Text: H08647 Text: H08649 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2395, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 6, by inserting after line 2 the 1 4 following: 1 5 "k. Acquiring any information technology device 1 6 necessary for participating agencies. 1 7 l. Acquiring or assisting with the acquisition of 1 8 information technology for governmental entities other 1 9 than participating agencies, if requested by such 1 10 entities, and upon entering into an agreement to 1 11 provide such information technology." 1 12 #2. Page 9, by striking lines 33 through 35 and 1 13 inserting the following: 1 14 "b. Establish, by rule, information technology 1 15 standards which shall be adhered to in the procurement 1 16 of information technology for participating agencies, 1 17 and, as applicable, which shall be adhered to by all 1 18 participating agencies, unless waived pursuant to 1 19 section 14B.104." 1 20 #3. Page 10, by inserting after line 34 the 1 21 following: 1 22 "3. WAIVER. The information technology council, 1 23 upon the written request of a participating agency and 1 24 for good cause shown, may grant a waiver from a 1 25 requirement otherwise applicable to a participating 1 26 agency relating to an information technology standard 1 27 established by the information technology council. 1 28 The information technology council may delegate its 1 29 authority to waive a requirement under this subsection 1 30 to the director." 1 31 #4. By striking page 13, line 20 through page 14, 1 32 line 1, and inserting the following: 1 33 "Sec. . NEW SECTION. 14B.110 INFORMATION 1 34 TECHNOLOGY STANDARDS PROCUREMENT. 1 35 1. Notwithstanding the provisions of this section, 1 36 the information technology department and the 1 37 department of general services shall enter into an 1 38 interagency agreement regarding the division of 1 39 responsibilities between the departments associated 1 40 with the procurement of information technology which 1 41 is acceptable to both departments. The interagency 1 42 agreement shall be subject to renegotiation at least 1 43 every two years, unless an earlier time is provided 1 44 for in the interagency agreement. If the departments 1 45 are unable to agree on the terms of an interagency 1 46 agreement or upon a failure of either department to 1 47 satisfy the terms of the agreement, the departments 1 48 shall inform the department of management that an 1 49 agreement has not been reached or that one of the 1 50 departments has failed to satisfy the terms of the 2 1 agreement. The department of management, upon receipt 2 2 and review of such information, may direct the 2 3 information technology department to proceed with the 2 4 procurement of information technology as provided in 2 5 subsections 2 through 5. 2 6 2. a. Standards established by the council, 2 7 unless waived pursuant to section 14B.104, shall apply 2 8 to all information technology procurements for 2 9 participating agencies. 2 10 b. A participating agency shall submit a request 2 11 to the department for the procurement of any 2 12 information technology. The department, prior to any 2 13 acquisition of such information technology, shall make 2 14 a determination whether the requested information 2 15 technology complies with the information technology 2 16 standards established by the information technology 2 17 council. If a determination is made that the 2 18 information technology complies with such standards, 2 19 the department shall procure the information 2 20 technology. If a determination is made that the 2 21 information technology does not comply with such 2 22 standards, the department shall disapprove the request 2 23 and such information technology shall not be procured 2 24 unless a waiver is granted pursuant to section 2 25 14B.104. 2 26 The information technology department, at the 2 27 request of a participating agency other than the state 2 28 department of transportation, the department for the 2 29 blind, or the lottery division of the department of 2 30 revenue and finance, shall acquire the information 2 31 technology for the participating agency requesting 2 32 such information technology if it is determined to be 2 33 compliant with the standards established by the 2 34 information technology council. 2 35 The state department of transportation, the 2 36 department for the blind, or the lottery division of 2 37 the department of revenue and finance, upon a 2 38 determination by the information technology department 2 39 that a proposed information technology acquisition 2 40 complies with the information technology standards 2 41 established by the information technology council, may 2 42 proceed with such acquisition. The information 2 43 technology department shall provide advice to such 2 44 participating agency regarding the procurement of such 2 45 information technology, including any opportunity to 2 46 aggregate such purchases with other participating 2 47 agencies. 2 48 3. The information technology department, by rule, 2 49 may implement a prequalification procedure for 2 50 contractors which the department has entered or 3 1 intends to enter into agreements regarding the 3 2 procurement of information technology. 3 3 4. Notwithstanding the provisions of chapter 18, 3 4 the department may procure information technology as 3 5 provided in this section. The department may 3 6 cooperate with other governmental entities in the 3 7 procurement of information technology in an effort to 3 8 make such procurements in a cost-effective, efficient 3 9 manner as provided in this section. The department, 3 10 as deemed appropriate and cost-effective, may procure 3 11 information technology using any of the following 3 12 methods: 3 13 a. Cooperative procurement agreement. The 3 14 department may enter into a cooperative procurement 3 15 agreement with another governmental entity for the 3 16 purpose of pooling funds for the purchase of 3 17 information technology, whether such information 3 18 technology is for the use of the department or 3 19 multiple governmental entities. The cooperative 3 20 procurement agreement shall clearly specify the 3 21 purpose of the agreement and the method by which such 3 22 purpose will be accomplished. Any power exercised 3 23 under such agreement shall not exceed the power 3 24 granted to any party to the agreement. 3 25 b. Negotiated contract. The department may enter 3 26 into an agreement for the purchase of information 3 27 technology if any of the following applies: 3 28 (1) The contract price, terms, and conditions are 3 29 pursuant to the current federal supply contract, and 3 30 the purchase order adequately identifies the federal 3 31 supply contract under which the procurement is to be 3 32 made. 3 33 (2) The contract price, terms, and conditions are 3 34 no less favorable than the contractor's current 3 35 federal supply contract price, terms, and conditions; 3 36 the contractor has indicated in writing a willingness 3 37 to extend such price, terms, and conditions to the 3 38 department; and the purchase order adequately 3 39 identifies the contract relied upon. 3 40 (3) The contract is with a vendor which has a 3 41 current exclusive or nonexclusive price agreement with 3 42 the state for the information technology to be 3 43 procured, and such information technology meets the 3 44 same standards and specifications as the items to be 3 45 procured and both of the following apply: 3 46 (a) The quantity purchased does not exceed the 3 47 quantity which may be purchased under the applicable 3 48 price agreement. 3 49 (b) The purchase order adequately identifies the 3 50 price agreement relied upon. 4 1 c. Contracts let by another government entity. 4 2 The department, on its own behalf or on the behalf of 4 3 another participating agency, may procure information 4 4 technology under a contract let by another state 4 5 agency or political subdivision of this state, or 4 6 approve such procurement in the same manner by a 4 7 participating agency. 4 8 d. Reverse auction. 4 9 (1) The department may enter into an agreement for 4 10 the purchase of information technology utilizing a 4 11 reverse auction process. Such process shall result in 4 12 the purchase of information technology from the vendor 4 13 submitting the lowest responsible bid amount for the 4 14 information technology to be acquired. The 4 15 department, in establishing a reverse auction process 4 16 shall do all of the following: 4 17 (a) Determine the specifications and requirements 4 18 of the information technology to be acquired. 4 19 (b) Identify and provide notice to potential 4 20 vendors concerning the proposed acquisition. 4 21 (c) Establish prequalification requirements to be 4 22 met by a vendor to be eligible to participate in the 4 23 reverse auction. 4 24 (d) Conduct the reverse auction in a manner as 4 25 deemed appropriate by the department, and consistent 4 26 with rules adopted by the department. 4 27 (2) Prior to conducting a reverse auction, the 4 28 department shall establish a threshold amount which 4 29 shall be the maximum amount which the department is 4 30 willing to pay for the information technology to be 4 31 acquired. 4 32 (3) The department shall enter into an agreement 4 33 with a vendor who is the lowest responsible bidder 4 34 which meets the specifications or description of the 4 35 information technology to be procured, or the 4 36 department may reject all bids and begin the process 4 37 again. In determining the lowest responsible bidder, 4 38 the department may consider various factors, 4 39 including, but not limited to, the past performance of 4 40 the vendor relative to quality of product or service, 4 41 the past experience of the department in relation to 4 42 the product or service, the relative quality of 4 43 products or services, the proposed terms of delivery, 4 44 and the best interest of the state. 4 45 e. Competitive bidding. The department may enter 4 46 into an agreement for the purchase of information 4 47 technology in the same manner as provided under 4 48 section 18.6, with respect to the department of 4 49 general services. 4 50 f. In addition to the competitive bidding 5 1 procedure provided for under paragraph "e", the 5 2 information technology department may enter into an 5 3 agreement for the purchase, disposal, or other 5 4 disposition of information technology in any other 5 5 manner provided under chapter 18, in the same manner 5 6 and subject to the same limitations as the department 5 7 of general services. The information technology 5 8 department, by rule, shall provide for such 5 9 procedures. 5 10 5. The department shall adopt rules pursuant to 5 11 chapter 17A to implement the procurement methods 5 12 provided for in subsections 2 through 4." 5 13 #5. By renumbering as necessary. 5 14 5 15 5 16 5 17 FALCK of Fayette 5 18 SF 2395.702 78 5 19 mj/cls
Text: H08647 Text: H08649 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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