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Back to Purchasing Authority Management Section
Contract Advertising Exemption
California law requires that departments advertise competitive solicitations for all service contracts valued at $5,000 and greater. A Contract Advertising Exemption Request is an exemption, granted by the Procurement Division, from the requirement to advertise in the California State Contracts Register (CSCR). Exemptions to the requirement must be submitted to the Procurement Division on a Contract Advertising Exemption Request (Std. 821). This form is used for two purposes:
1. When a competitive solicitation is requested to be exempted from advertising
2. When competition through solicitation is neither feasible nor possible
When a solicitation will be conducted, but the department is requesting an advertising exemption, the department must submit a written statement with the Request that explains why an exemption is being requested, provide supporting information such as why the services cannot be advertised, and include a list of the contractors that will be solicited. A Non-Competitively Bid (NCB) Contract Justification is not required.
When a solicitation will not be conducted, and the department is requesting an advertising exemption, an NCB Contract Justification must be submitted with the Request. The NCB Contract Justification is to be used when the justification concerns an individual contract or amendment.
The Special Category NCB Request (SCR) form is to be used whenever the justification for non-competitiveness is for a category of goods or services. Follow the instructions included as page 3 of the SCR for more detailed explanation of use and submission.
Forms
For information regarding non-information technology services contracting, contact the Office of Legal Services at http://www.ols.dgs.ca.gov/
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