State Codes and Statutes

Statutes > New-york > Stf > Article-11 > 163-a

§   163-a.   Vendor   preparation  of  specifications  for  technology  procurements;  prohibitions.  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.

State Codes and Statutes

Statutes > New-york > Stf > Article-11 > 163-a

§   163-a.   Vendor   preparation  of  specifications  for  technology  procurements;  prohibitions.  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Stf > Article-11 > 163-a

§   163-a.   Vendor   preparation  of  specifications  for  technology  procurements;  prohibitions.  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.