Vendors Subject to New Performance Review Under Pending Legislation

Published On: September 10, 2019

Information Technology vendors working for the State of California will undergo new performance evaluations for all contracts of $500,000 or more, under pending legislation by Assembymember Rudy Salas (D- San Francisco).

AB 971 requires departments awarding contracts information technology services to complete a thorough post-evaluation of the contractor and for public officials who sign reports to confirm its accuracy.  The reports will not be subject to the California Public Records Act, according to the latest version of the bill which is in the final stages of the legislative process. 

As of Monday, the bill has passed both houses and is on its way to the governor’s desk.

According to the Senate Floor Analysis, the most recent version of the bill:

  • Requires an awarding department to conduct a post-evaluation of each contract for the acquisition of IT services totaling $500,000 or more that it executes.
  • Requires an awarding department to evaluate the performance of the contractor based on objective facts and with the support of program and contract performance data, within 60 days of the completion of the contract.
  • Requires CDT and DGS to jointly develop a standard form or forms and the procedures for conducting a post-evaluation.
  • Provides that if the contractor’s performance was judged unsatisfactory on any of the factors or metrics, the postevaluation shall be considered unsatisfactory, as specified.
  • Requires postevaluations to remain on file at the offices of the awarding department for a period of 36 months following contract completion, and requires an awarding department to send a copy of the form to CDT within five working days of the completion of the postevaluation.
  • States that if the contractor did not satisfactorily perform the work specified in the contract, the department conducting the postevaluation shall place one copy of the postevaluation form in the department’s contract file and, if the department is not DGS, send one copy of the form to DGS within five working days.
  • Requires an awarding department, upon filing an unsatisfactory postevaluation or sending a copy to CDT, to notify and send a copy of the postevaluation to the contractor within 15 days.
  • Authorizes a contractor to comment on a negative postevaluation. Comments made pursuant to this authorization shall be attached to and filed with the copies of the postevaluation.
  • Specifies that postevaluations and contractor responses are not public records.
  • Requires a public official who signs a postevaluation to confirm its accuracy.

About the Author: Will Keys

Will Keys writes about technology issues for the GovReport. He is a graduate of the Reynolds School of Journalism at the University of Nevada, Reno. He can be reached at will at govreport.org