The IT Alliance for Public Sector (ITAPS) had raised concerns as the bill was being considered during the legislative process. Our concerns, on behalf of the IT vendor community, centered on a requirement that all agencies use a contract template “without alternations.” Thankfully, the bill’s sponsor, state Rep. Nancy Nathanson, agreed to amend her bill to address ITAPS’ concern. In a statement for the record, Rep. Nathanson stated, “the bill is about the process of these contracts, not the content of these contracts.” She also pointed out that “a question raised was whether the state agency could still negotiate the contract. The ability for a state agency to negotiate terms and conditions are fundamental to the contracting code. This bill doesn’t change that. The intent is to ensure the ability to negotiate individual contracts.”
Among other changes, the law will also require the Department of Administrative Services (DAS) to:
- Establish standards for education, training, and experience required to conduct procurement or administer a public contract;
- Sign and retain in the state contracting agency’s records a statement that acknowledges that the head of the state contracting agency has reviewed the advice and recommendations by DAS and the Department of Justice or other legal counsel;
- Develop and evaluate advice and recommendations for promoting best practices;
- Evaluate the feasibility and practicality of, and methods by which, the state may develop and implement a system of peer review or a reservoir of shared expertise among state agencies; and,
- Report to an interim legislative committee by Nov. 31, 2015.
This is reprinted with permission from ITAPS, a division of the Information Technology Industry Council (ITI).