Bidder Instructions and Required Contract Language - 1403.3

Bidder Instructions

Complex, formal solicitations typically use DGS/PD developed IFB/RFP Section II, Rules Governing Competition, in place of the State’s Bidder Instructions.  Other solicitations, where the procurement is straight-forward and the evaluation and selection is based on lowest net cost meeting all other bid specifications may use the Bidder Instructions.

Click here to obtain the Bidder Instructions document.

General Provisions

The State’s General Provisions (GSPD-401IT) or Cloud Computing - Software as a Service (SaaS) General Provisions shall be incorporated by reference, as applicable, in all competitive acquisitions and purchase documents for IT goods and/or services (written or verbal) valued in excess of $4,999.99.

Cloud Computing Special Provisions SaaS

The State’s Cloud Computing Special Provisions for Software as a Service (SaaS) must be used in addition to the General Provisions (GSPD-401IT), where applicable.  These Special Provisions shall be incorporated by reference in all competitive and proprietary solicitations and purchase documents for Cloud Computing SaaS.

Click here to access the State’s Cloud Computing SaaS Special Provisions.

The State’s General Provisions (GSPD-401 Non-IT Commodities) shall be incorporated by reference in all competitive acquisitions and purchase documents for Non-IT goods (written or verbal) valued in excess of $4,999.99.

The General Provisions may be supplemented with additional provisions tailored to a specific solicitation.  Except where the General Provisions refer to specifics in the Statement of Work, there are to be absolutely no changes made to the General Provisions without prior approval of DGS/PD.

Click here to obtain the General Provisions.

Contract Modules

You may include additional terms and conditions to meet your specific procurement needs. The Agency Special Provisions, such as facility security requirements or federal funding requirements or a Statement of Work may be attached as applicable to the solicitation.

Obtaining Seller's Permit

A copy of the seller's permit or certification of registration must be obtained on any tangible personal property purchase regardless of the dollar value and regardless of whether it is included either by reference to the PD web page. This requirement does not apply to a credit card purchase of goods of $2,500 or less. The total amount of exemption authorized herein shall not exceed $7,500 per year for each company from which a state agency is purchasing goods by credit card. See Public Contract Code, Section 10295.1 for details.

Another exception to this requirement is identified in Public Contract Code, Section 10295.1 where a department director or his designee makes a written finding that the purchase is necessary to meet a compelling State interest.  A "compelling state interest" includes, but is not limited to, the following:

• Ensuring the provision of essential services
• Ensuring the public health, safety and welfare
• Responding to an emergency, as defined in Public Contract Code, Section 1102

In order to support a purchase based upon this exception, the director’s or his/her designee’s written finding must be included in the purchase file documentation.

Seller’s permits or certification of registration or a department’s written exception to this requirement must be retained in the procurement file.  It is good practice to verify that the seller’s permit is active by going to the California Department of Tax and Fee Administration (CDTFA) website, print the validation page, and uploading it as part of the purchase file documentation.

Click here to access the CDTFA website.