1233 CONTRACTS EXEMPT FROM CALIFORNIA STATE CONTRACTS REGISTER ADVERTISING
(Revised 2/99)
- Contract approval by DGS.
The following exemptions relate solely to publication in CSCR and are not to be construed as exemption from contract approval by DGS. See PCC Section 10295. When contracts exempt from CSCR advertising are transmitted to DGS for approval, they must be accompanied by either an approved copy of Exempt Request form, STD 821, or a statement by the agency indicating the basis for exemption as listed in paragraph 3 of this section. Additionally, there must be evidence of an authorized approval pursuant to Executive Order W-103-94.
- The contracts for the services in Paragraph 3, following, must still be reasonable in cost and justification for the cost must be included on Contract Transmittal form, STD. 15.
- The following contracts do not require CSCR advertising and do not need advertising exemption approval on STD. 821:
- Emergency contracts which are necessary for the immediate preservation of life or state property;
- Contracts for the work or services of a state, local or federal agency, the University of California, the California State University, a California community college, a foundation or auxiliary organization incorporated to support the universities and colleges, or a Joint Powers Agency;
- Services for which the state has entered into a master service agreement;
- Subvention contracts (nondiscretionary grants) with a private or nonprofit entity for the purpose of providing services to the public or segments thereof;
- Maintenance agreements for equipment that is under documented warranty, or where there is only one authorized or qualified representative, or where there is only one distributor in the area for parts and services;
- Refuse and/or sewage disposal contracts where there is no competition because they are the authorized franchise dealers providing services to a specific geographical area;
- Medical care services with physicians, local community hospitals, medical groups (related offsite laboratory services are not included), and 911 emergency ambulance calls;
- Proprietary software contracts;
- Contracts for National Professional Examinations;
- Leases or rentals for use as examination sites or space for booths at job/trade fairs;
- Entertainment contracts for state-sponsored fairs and expositions;
- Contracts which are temporary or time-limited appointments to a nontesting civil service classification for the purpose of meeting a time-limited employment need. Selection and compensation for these appointments shall be made in accordance with state civil service requirements;
- Contracts for which only per diem and travel expenses are paid and there is no payment for services rendered;
- Contracts solely for the purpose of obtaining expert witnesses for litigation;
- Contracts for legal defense, legal advice, or legal services by an attorney or the attorney’s staff;
- Contracts with business entities operating Community Based Rehabilitation Programs (CRP), which meet the criteria established by Welfare and Institutions Code Section 19404;
- Contracts that can only be performed by a public entity as defined in Unemployment Insurance Code Section 605(b); and
- Amendments to existing contracts under the same terms and the same or lower rates, where a protest or other legal action delays the award of a new contract. These amendments should only last during the period the protest or legal action is pending and a new contract can be executed, but in no case shall this exemption from advertising extend beyond six months.
- Contracts for conference or meeting facilities, including room accommodations for conference attendees.
