PRINTER'S NO. 4415
No. 2782 Session of 2008
INTRODUCED BY DERMODY, FRANKEL, MAHER, J. WHITE, FAIRCHILD, HARKINS, STABACK, CALTAGIRONE, PALLONE, SOLOBAY, PASHINSKI, KULA, K. SMITH, BELFANTI, SWANGER AND YOUNGBLOOD, SEPTEMBER 23, 2008
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 23, 2008
AN ACT 1 Amending Title 62 (Procurement) of the Pennsylvania Consolidated 2 Statutes, providing for information technology procurement. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Section 501 of Title 62 of the Pennsylvania 6 Consolidated Statutes is amended by adding a definition to read: 7 § 501. Definitions. 8 The following words and phrases when used in this chapter 9 shall have the meanings given to them in this section unless the 10 context clearly indicates otherwise: 11 * * * 12 "Information technology." Includes information technology 13 products, software, computer-based services and consulting 14 services. 15 * * * 16 Section 2. Title 62 is amended by adding a section to read: 17 § 519.1. Information technology procurement.
1 (a) Competition and neutrality.--The policies and procedures 2 covering an agency's acquisition of information technology shall 3 rely on marketplace competition among different technologies and 4 shall be neutral with respect to potential contractors and their 5 different business models. To assure technology-based 6 competition and procurement neutrality, each Commonwealth agency 7 shall: 8 (1) Evaluate the overall value of a potential 9 contractor's proposal consistent with the agency's reasonably 10 articulated and factually substantiated operational 11 objectives for the project that shall not provide for a 12 preference for a particular information technology solution 13 or combination of information technology solutions. Overall 14 value shall be derived from factors including, but not 15 limited to, life-cycle costs which evaluate total cost of 16 ownership, the quality and capabilities of products, software 17 or services to be delivered, contractor responsiveness and 18 service, speed-to-market and a contractor's willingness to 19 share risk with regard to meeting performance requirements. 20 (2) Clearly state in requests for proposals any 21 interoperability requirements and allow potential contractors 22 to meet these requirements via any technologically feasible 23 and operationally reasonable means. 24 (3) Not establish a preference among potential 25 contractors or available information technology based on a 26 contractor's business model or an information technology 27 licensing model. 28 (4) Allow a contractor to exercise its intellectual 29 property rights to the full extent permitted under the law, 30 including, but not limited to, the contractor's ability to 20080H2782B4415 - 2 -
1 retain intellectual property rights in information technology 2 to be delivered to, or to be codeveloped under its contract 3 with, the agency. 4 (b) Violations.--A violation of this section shall be 5 grounds for a successful protest consistent with the procedures 6 set forth under this part. 7 Section 3. This act shall take effect in 60 days. D4L62BIL/20080H2782B4415 - 3 -