Non-Competitive Acquisition Methods - 307

Once the acquisition type is identified, the next step is to identify the acquisition method.

An acquisition method identifies how the purchase is to be made and what key activities within the procurement process should be followed.

Refer to the below table for the list of available acquisition methods.  The policy and procedures for conducting acquisitions utilizing various acquisition methods is contained in subsequent chapters of this manual.

FI$CAL Acquisition Method

Value

Acquisition Method FI$Cal Acquisition Method - Detail Description
011 Non-Competitive Non-Competitively Bid (NCB)

Non-competitively bid contracts as a result of an approved NCB Justification or Special Category Request (SCR). These are non-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.

012 Non-Competitive Fair and Reasonable

Acquisitions under $10,000 that are awarded based on one of five techniques used to determine whether or not a supplier's price can be determined to be fair and reasonable.

013 Non-Competitive Community Based Rehabilitation Program (CRP)

Non-competitively bid contracts that meet the criteria established by Welfare and Institutions Code Section 19404. An NCB Justification is NOT required.

014 Non-Competitive
Emergency - Public Contract Code

Non-competitively bid contracts that meet the criteria established by Public Contract Code, Sections 1102, 10340, 10302, 12102, 12102.1. An NCB Justification is NOT required. Dollar thresholds are not enforced.

015 Non-Competitive

Emergency - Non-Natural Disaster

Non-competitively bid contracts that meet SCM criteria and that are subject to purchasing authority dollar thresholds. Example: A pipe breaks in the restroom and causes flooding. A plumber needs to be called to address the issue.

016 Non-Competitive Exempt by Law - Interagency Agreement

Agreements between California state agencies, agreements with a California State University campus, in some instances agreements with a University of California campus or Regents (UC) that adhere to SCM requirements. Terms and conditions for IAAs are used and subcontracting is not used to circumvent state contracting laws/policy. An NCB Justification is NOT required. Example: State agency "A" provides accounting and budgeting services to state agency "B" and "B" pays "A" for the service.

017  Non-Competitive

Exempt by Law - Interagency Agreement - CA Dept. of Tech

State agencies are required to purchase certain services from the California Department of Technology (CDT). Although CDT has the authority to direct bill state agencies, some state agencies utilize an IAA when contracting for these services. When an IAA is used, it may be subject to DGS/PD oversight per Public Contract Code, Section 12100. If so, state agencies may enter into these contracts with CDT under DGS/PD delegated purchasing authority with an UNLIMITED purchasing authority dollar threshold.

018 Non-Competitive

Exempt by Law - Interagency Agreement - Office of State Publishing

State agencies are required to purchase printing services from OSP prior to contracting with suppliers.

019 Non-Competitive

Exempt by Law - Interagency Agreement - Prison Industry Authority (PIA)

State agencies are required to purchase goods and services offered by PIA. PIA acquisitions for goods are conducted under DGS/PD purchasing authority.

020 Non-Competitive Exempt by Law - Interagency Agreement - Surplus Property

State agencies are required to acquire surplus property from the DGS Surplus Property before seeking to contract with suppliers in the open market.

021 Non-Competitive Exempt by Law - Legal Services

Contracts for legal defense, legal advice, or legal services by an attorney or the attorney's staff.

022 Non-Competitive Exempt by Law - Other (buyer must indicate law)

The purchase of goods or services based on a law that exempts these transactions from competition. Although exempt from competition, these transactions are not exempt from DGS oversight. Example would include contracts with other public entities such as another state, local, or Federal agency pursuant to Public Contract Code, Section 10340(b)(3).

023 Non-Competitive Exempt by Policy - Convention and Conference Facility Contracts

Services for conventions and conference facilities, including room rentals, do not have to be competitively bid if under $250,000.

024 Non-Competitive Exempt by Policy - Proprietary - Maintenance

Proprietary maintenance services 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.

025 Non-Competitive Exempt by Policy - Proprietary - Software

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. This acquisition may only be used with the IT Goods Acquisition Type.

026 Non-Competitive Exempt by Policy - Proprietary - Subscriptions, Publications, Technical Manuals

Proprietary subscriptions, publications, and/or technical manuals (manuals, law books, technical manuals, etc.) regardless of media format. May be executed without an NCB Justification up to the dollar thresholds identified in SCM and must not exceed purchasing authority dollar thresholds.

027 Non-Competitive Exempt by Policy - Subvention Contracts/Local Assistance

Agreements providing assistance to local governments and aid to the public directly or through an intermediary, such as a nonprofit corporation organized for that purpose.

028 Non-Competitive Exempt by Policy - Other (buyer must indicate policy)

SCM policy identifies certain goods/services that are exempt from competition.


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