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Participants and Roles - 907

While DGS (and CDT when applicable) is responsible for the administration of the negotiating authority, successful negotiations require the cooperation of three key stakeholders: DGS, CDT, and the buying agency. The following guidelines establish that all parties are co-approvers of any final, negotiated outcome. Departments are advised to ensure that all state participants are free from economic conflicts of interest before beginning work on a Public Contract Code, Section 6611 negotiation project. See Government Code, Section 81000 et seq. (Political Reform Act); see also Government Code, Section 1090. Not all participants listed in the table below are required in all situations.

Participants Roles
Procurement Official (DGS or CDT)
  • Conducts the procurement in accordance with the laws of the State of California;
  • Coordinates contract negotiations sessions;
  • Coordinates DGS Legal participation in negotiations, if required; and
  • Oversees negotiation sessions.
  • Co-approval of final negotiated agreement.
Buying Agency
  • Participates in negotiation sessions to ensure outcomes meet program needs.
  • Co-approval of final negotiated agreement.
Core Negotiation Team
  • DGS and/or CDT, and sponsoring agency:
    • Provides negotiation facilities;
    • Prepares negotiation points;
    • Participates in negotiation sessions; and
    • Tracks status of outstanding items and completed agreements
State Evaluation Team Members 
  • SMEs tasked with evaluating bid submissions
  • Participates in negotiations sessions, as required. May be same individuals as core negotiation team.
Subject Matter Experts (SMEs)
  • Provides subject matter expertise and support to the Core Negotiation Team and state Evaluation Team, as requested.
CDT (where DGS is the procurement official)

Ensure negotiations meet all applicable IT architecture, technical, and project standards.
Bidder Negotiation Team
  • At a minimum, the supplier team:
    • Prepares negotiation materials in response to negotiations points;
    • Participates in negotiations sessions;
    • Develops and provides revised proposal materials for state review and agreement during the negotiation sessions; and
    • Provides Best and Final Offer (BAFO) that incorporates all negotiated changes.

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