Section 1890 - Uniform Standards for Prequalification of Vendors(a) As used in this section (1) "Vendor" means manufacturer, fabricator, wholesale distributor, broker or other persons and firms regularly engaged in the sale of materials, supplies or equipment.(2) "Standard specification" means those purchasing standards established by the Director of General Services under authority of Public Contract Code Section 10307.(3) "Product" means unmanufactured, partially manufactured or finished materials, supplies and equipment.(4) "Bid invitation" means those bid invitations issued by the Department of General Services as required in Public Contract Code Section 10302.(5) "Accounts" means businesses or governmental jurisdictions other than State agencies to whom applicant vendors are regularly supplying the product offered to the State.(b) Vendors seeking to prequalify to receive bid invitations shall present evidence that they have the ability, resources, and facilities to adequately supply the State. The following tests shall be applied by the Department of General Services in considering vendor applications for prequalification.(1) Requirements of the State. Lists of prequalified vendors shall be established where evidence exists that the State requires products competitively offered by applicant vendor. If, during the twelve (12) months preceding application, the aggregate purchases by the State of products substantially similar to those competitively offered are more than five thousand dollars ($5,000) and, during this same period, any single purchase exceeded one thousand dollars ($1,000), a list of prequalified vendors shall be established.(2) Geographic Limits. Vendors may be prequalified to receive bid invitations for purchases for delivery within those market areas of the State in which the vendor regularly conducts his business. If a vendor applies for prequalification outside the normal market area in which his offices, warehouses or other facilities are located, he shall show evidence of satisfactory service to accounts located within each of the market areas for which he is requesting prequalification.(3) Compliance With Standards. Where standard specifications for products have been established by the Department, the vendor shall present evidence that the product offered complies with such standards.(4) Experience. The vendor shall show evidence of adequate experience in selling and providing post-purchase service to accounts with requirements similar to those of the State. Vendors with less than two years of experience in selling the products offered shall provide evidence of satisfactory service to other accounts purchasing the product offered in quantities and qualities similar to that normally required by the State.(5) Inventories. The vendor shall have readily available to him an inventory of new products and, if applicable, replacement or repair parts for the products offered and such inventories shall be of sufficient size and scope to permit timely delivery of the products and parts in compliance with the normal requirements of the State within the market areas for which the vendor requests prequalification. If such readily available inventories are less than the normal annual State requirements for the product offered within the geographic area of prequalification, the vendor shall show evidence of his ability to augment these inventories from other sources adequate to assure the timely delivery of these products.(6) Post-Purchase Service and Technical Assistance. For products of a type normally requiring the vendor to employ or make available trained or licensed personnel to provide post-purchase service and technical assistance, the vendor shall show evidence that such personnel will be readily available on a timely basis to the State at such locations as required by the State.(7) Licenses. The vendor shall hold all licenses and permits required by law to furnish materials, or to perform services required under the contract or purchase order.(8) Fabrication to State Specifications. When the product offered requires manufacture or fabrication to specifications established by the State, the vendor shall show that facilities and personnel capable of manufacturing or fabricating the product in compliance with the State specification are readily available to him.(c) Vendors seeking prequalification to receive bid notices shall complete a standard application form and questionnaire prescribed and furnished by the Department of General Services. The Department of General Services may also require such additional or supplemental information as it deems necessary.(d) The Department of General Services may require any vendor to resubmit evidence of his qualifications at such times, and under such conditions as it may require. The question whether a particular bidder is a "responsible bidder," within the requirements of Public Contract Code Section 10301, involves an evaluation of the bidder's experience, facilities, reputation, financial resources, and other factors existing at the time of contract award. Prequalification of a vendor to be placed on a prequalified vendor list shall not foreclose the State from determining that the vendor is not a "responsible bidder" within the statutory requirements at the time of contract award for purposes of that award.Cal. Code Regs. Tit. 2, § 1890
1. New article (§§1890 and 1891) filed 9-13-55 as an emergency; effective upon filing (Register 55, No. 14).
2. Amendment filed 3-11-65 as procedural and organizational; effective upon filing (Register 65, No. 4).
3. Amendment filed 12-13-67; effective thirtieth day thereafter (Register 67, No. 50).
4. Amendment filed 12-23-76; effective thirtieth day thereafter (Register 76, No. 52).
5. Editorial correction of NOTE filed 10-22-82 (Register 82, No. 43).
6. Repealer of subsection (b) and relettering of subsections (c)-(e) to subsections (b)-(d) filed 10-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 43).
7. Amendment of subsections (b) and (d) filed 3-4-83; effective thirtieth day thereafter (Register 83, No. 10).
8. Editorial correction of NOTE filed 3-8-84 (Register 84, No. 10).
9. Change without regulatory effect of subsections (a)(2), (a)(4) and (d) filed 4-14-87; operative 5-14-87 (Register 87, No. 16). Note: Authority cited: Sections 10303 and 10315, Public Contract Code. Reference: Sections 10301, 10302, 10303 and 10307, Public Contract Code.
1. New article (ss 1890 and 1891) filed 9-13-55 as an emergency; effective upon filing (Register 55, No. 14).
2. Amendment filed 3-11-65 as procedural and organizational; effective upon filing (Register 65, No. 4).
3. Amendment filed 12-13-67; effective thirtieth day thereafter (Register 67, No. 50).
4. Amendment filed 12-23-76; effective thirtieth day thereafter (Register 76, No. 52).
5. Editorial correction of NOTE filed 10-22-82 (Register 82, No. 43).
6. Repealer of subsection (b) and relettering of subsections (c)-(e) to subsections (b)-(d) filed 10-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 43).
7. Amendment of subsections (b) and (d) filed 3-4-83; effective thirtieth day thereafter (Register 83, No. 10).
8. Editorial correction of NOTE filed 3-8-84 (Register 84, No. 10).
9. Change without regulatory effect of subsections (a)(2), (a)(4) and (d) filed 4-14-87; operative 5-14-87 (Register 87, No. 16).