California Public Contract Code Section 6611

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(a) Notwithstanding any other provision of law, the
Department of General Services may, relative to contracts for goods,
services, information technology, and telecommunications, use a
negotiation process if the department finds that one or more of the
following conditions exist:
   (1) The business need or purpose of a procurement or contract can
be further defined as a result of a negotiation process.
   (2) The business need or purpose of a procurement or contract is
known by the department, but a negotiation process may identify
different types of solutions to fulfill this business need or
purpose.
   (3) The complexity of the purpose or need suggests a bidder's
costs to prepare and develop a solicitation response are extremely
high.
   (4) The business need or purpose of a procurement or contract is
known by the department, but negotiation is necessary to ensure that
the department is receiving the best value or the most cost-efficient
goods, services, information technology, and telecommunications.
   (b) When it is in the best interests of the state, the department
may negotiate amendments to the terms and conditions, including scope
of work, of existing contracts for goods, services, information
technology, and telecommunications, whether or not the original
contract was the result of competition, on behalf of itself or
another state agency.
   (c) (1) The department shall establish the procedures and
guidelines for the negotiation process described in subdivision (a),
which procedures and guidelines shall include, but not be limited to,
a clear description of the methodology that will be used by the
department to evaluate a bid for the procurement goods, services,
information technology, and telecommunications.
   (2) The procedures and guidelines described in paragraph (1) may
include provisions that authorize the department to receive
supplemental bids after the initial bids are opened. If the
procedures and guidelines include these provisions, the procedures
and guidelines shall specify the conditions under which supplemental
bids may be received by the department.
   (d) An unsuccessful bidder shall have no right to protest the
results of the negotiating process undertaken pursuant to this
section. As a remedy, an unsuccessful bidder may file a petition for
a writ of mandate in accordance with Section 1085 of the Code of
Civil Procedure. The venue for the petition for a writ of mandate
shall be Sacramento, California. An action filed pursuant to this
subdivision shall be given preference by the court.

Last modified: July 31, 2008