Chapter 4 – Information Technology

The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation or the department) shall utilize acceptable methods of procurement when purchasing or contracting for Information Technology (ITInformation Technology) goods and services. The department shall follow acceptable procurement practices and methods as defined by the Enterprise Information Services (EISEnterprise Information Services (formerly Information Services Division)) and defined in the State Contracting Manual (SCM) Volume 2, State Administrative Manual (SAMState Administrative Manual), and the Department Operations Manual (DOMDepartment Operations Manual).

The purpose of this section is to outline the acceptable methods of procurement and provide references to information and procedures for initiating an ITInformation Technology procurement, the methods used to purchase ITInformation Technology goods and services, and meeting the general contract requirements provided in SAMState Administrative Manual and SCM Volume 2.

The process for procurement of ITInformation Technology goods and services is more complicated than for procurement of non-ITInformation Technology goods and services. There is no single procurement method best suited universally for all categories of acquisition. Each procurement consists of differing elements that, overall, lend themselves more appropriately to one technique than to another. It is the responsibility of the EISEnterprise Information Services (formerly Information Services Division) Information Technology Goods and Services Procurement (ITGSP) to select the method of procurement to be used for each ITInformation Technology acquisition. All procurements for ITInformation Technology related goods and services shall be processed by ITGSP only, within EISEnterprise Information Services (formerly Information Services Division).

There are three acquisition methods of procurement:

• Competitive

• Non-Competitive

• Leveraged Procurements

Competitive procurement methods have several industry-standard methods established in SCM Vol. 2, that may be used for soliciting and awarding contracts and purchase orders. The competitive procurement methods include:

• Formal

  • Invitation for Bid (IFBInvitation For Bids) – This is the most common written format for formal purchases at or above $1,000,000.

  • Request for Proposal (RFPRequest For Proposal) – Used for formal solicitations more than $1,000,000. The RFPRequest For Proposal identifies a complex business or elevated risk.

• Informal

  • Request for Quote (RFQRequest For Quotations) – Used for competitive solicitations below $1,000,000.00.

• Small Business (SB) and Disabled Veteran Business Enterprise (DVBEDisabled Veteran Business Enterprises) Option.

  • CDCRCalifornia Department of Corrections and Rehabilitation shall utilize the SB/DVBEDisabled Veteran Business Enterprises method first. This is the most recommended method to satisfy state mandates relating to SB/DVBEDisabled Veteran Business Enterprises or DVBEDisabled Veteran Business Enterprises guidelines and may be used for acquisitions between $5,000 and $249,999.99.

• Limited to Brand (LTB)

  • This is used for specific brand or trade name solicitations in accordance with Public Contract Code (PCCPublic Contract Code) section 12102(b) for ITInformation Technology goods, and sections 10301 and 10302 for Non-ITInformation Technology goods. Refer to CDCRCalifornia Department of Corrections and Rehabilitation Purchasing Authority Approval Letter (PAAL) for maximum threshold for the department’s LTB justification purchasing authority, which requires departmental or the Department of General Services (DGSDepartment of General Services) approval prior to solicitation.

Non-competitive procurement methods most commonly used by the department include:

• Non-Competitive Bid (NCB)

  • These are competitive transactions adhering to a specific approval process in which only a single supplier is afforded the opportunity to offer the state a price for the specified goods or services.

• Fair and Reasonable (F&R)

  • If the transaction is less than $20,000, a F& R solicitation is acceptable.

  • The requestor shall solicit one vendor and utilize one of the five techniques to establish whether a supplier’s price can be determined to be F&R. See SCM Volume 2, section 1510.

• Community-Based Rehabilitation Program (CRP)

  • Meets the criteria of Welfare and Institutions Code (WIC), section 19404. An NCB justification is NOT required.

• Emergency

  • Emergency contracts are necessary for the immediate preservation of the public health, welfare, safety, or the protection of CDCRCalifornia Department of Corrections and Rehabilitation property and programs. EISEnterprise Information Services (formerly Information Services Division) must be notified as soon as the emergency has been identified.

    • Emergency – Non-Natural Disaster – Contracts that meet SCM criteria and that are subject to purchasing authority dollar thresholds, refer to CDCRCalifornia Department of Corrections and Rehabilitation PAAL for maximum threshold. EISEnterprise Information Services (formerly Information Services Division) must be notified as soon as the emergency has been identified.

• Exempt by Law

  • Interagency Agreement (IAA) – Contracts for ITInformation Technology work or services with other state agencies, California State University, University of California institutions, or California Department of Technology (CDT).

  • Other – Contracts with other public entities such as another state, local, or Federal agency pursuant to PCCPublic Contract Code, sections 10335(a) and 10340(b)(3).

• Exempt by Policy

  • Proprietary software maintenance services meeting criteria noted in the SCM may be executed without an NCB justification up to the dollar threshold identified in SCM, refer to CDCRCalifornia Department of Corrections and Rehabilitation PAAL for maximum threshold.

  • Proprietary software purchases meeting criteria noted in the SCM may be executed without an NCB justification up to the dollar thresholds identified in SCM and must not exceed purchasing authority dollar thresholds, refer to CDCRCalifornia Department of Corrections and Rehabilitation PAAL for maximum threshold.

  • Contracts with business entities operating Community-Based Rehabilitation Programs (CRP), which meet the criteria established by Welfare and Institutions Code, section 19404. Note: Exception does not apply to contracts justified pursuant to Government Code (GCGovernment Code), section 19130(a). See SCM Vol. 2, section 1506.

Leveraged Procurement Agreements (LPA) are purchasing agreements established by the Department of General Services'(DGSDepartment of General Services) Procurement Division (PD), enabling streamlined State purchases by removing repetitive, resource intensive, costly and time-consuming bid processes by departments, per PCCPublic Contract Code, sections 10290, et seq. and 12101.5. The following are the LPAs offered by the DGSDepartment of General Services:

• California Multiple Award Schedule (CMAS) – refer to CDCRCalifornia Department of Corrections and Rehabilitation PAAL for maximum threshold.

• Cooperative Agreements (such as National Association of State Procurement Officials, Value Point which is consolidated with the former Western States Contracting Alliance, etc.) – refer to CDCRCalifornia Department of Corrections and Rehabilitation PAAL for maximum threshold.

• Master Agreement/Master Service Agreement (MA/MSAMerit Salary Adjustment) – refer to CDCRCalifornia Department of Corrections and Rehabilitation PAAL for maximum threshold.

• Software Licensing Program.

• State Price Schedule (SPSState Price Schedule) – refer to CDCRCalifornia Department of Corrections and Rehabilitation PAAL for maximum threshold.

• Statewide Contracts.

Some LPAs are mandatory; therefore, buyers must know how to find LPAs and verify whether the specific goods and or services they require are available on a mandatory LPA. DGSDepartment of General Services maintains a State Contracts Index Listing, refer to DGSDepartment of General Services’s PD webpage for additional information. Buyer shall refer to LPA user instructions for details on procurement.

For detailed information on each of these LPA methods, refer to the individual LPA user instructions.

EISEnterprise Information Services (formerly Information Services Division)/ITGSP is responsible to ensure that all State Contracting Guidelines for both ITInformation Technology good and services are followed.

All purchase documents for procurement of ITInformation Technology goods and services for CDCRCalifornia Department of Corrections and Rehabilitation shall be processed through EISEnterprise Information Services (formerly Information Services Division) ITGSP.

Capital outlay purchases and/or by bond funds for new prison construction, including ITInformation Technology needs, are supported by the Facility Planning, Construction and Management. For further details see DOMDepartment Operations Manual, Chapter 1, Article 31, section 15040.2 – Facility Planning and Finance Branch.

For specific ITInformation Technology advertising requirements refer to SCM Volume 2, section 1402.3.

The DGSDepartment of General Services has delegated authority to all State departments to approve procurements for ITInformation Technology goods and services per PAAL. All ITInformation Technology procurements for goods and services exceeding PAAL delegation shall be forwarded for review and approval to the appropriate DGSDepartment of General Services unit or CDT, whichever control agency applies.

All contracts for the acquisition of Information Technology (ITInformation Technology) goods and services related to ITInformation Technology projects, as defined in SAMState Administrative Manual section 4819.2, shall be made by or under the supervision of the CDT. The department entities shall not conduct an acquisition for ITInformation Technology goods and services related to an ITInformation Technology project under acquisition authority (aka “purchasing” authority) granted by DGSDepartment of General Services unless the CDT has either:

• Delegated project authority to the department; or

• Authorized the department to conduct the acquisition.

The Chief Information Officer (CIO) or designee, shall be responsible for ensuring the contents of this Article are kept current and accurate.