

To establish system wide contracting and procurement policy as required by Education Code 89036.

POLICY STATEMENT

Other requirements notwithstanding, formal bidding shall comply with the following:

100 Public Notice

The Campus shall advertise in the California State Contracts Register the availability of its formal solicitations, and interested suppliers, upon request, shall be furnished with copies of the solicitation.

In addition to advertising in the California State Contracts Register, the campus shall also:

In a location easily accessible to the public, post a copy of the solicitation, which shall remain posted until seven days after an award has been made.

Maintain complete copies of the solicitation, in the campus procurement office, to be made available to any interested supplier upon request.

The solicitation notice may also include an announcement in an appropriate media such as, but not limited to, a newspaper or trade journal. Such announcements shall contain at least a brief description of the goods, the closing date and time for bids to be received, and the location where complete copies of the bid documents may be obtained.

200 Public Opening of Bids

Sealed bids, for goods, shall be publicly opened and read at the date and time specified in the bid solicitation (if it so requires or if requested by any of the bidders). The campus shall maintain confidentiality regarding each bid until the public opening and reading takes place. Bids received after the closing date and time shall not be accepted. After bids are opened, they shall be made available for public inspection within a reasonable time. Public inspection shall not include the disclosure of documents designated by the University to be confidential.

300 Evaluation of Bids

As soon as practical after the bid opening, the campus shall begin the evaluation process to determine the lowest responsive and responsible bidder in accordance with the criteria for evaluation as stated in the solicitation. Deviations from requirements which do not materially impact the cost, quantity, or quality of the item or service to be provided or do not directly affect the outcome of the bid award, in the opinion of the campus, may be waived.

Evaluation of Bids for Electronic Goods
Deleted – October 2009

400 Rejection of Bid(s)

If the apparent lowest bid does not comply with the bid requirements, it must be rejected. If the contract is not to be awarded to the lowest bidder, the campus must notify such bidder 24 hours prior to awarding the contract or purchase order to another bidder. In computing the 24-hour period, Saturdays, Sundays, and legal holidays shall be excluded. If prior to making the award, any bidder who has submitted a bid files a protest against the awarding of the contract or purchase order on the ground that he or she is the lowest responsible bidder meeting specifications, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the campus has made a final decision, in accordance with Policy Section 212, as to the action to be taken relative to the protest.

The campus may, if it is in the best interest of the campus, reject all bids at any time prior to the award of the contract.

500 Protest

The bid document must contain provisions for resolution of protests and disputes.

600 Conflict of Interest and Confidentiality

Prior to participating in the solicitation process, all CSU employees involved in the solicitation process must complete a Conflict of Interest and Confidentiality Statement, CRL057. The completed statements should be retained as part of the contract file.

A Conflict of Interest and Confidentiality Statement (CRL057) is available at the CS&P Contract Resource Library website.

APPLICABILITY AND AREAS OF RESPONSIBILITY

REVISION HISTORY

RESOURCES AND REFERENCE MATERIALS

Useful Guidelines:

Related Principles:

Sound Business Practices:

Laws, State Codes, Regulations and Mandates:

COGNIZANT OFFICE(S)

CO Manager:

Tom Roberts
Director, Contract Services & Procurement
CSU Office of the Chancellor
troberts@calstate.edu

Subject Expert: