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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