DOCUMENT

Comparative Review of State IT Procurement Practices

  • YEAR CREATED: 2010
  • ENTITY TYPE: State
  • TYPE OF DOCUMENT: ART - Article, Paper, Review, Survey, Report
The document is a procurement guide that provides information on the evaluation and discussion process, basis for award, and other terms and conditions related to state and local government procurement. According to the document, responders should submit their most favorable proposals as their initial proposal, as there may not be an opportunity for oral presentations or revisions. However, if award is not made based on initial proposals, responders in the competitive range will be given an opportunity to make an oral presentation. These presentations may be conducted via videoconference and should address any clarifications or deficiencies identified by the states. If proposal revisions are permitted, responders can make necessary revisions to clarify or correct weaknesses in their proposals. However, complete rewrites are discouraged. The evaluation and award will be based on technical features of the proposal, estimated costs and impact on the state procurement environment, and responder experience and capabilities. The selection will be a business judgment considering these factors. The document also includes changes and additions to the purchase order terms and conditions. For example, it mentions the ownership of intellectual property rights by the states, licensing rights granted to the states, warranty disclaimers, inspection and acceptance clauses, insurance requirements, and limitation of liability. The limitation of liability clause is a new addition, where the states agree to commercially reasonable limitations on their liability. This clause is likely included to protect the states from excessive financial risk in case of any issues or damages related to the procurement.
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