Chapter 4 – Information Technology

45020.4.2 Non‑Competitive Methods

• 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.

• Purchases, although exempt by law or policy, must still be reasonable in cost and justification. Procurement files must include documentation to support fair and reasonable pricing.

• For complete detailed list of Non-Competitive Methods of Procurement refer to SCM Vol. 2, section 1501, Non-Competitive Acquisitions Methods List.