The State Contract Act governs the bidding and award of public works contracts by specific state departments. That act prohibits, except in specified circumstances, a state agency responsible for letting public works contracts from drafting bid specifications in a manner that limits the bidding to any one concern or product, except under certain circumstances.

Existing law relating to the state acquisition of goods and services requires all contracts for the acquisition or lease of goods in an amount of $25,000, or a higher amount as established by the Director of General Services, to be made or entered into with the lowest responsible bidder meeting specifications, except in certain cases, including when the acquiring agency and the Department of General Services agree that an article of a specified brand or trade name is the only article that will properly meet the needs of the agency. That existing law, with respect to contracts for services, requires the department to prescribe the conditions under which a contract may be awarded without competition, and the methods and criteria to be used in determining the reasonableness of contract costs when a contract is awarded without competition.

This bill would require the department to, until January 1, 2023, submit an annual report to the Legislature, that shall also be made available to the public, of all noncompetitive bid contract requests it approved during the preceding year and the mechanisms the department employed during the previous year to enforce compliance with noncompetitive procurement laws and policies, as specified.