§ 147-33.95. Procurement of information technology.
Part 4. Procurement ofInformation Technology.
§ 147‑33.95. Procurement of information technology.
(a) Notwithstanding anyother provision of law, the Office of Information Technology Services shallprocure all information technology for State agencies. The Office shallintegrate technological review, cost analysis, and procurement for allinformation technology needs of those State agencies in order to makeprocurement and implementation of technology more responsive, efficient, andcost‑effective. All contract information shall be made a matter of publicrecord after the award of contract. Trade secrets, test data, similarproprietary information, and security information protected under G.S. 132‑6.1(c)may remain confidential.
(b) The Office shallhave the authority and responsibility, subject to the provisions of this Part,to:
(1) Purchase or contractfor all information technology in the State government, or any of itsdepartments, institutions, or agencies covered by this Part. The Office mayauthorize any State agency covered by this Part to purchase or contract forinformation technology. The Office or a State agency may use any authorizedmeans, including negotiations, reverse auctions, and the solicitation, offer,and acceptance of electronic bids. G.S. 143‑135.9 shall apply to theseprocedures.
(2) Establish processes,specifications, and standards that shall apply to all information technology tobe purchased, licensed, or leased in the State government or any of itsdepartments, institutions, or agencies covered by this Part.
(2a) Establish proceduresto permit State agencies and local government agencies to use the GeneralServices Administration (GSA) Cooperative Purchasing Program to purchaseinformation technology (i) awarded under General Services Administration SupplySchedule 70 Information Technology and (ii) from contracts under the GSA'sConsolidated Schedule containing information technology special item numbers.
(3) Comply with theState government‑wide technical architecture, as required by the StateCIO.
(c) For purposes ofthis section, "reverse auction" means a real‑time purchasingprocess in which vendors compete to provide goods or services at the lowestselling price in an open and interactive electronic environment. The vendor's pricemay be revealed during the reverse auction. The Office may contract with athird‑party vendor to conduct the reverse auction.
(d) For purposes ofthis section, "electronic bidding" means the electronic solicitationand receipt of offers to contract. Offers may be accepted and contracts may beentered by use of electronic bidding.
(e) The Office may usethe electronic procurement system established by G.S. 143‑48.3 to conductreverse auctions and electronic bidding. All requirements relating to formal andcompetitive bids, including advertisement, seal, and signature, are satisfiedwhen a procurement is conducted or a contract is entered in compliance with thereverse auction or electronic bidding requirements established by the Office.
(f) The Office shalladopt rules consistent with this section. (1999‑434, s. 10; 2000‑174, s. 2; 2002‑107,s. 4; 2002‑159, s. 64(a); 2004‑129, s. 24; 2009‑451, s.6.14A(a).)