Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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.
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.
