Procurement & Support
Services Policy and Procedure
Procedure |
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Mandated
Requirements
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1. Disabled Veteran Business
Enterprises (DVBE)
State law requires State agencies make efforts to achieve a goal
of three (3) percent participation for disabled veteran business
enterprises (DVBE) in State contracts. To view the California
State University's DVBE requirements, access the CSU website:
http://www.calstate.edu/csp/crl/policy/policy5-20-05.doc#_Toc104261710
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2. Small Business Procurement and Contracts Act
The Government Code provides for small business preference where
capability and quality are equal. To receive the small business
5% preference, a binder must be currently certified by the State
of California and request the preference on each bid or be a
non-small business bidder committing to no less than 25% small
business subcontracting participation. To view the California
State University's Small Business Procurement Requirements,
access the CSU website:
http://www.calstate.edu/csp/crl/policy/policy5-20-05.doc#_Toc104261717
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3. Ethnicity Race and Gender in Contracts
a. Requirements:
Campuses shall collect the voluntary
information prescribed on the "Voluntary Statistical
Data" form on all procurement
transactions specified in the Reporting Section below. The
Voluntary Statistical Data form can
be found in the Contract Resources Library.
b. Special Conditions:
Awarding departments are prohibited from using
the data compiled under this section to
discriminate or provide a preference in the awarding of any
contracts. Contractors are
prohibited from using the information compiled under this
section to discriminate or provide a
preference in the solicitation or acceptance of bids for
subcontracting, or for materials or
equipment, on the basis of race, color, sex, ethnic origin, or
ancestry.
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4. Recycled Product Acquisitions
Fitness and quality being equal, purchase preference shall be
given to recycled products whenever such products are available
and the cost of such products is no greater than that of their
non-recycled counterparts. To view the California State
University's Recycling Requirements, access the CSU Web site:
http://www.calstate.edu/csp/crl/policy/policy5-20-05.doc#_Toc104261754
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5. Sole Brand Procurement
A sole brand procurement is prohibited except in the following
instances:
a. The sole brand product is unique and essential to the CSU's
requirements, thereby
precluding
consideration of a product manufactured by another company, or
b. The sole brand product is required to
match other similar product already in place and the
use of an alternate
product would cause the CSU to incur substantial additional
costs.
c. The sole brand product is required for
the immediate preservation of the public health,
welfare, or safety,
or the protection of CSU property and programs.
d. The determination as to whether a
procurement has been adequately justified in writing for
a sole brand award
shall be made by the designated campus authority.
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6. Sole Source Procurement
Except where a contract is necessary for the immediate
preservation of the public health, welfare,
or
safety, or the protection of CSU property and programs, a sole
source procurement is
permissible only when a determination has been made and approved
in writing, that only one sole
source
exists for the required product or service.
A
requirement for a proprietary (or sole brand) item does not
necessarily justify sole source
procurement, as more than one potential bidder or supplier may
exist who can supply that item.
The
sole source request must clearly demonstrate:
a. That there is only one source or only one supplier that can
provide the goods or services in
accordance with the requirements of the CSU, or
b. The existence of limited rights in data patent rights,
copyrights or secret processes makes
the supplies or services available from only one source (however
the mere existence of such
rights or circumstances does not in and of itself justify a sole
source procurement).
Addition of new work that was not within the scope of or
incidental to, the original contract
scope of work, either as part of the base contract or as an
option, is subject to sole source
requirements.
The determination as to whether a procurement has been
adequately justified in writing for a
sole source award shall be made by the designated authority.
Campus sole source requests
for acquisitions $100,000 or more must be approved by a campus
authority no lower than
Vice President for Administration/Finance. For sole sources of
$250,000 or greater, a copy
of the requisition, the justification, and other pertinent
documentation must be forwarded to
the Chancellor's Office CS&P for review and final approval.
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