2017 California Code
Penal Code - PEN
PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS
TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS
CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice
ARTICLE 3.5 - Fingerprints and Photographs
(a) Costs for equipment purchases based upon the master plan approved by the Attorney General, including state sales tax, freight, insurance, and installation, shall be prorated between the state and local governmental entity. The state’s share shall be 70 percent. The local government’s share shall be 30 percent, paid in legal tender. Purchases may be made under the existing Cal-ID contract through the Department of General Services.
(b) Alternatively, at the discretion of the local board, an independent competitive procurement may be initiated under the following conditions:
(1) Prior to submitting a bid in an independent procurement, any prospective bidder must demonstrate the ability to meet or exceed performance levels established in the existing Cal-ID contract and demonstrate the ability to interface with Cal-ID and meet or exceed performance levels established in the existing Cal-ID contract without degrading the performance of the Cal-ID system.
(2) Both qualifying benchmarks will be at the prospective bidder’s expense and will be conducted by the Department of Justice.
(3) In the event that no vendor other than the existing contract vendor qualifies to bid, purchases shall be made by the Department of General Services on behalf of local agencies pursuant to the existing Cal-ID contract.
(c) Competitive local procurements must adhere to the following guidelines:
(1) Administrative requirements contained within Section 5200 of the State Administrative Manual shall be met.
(2) Local procurements shall not increase the costs the state would otherwise be obligated to pay.
(3) Final bids submitted in an independent procurement shall contain a signed contract that represents an irrevocable offer that does not materially deviate from the terms and conditions of the existing Cal-ID contract.
(4) The selected vendor shall post a performance bond in an amount equal to 25 percent of the local equipment costs. The bond shall remain in effect until the local acceptance test has been successfully completed.
(5) Requests for tender, including contract language, shall be approved by the Department of General Services prior to release. The Department of General Services and the Department of Justice shall be represented on the evaluation and selection team.
(d) The local government agency shall be responsible for all costs related to conducting a local bid, site preparation, equipment maintenance, ongoing operational costs, file conversion over and above those records that are available on magnetic media from the Department of Justice, and equipment enhancements or systems design which exceed the basic design specifications of the Department of Justice. The state shall provide sufficient circuitry to each county, or group of counties to handle all fingerprint data traffic. The state shall provide for annual maintenance of that line.
(Amended by Stats. 2008, Ch. 699, Sec. 16. Effective January 1, 2009.)