If a consultant participates in the development of Stage 2, 3 or 4 deliverables, can the same consultant contract as a part of the end product solution?
Except in unique circumstances, the answer is no. California Public Contract Code Section 10365.5 states consultants are prohibited from bidding on or being awarded a follow-on contract based on the product of a previous contract by that consultant. Therefore, a consultant that participates in the development of any part of Stage 2, 3 and/or 4 deliverable may not be included in the contract for the end product solution after the proposal is approved in Stage 4. Additional information can be found in California Public Contract Code Sections 10365.5, 10430, and State Administrative Manual, Management Memo 04-09.