Section 38078.5 - Purchases(a) A cooperative agreement involving the purchase of electronic data processing hardware, software, or services, or telecommunication goods and services, up to a purchase amount of fifty thousand dollars ($50,000), shall be exempt from Chapter 3 (commencing with Section 12100) and Chapter 3.5 (commencing with Section 12120) of Part 2 of Division 2 of the Public Contract Code, and from Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code.(b) A cooperative agreement with a unit of local or state government that requires the purchase of capital equipment shall utilize the contractor's existing procurement systems for the purchase of equipment. (c) A cooperative agreement with a nonprofit organization that provides for capital expenditures as part of a line item budget shall utilize a procurement system for the purchase of equipment under a cooperative agreement that meets the following standards: (1) The nonprofit organization shall maintain a code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in awarding procurement contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a procurement contract in which, to his or her knowledge, he or she has a financial interest.(2) Procurements shall be conducted in a manner that provides, to the maximum extent practical, open and free competition.(3) Procurements shall be conducted in a manner that provides for all of the following: (A) Avoidance of the purchasing of unnecessary or duplicate items.(B) Solicitation for capital expenditures based upon a clear and accurate description of the technical requirements of the capital goods to be procured.(C) The taking of positive steps to utilize small, minority, women, or veteran owned businesses.(d) Notwithstanding subdivisions (a), (b), and (c), the Director of General Services may exempt from those requirements any purchases in excess of fifty thousand dollars ($50,000) annually of capital equipment, and electronic data processing and telecommunications goods and services made under a cooperative agreement for which, in his or her judgment, the exemption is appropriate and in the best interests of the state. Written notice of an exemption shall be given to the Controller.(e) Subdivision (a) shall become inoperative on June 30, 1997.Ca. Health and Saf. Code § 38078.5
Added by Stats. 1993, Ch. 1033, Sec. 1. Effective January 1, 1994.