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Code · California · Public Contract Code

§ 12100

423 words·~2 min read·/ca/public-contract-code/12100

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(a)The Legislature finds that the unique aspects of information technology goods and services and their importance to state programs warrant a separate body of governing statutes. The Legislature further finds that this separate body of governing statutes should enable the timely acquisition of information technology goods and services to meet the state’s needs in the most value-effective manner.
(1)All contracts for the acquisition of information technology goods and services related to information technology projects defined in Chapter 4800 of the State Administrative Manual shall be made by or under the supervision of the Department of Technology consistent with this chapter.
(2)The Department of Technology shall have the authority necessary for the acquisition of information technology goods and services related to information technology projects as prescribed in this chapter.
(c)The Department of Technology shall have the final authority in the determination of information technology procurement policy.
(d)The Department of Technology shall have the final authority in the determination of information technology procurement procedures applicable to acquisitions subject to subdivision
(b)and telecommunications procurements made pursuant to Section 12120.
(e)The Department of Technology shall have the final authority in the determination of procurement policy in telecommunications procurements made pursuant to Section 12120.
(f)Except as expressly provided in subdivision (b), all contracts for the acquisition of information technology goods or services, whether by lease or purchase, shall be made by or under the supervision of the Department of General Services.
(g)Except as expressly provided in subdivision (d), the Department of General Services shall have the final authority in the determination of information technology procurement procedures. This includes, but is not limited to, the following:
(1)Acquisitions delegated by the Department of General Services pursuant to paragraph
(1)of subdivision
(e)of Section 12102.2, if the Department of Technology has also delegated project authority pursuant to subdivision
(b)of Section 11546 of the Government Code.
(2)Acquisitions of information technology goods or services relating to information technology projects delegated by the Department of Technology under subdivision
(b)of Section 11546 of the Government Code, but not delegated by the Department of General Services under paragraph
(1)of subdivision
(e)of Section 12102.2.
(3)If the Department of Technology has not delegated project authority pursuant to subdivision
(b)of Section 11546 of the Government Code, but the Department of General Services has delegated acquisition authority pursuant to paragraph
(1)of subdivision
(e)of Section 12102.2 and the Department of Technology has authorized the state agency to conduct the acquisition.
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