Post Evaluation for IT Services Contracts - 2100.6

Policy

Pursuant to Public Contract Code (PCC), Section 12102.3, state departments must complete, file, and submit a post evaluation for each contract for the acquisition of Information Technology (IT) services related to an IT project and totaling five hundred thousand dollars ($500,000) or more. The state department receiving the services must complete the form and submit the form in accordance with the procedures outlined below.

State departments are encouraged to use (complete and keep internally) the Post Evaluation for IT Services Contracts (STD 971) form for all other IT services contracts under $500,000.

For purposes of this policy and procedure, IT personal and consulting services contracts are collectively referred to as “IT Services Contracts”.

For purposes of this policy and procedure, “contractor” is defined as the prime contractor.

PCC Section 12102.3(b) requires that DGS and the California Department of Technology (CDT) jointly develop a standard form(s) and procedures to implement §12102.3. Therefore, modifications to the STD 971 form and related processes cannot be made without prior agreement and approval of both the Department of General Services, Procurement Division (DGS/PD) and CDT. DGS/PD and CDT shall jointly gather feedback from stakeholders in the IT industry prior to finalizing, approving, and implementing changes.

CDT shall act as a central depository for all state departments submitting post evaluations. CDT shall provide a copy of any post evaluation submitted pursuant to PCC 12102.3, including any contractor responses to the contracting manager or contracting officer of any state department, upon request. Failure by a state department to complete and submit a post evaluation to CDT’s central depository may be grounds for rejection of future delegation of IT projects pursuant to Section 11546 of the Government Code.

Completed STD 971 Post Evaluation for IT Services Contracts forms, as well as any contractor responses, are exempt from the California Public Records Act (PRA). While other components of a contract file may not be exempt from the PRA, neither this post evaluation nor contractor response is a public record and therefore must not be provided in response to a PRA request.

Procedure

The procedures below apply to IT personal and consulting services contracts totaling five hundred thousand dollars ($500,000) or more, and acquired in connection with an IT project as defined in Section 4819.2 of the State Administrative Manual.

State departments must use form STD 971 Post Evaluation for IT Services Contracts and adhere to the following procedures:

Step	Task	Timeframe
1	Complete the STD 971 Post Evaluation for IT Services Contracts Post evaluations are completed by the state department receiving the services. If the DGS/PD or the CDT execute a contract on behalf of a state department, the state department receiving the services must complete the Post Evaluation for IT Services Contracts form STD 971 and adhere to the procedures identified herein. Post evaluations shall include objective facts and be supported with program and contract performance data. Metrics appropriate to the nature of the IT services and project type shall be included. State departments may attach additional sheets to the STD 971 form in order to provide details about the unsatisfactory performance. The evaluator who signs the STD 971 Post Evaluation for IT Services Contracts confirms: That they are a public official and employee of the State of California. The accuracy of the information provided in the STD 971 and any attached document. A public official is defined as the state employee performing the evaluation, also known as the “evaluator.” The evaluator is any public official who oversees the performance and payment of a contract. Examples of working titles that may apply to an evaluator include: the contract manager, project manager, program manager, etc.	Within 60 calendar days of the completion of the contract. Contract completion is defined as the contract term end date, including all amendments.
2	Submit a copy of the completed STD 971 Post Evaluation for IT Services Contracts to CDT electronically to the address indicated on the STD 971 form.	Within 5 working days of the completion of the STD 971.
3	If submitting span unsatisfactory post evaluation to CDT, the department shall also send a copy to the contractor. Post evaluations are completed by the state department receiving the services. If the DGS/PD or the CDT execute a contract on behalf of a state department, the state department receiving the services must complete the Post Evaluation for IT Services Contracts form STD 971 and adhere to the procedures identified herein. The copy sent to the contractor serves as the notification. The electronic notification must include the following information and instructions to the contractor: The notification is being provided pursuant to PCC, Section 12102.3(f)(1) Pursuant to PCC, Section 12102.3(f)(2), the contractor may comment on a negative post evaluation. There is no formal review, ruling, or appeal process for post evaluations. Negative post evaluation contractor comments shall be submitted to CDT at Form971@state.ca.gov and the state department receiving the services at the specified email address. Contractor is required to identify the contract number in all communications related to the negative post evaluation.	No later than 15 calendar days after STD 971 submission to CDT.
4	Post evaluations shall remain on file at the office of the state department receiving the services for a period of no less than 36 months following contract completion. Contract completion is defined as the contract term end date, including all amendments. After the 36-month period, a state department may remove the post evaluation for any reason (i.e. at the request of the contractor or in accordance with a records retention schedule).	No less than 36 months.
5	A contractor may comment on a negative post evaluation. Any contractor comments in response to a negative post evaluation shall be submitted to the state department and the CDT. State departments, upon receipt of comments from a contractor, must attach the comment(s) to the original STD 971 and keep on file.
6	A contracting manager or contracting officer desiring information on a contractor’s record shall submit their request through CDT’s central depository established for all state departments at: Form971@state.ca.gov.