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This entry was published on 2014-09-22
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Vendor preparation of specifications for technology procurements; prohibitions
State Finance (STF) CHAPTER 56, ARTICLE 11
§ 163-a. Vendor preparation of specifications for technology
procurements; prohibitions. If a vendor prepares and furnishes
specifications for a state agency technology procurement proposal, to be
used in a competitive acquisition, such vendor shall not be permitted to
bid on such procurement, either as a prime vendor or as a subcontractor.
Contracts for evaluation of offers for products or services shall not be
awarded to a vendor that would then evaluate its own offers for products
or services. Such restrictions shall not apply where:

1. The vendor is the sole source or single source of the product or

2. More than one vendor has been involved in preparing the
specifications for a procurement proposal;

3. A vendor has furnished at government request specifications or
information regarding a product or service they provide, but such vendor
has not been directly requested to write specifications for such product
or service or an agency technology procurement proposal; or

4. The state agency together with the office of information technology
services determines that the restriction is not in the best interest of
the state. Such office shall notify each member of the advisory council
established in article one of the state technology law of any such
waiver of these restrictions.