Bill Text: AZ HB2410 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed

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Bill Title: Procurement; brand name; prohibition

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2012-03-20 - Referred to Senate RULES Committee [HB2410 Detail]

Download: Arizona-2012-HB2410-Engrossed.html

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House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

HOUSE BILL 2410

 

 

 

AN ACT

 

Amending section 41‑2553, Arizona Revised Statutes; relating to source selection and contract formation.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 41-2553, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2553.  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.  A contract for information systems or telecommunications systems may not be awarded based on the use of a brand name only specification.

E.  Any product required during the life cycle of an information system or telecommunication system must receive quotes on three or more products from an original equipment manufacturer from one or more vendors when the cost of the product is greater than five thousand dollars, except when the product is not compatible with the existing information system or telecommunication system.

F.  The director shall prepare a written justification if the awarded quote is not the lowest responsible and responsive quote or if the product is not compatible with the existing information system or telecommunication system.

D.  G.  As used in For the purposes of 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,  and 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. END_STATUTE