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
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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.
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