Section 163-A. Vendor preparation of specifications for technology procurements; prohibitions  


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  • If  a  vendor   prepares   and   furnishes
      specifications for a state agency technology procurement proposal, to be
      used in a competitive acquisition, such vendor shall not be permitted to
      bid on such procurement, either as a prime vendor or as a subcontractor.
      Contracts for evaluation of offers for products or services shall not be
      awarded to a vendor that would then evaluate its own offers for products
      or services. Such restrictions shall not apply where:
        1.  The  vendor  is the sole source or single source of the product or
      service;
        2.  More  than  one  vendor  has  been  involved  in   preparing   the
      specifications for a procurement proposal;
        3.  A  vendor  has  furnished  at government request specifications or
      information regarding a product or service they provide, but such vendor
      has not been directly requested to write specifications for such product
      or service or an agency technology procurement proposal; or
        4. The state agency together with the office for technology determines
      that the restriction is not in the best  interest  of  the  state.  Such
      office  shall  notify each member of the advisory council established in
      article one of the state technology law of  any  such  waiver  of  these
      restrictions.