41-2553

41-2553. Procurement of information systems
and telecommunications systems; definitions

A. Notwithstanding the criteria for contract award prescribed in section 41-2533, a
contract for information systems or telecommunications systems shall be awarded to the
lowest responsible and responsive bidder whose bid conforms in all material respects to
the requirements and criteria set forth in the invitation for bids, which shall include
as price evaluation criteria the total life cycle cost and application benefits of the
information systems or telecommunications systems to the using agency. No factors or
criteria, other than those set forth in the invitation for bids, may be used in the
evaluation of bids for information systems or telecommunications systems. Procedures for
awarding contracts for information systems or telecommunications systems pursuant to this
subsection shall be the same as those prescribed in section 41-2533.

B. Notwithstanding the criteria for contract award prescribed in section 41-2534, a
contract for information systems or telecommunications systems shall be awarded to the
responsible offeror whose proposal is determined in writing to be the most advantageous
to the state, taking into consideration the evaluation factors set forth in the request
for proposals, which shall include as evaluation factors the total life cycle cost and
application benefit of each proposal. No factors or criteria, other than those set forth
in the request for proposals, may be used in the evaluation of proposals for information
systems or telecommunications systems. Procedures for awarding contracts for information
systems or telecommunications systems pursuant to this subsection shall be the same as
those prescribed in section 41-2534.

C. Notwithstanding subsections A and B of this section, when awarding a state
contract for information systems or telecommunications systems, the director may award
the contracts in accordance with section 41-2533 or 41-2534, except before a using agency
acquires the information systems or telecommunications systems, it shall take into
account the total life cycle cost and application benefit of the systems in the same
manner that the total life cycle cost and application benefit are taken into account
under subsections A and B of this section.

D. As used in this section:

1. "Application benefit" means a quantified assessment of the benefits to be
achieved in state program and support areas by the information systems or
telecommunications systems proposed by the vendor, including reasonably projected
reductions in program costs and increases in productivity of state personnel.

2. "Information systems" means a system of hardware, software or vendor support
costing more than one hundred thousand dollars that processes information or data by
electronic data processing methods and devices.

3. "Life cycle" means the useful life of the information systems or
telecommunications systems to the original using agency to perform the application for
which it was initially procured.

4. "State contract" means an indefinite quantity contract for one or more similar
materials or services that is awarded to more than one bidder or offeror to satisfy the
needs of more than one using agency.

5. "Telecommunications systems" means a system costing more than one hundred
thousand dollars, including but not limited to all instrumentalities, facilities,
apparatus and services, for the transmission and reception of messages, impressions,
signs, signals, pictures, sounds or any other symbols by wire, radio, optical cable,
electromagnetic or other similar means.

6. "Total life cycle cost" means vendor costs, total state costs and financing
costs throughout the life cycle of the information systems or telecommunications systems
being purchased.

7. "Total state costs" means costs to the state for the information systems or
telecommunications systems including energy, facilities, personnel and all other
identifiable state costs.

8. "Vendor costs" means costs of all hardware, materials, software, transportation,
vendor support and all other identifiable costs associated with the vendor's proposal or
bid.

9. "Vendor support" means services provided by the vendor for items such as
consulting, education, management of the information systems or telecommunications
systems, systems planning, development, integration and maintenance and training.