§ 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:

Terms Used In N.Y. State Finance Law 163-A

  • services: means the performance of a task or tasks and may include a material good or a quantity of material goods, and which is the subject of any purchase or other exchange. See N.Y. State Finance Law 160
  • Technology: means either a good or a service or a combination thereof, used in the application of any computer or electronic information or interconnected system that is used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or voice including, but not limited to, hardware, software, information appliances, firmware, programs, systems, networks, infrastructure, media, and related material used to automatically and electronically collect, receive, access, transmit, display, store, record, retrieve, analyze, evaluate, process, classify, manipulate, manage, assimilate, control, communicate, exchange, convert, coverage, interface, switch, or disseminate data of any kind or form, and shall include all associated consulting, management, facilities, maintenance and training. See N.Y. State Finance Law 160

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 of information technology services 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 1 of the state technology law of any such waiver of these restrictions.

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