8A.207 - PROCUREMENT OF INFORMATION TECHNOLOGY.
8A.207 PROCUREMENT OF INFORMATION TECHNOLOGY.
1. Standards established by the department, unless waived by the
department, shall apply to all information technology procurements
for participating agencies.
2. The department shall institute procedures to ensure effective
and efficient compliance with standards established by the
department.
3. The department, by rule, may implement a prequalification
procedure for contractors with which the department has entered or
intends to enter into agreements regarding the procurement of
information technology.
4. Notwithstanding the provisions governing purchasing as
provided in subchapter III, the department may procure information
technology as provided in this section. The department may cooperate
with other governmental entities in the procurement of information
technology in an effort to make such procurements in a
cost-effective, efficient manner as provided in this section. The
department, as deemed appropriate and cost-effective, may procure
information technology using any of the following methods:
a. Cooperative procurement agreement. The department may
enter into a cooperative procurement agreement with another
governmental entity relating to the procurement of information
technology, whether such information technology is for the use of the
department or other governmental entities. The cooperative
procurement agreement shall clearly specify the purpose of the
agreement and the method by which such purpose will be accomplished.
Any power exercised under such agreement shall not exceed the power
granted to any party to the agreement.
b. Negotiated contract. The department may enter into an
agreement for the purchase of information technology if any of the
following applies:
(1) The contract price, terms, and conditions are pursuant to the
current federal supply contract, and the purchase order adequately
identifies the federal supply contract under which the procurement is
to be made.
(2) The contract price, terms, and conditions are no less
favorable than the contractor's current federal supply contract
price, terms, and conditions; the contractor has indicated in writing
a willingness to extend such price, terms, and conditions to the
department; and the purchase order adequately identifies the contract
relied upon.
(3) The contract is with a vendor which has a current exclusive
or nonexclusive price agreement with the state for the information
technology to be procured, and such information technology meets the
same standards and specifications as the items to be procured and
both of the following apply:
(a) The quantity purchased does not exceed the quantity which may
be purchased under the applicable price agreement.
(b) The purchase order adequately identifies the price agreement
relied upon.
c. Contracts let by another governmental entity. The
department, on its own behalf or on the behalf of another
participating agency or governmental entity, may procure information
technology under a contract let by another agency or other
governmental entity, or approve such procurement in the same manner
by a participating agency or governmental entity.
d. Reverse auction.
(1) The department may enter into an agreement for the purchase
of information technology utilizing a reverse auction process. Such
process shall result in the purchase of information technology from
the vendor submitting the lowest responsible bid amount for the
information technology to be acquired. The department, in
establishing a reverse auction process, shall do all of the
following:
(a) Determine the specifications and requirements of the
information technology to be acquired.
(b) Identify and provide notice to potential vendors concerning
the proposed acquisition.
(c) Establish prequalification requirements to be met by a vendor
to be eligible to participate in the reverse auction.
(d) Conduct the reverse auction in a manner as deemed appropriate
by the department and consistent with rules adopted by the
department.
(2) Prior to conducting a reverse auction, the department shall
establish a threshold amount which shall be the maximum amount which
the department is willing to pay for the information technology to be
acquired.
(3) The department shall enter into an agreement with a vendor
who is the lowest responsible bidder which meets the specifications
or description of the information technology to be procured, or the
department may reject all bids and begin the process again. In
determining the lowest responsible bidder, the department may
consider various factors including, but not limited to, the past
performance of the vendor relative to quality of product or service,
the past experience of the department in relation to the product or
service, the relative quality of products or services, the proposed
terms of delivery, and the best interest of the state.
e. Competitive bidding. The department may enter into an
agreement for the procurement or acquisition of information
technology in the same manner as provided under subchapter III for
the purchasing of service.
f. Other agreements. In addition to the competitive bidding
procedure provided for under paragraph "e", the department may
enter into an agreement for the purchase, disposal, or other
disposition of information technology in the same manner and subject
to the same limitations as otherwise provided in this chapter. The
department, by rule, shall provide for such procedures.
5. The department shall adopt rules pursuant to chapter 17A to
implement the procurement methods and procedures provided for in
subsections 2 through 4. Section History: Recent Form
2003 Acts, ch 145, §23