Section 12104.5 - Rules and requirements governing requests for proposal communicated to vendors; statement respecting loss leader(a) All rules and requirements governing an information technology acquisition, for which the Department of General Services or the Department of Technology determines that a request for proposal (RFP) is appropriate, shall be communicated in writing to all vendors that have expressed an intent to bid and shall be posted in a public location. Any changes to the rules and requirements governing that RFP shall be communicated in writing to all vendors that have expressed an intent to bid and shall be posted in a public location. Requirements other than those provided by law or outside of the published RFP and posted addendums shall not be used to score bids.(b)(1) All requests for proposals shall contain the following statement: "It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code."
(2) The Department of General Services shall post in the State Contracting Manual instructions for including the statement required by paragraph (1) in all affected contracts.(3) The statement required by paragraph (1) shall be deemed to be part of a request for proposal even if the statement is inadvertently omitted from the request for proposal.(c) The requirements of this section shall be in addition to any other requirement provided by law.Ca. Pub. Cont. Code § 12104.5
Amended by Stats 2013 ch 28 (SB 71),s 63, eff. 6/27/2013, op. 7/1/2013.Amended by Stats 2009 ch 490 (AB 926),s 6, eff. 1/1/2010.Added by Stats 2005 ch 556 (SB 954),s 4, eff. 10/5/2005.