§ 163-A — Vendor preparation of specifications for technology procurements; prohibitions

§ 163-a. Vendor preparation of specifications for technology\nprocurements; prohibitions. If a vendor prepares and furnishes\nspecifications for a state agency technology procurement proposal, to be\nused in a competitive acquisition, such vendor shall not be permitted to\nbid on such procurement, either as a prime vendor or as a subcontractor.\nContracts for evaluation of offers for products or services shall not be\nawarded to a vendor that would then evaluate its own offers for products\nor services. Such restrictions shall not apply where:\n 1. The vendor is the sole source or single source of the product or\nservice;\n 2. More than one vendor has been involved in preparing the\nspecifications for a procurement proposal;\n 3. A vendor has furnished at government request specifications or\ninformation regarding a product or service they provide, but such vendor\nhas not been directly requested to write specifications for such product\nor service or an agency technology procurement proposal; or\n 4. The state agency together with the office of information technology\nservices determines that the restriction is not in the best interest of\nthe state. Such office shall notify each member of the advisory council\nestablished in article one of the state technology law of any such\nwaiver of these restrictions.\n