Major IT Information Technology Project Procurement Timeline

Joint Technology Committee. The bill creates a new source selection and contract negotiation timeline that a state agency is required to follow when it plans to submit a budget request to the joint technology committee (committee) for a major information technology project (project).

The office of state planning and budgeting is required to ensure that state agencies adhere to the new timeline prior to submitting a budget request to the committee as follows:

• On or before November 1 of the fiscal year prior to the fiscal year in which a state agency intends to submit a budget request to the committee for a project, the state agency is required to notify the committee of its intent to begin the source selection and contract negotiation process.
• On or before January 1 of the fiscal year prior to the fiscal year in which a state agency intends to submit a budget request to the committee for a project, the state agency is required to issue a competitive solicitation in accordance with the 'Procurement Code'. The competitive solicitation is required to specify that the terms of a contract resulting from the solicitation require the vendor to honor its contract price through the date that work on the contract commences and that vendors are directed to estimate costs accordingly for the purpose of responding to the solicitation.
• A state agency that has issued a competitive solicitation is required to receive and review the responses from vendors and determine whether to pursue the project and the budget request on or before April 15 of the fiscal year prior to the fiscal year in which the state agency intends to submit the budget request to the committee.
• If the state agency intends to pursue a budget request for the project, the state agency must award a contract to the selected vendor on or before June 30 of the fiscal year prior to the fiscal year in which the state agency intends to submit the budget request to the committee.

The terms of a contract awarded for a project must specify that:

• The state agency will pursue a budget request for the project in the fiscal year immediately following the fiscal year in which the contract is awarded;
• The contract is contingent upon the state agency receiving an appropriation from the general assembly for the project;
• Work on the contract will not commence until the bill enacted by the general assembly that appropriates the money for the project becomes law;
• The vendor is required to honor its contract price through the date that work on the contract commences;
• The state agency may amend terms of the contract, as necessary, following the date on which the bill that appropriates the money for the project becomes law;
• The state agency will authorize the vendor to begin work on the contract within 30 days of the date that the bill that appropriates the money for the project becomes law; and
• The contract is null and void if the general assembly does not appropriate money to the state agency for the project.

A state agency may include in a contract awarded any other terms or conditions related to the appropriation of money to the state agency by the general assembly as deemed necessary by the state agency.

A state agency that has awarded a contract for a project is required to submit a budget request for the project to the committee in the fiscal year immediately following the fiscal year in which the contract was awarded.

(Note: This summary applies to this bill as introduced.)