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Introduced Version House Bill 3028 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3028

(By Delegates Douglas, Collins, Everson, J. Smith, H. White, Butcher and Willison )


[Originating in the Committee on Government Organization then Finance]

[March 2, 1999]



A BILL to amend and reenact sections six and seven, article one- b, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article three, chapter five-a of said code by adding thereto a new section, designated section fifty-five, all relating to year two thousand compliance; requiring certain warranties in purchases related to information systems and software; permitting purchases of information technology to be based on best value; and requiring reports relating to year two thousand compliance.

Be it enacted by the Legislature of West Virginia:
That sections six and seven, article one-b, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that article three, chapter five-a of said code be amended by adding thereto a new section, designated section fifty-five, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 1B. CHIEF TECHNOLOGY OFFICER.
§5-1B-6. Notice of request for proposals by state spending units
exempted from submitting purchases to the statepurchasing division; reports on certain active contracts.
(a) Any state spending unit that is not required to submit a request for proposal to the state purchasing division prior to purchasing goods or services shall notify the chief technology officer, in writing, of any proposed purchase of goods or services related to its information or telecommunication systems. The notice shall contain a detailed description of the goods and services to be purchased. For any purchase after the first day of July, one thousand nine hundred ninety-nine, and prior to the first day of July, two thousand two, the state spending unit shall provide a statement that the vendor will warrant that the goods and services to be purchased are year two thousand compliant. The state spending unit shall provide the notice to the chief technology officer a minimum of ten days prior to the time it requests bids on the provision of the goods or services.
(b) If the chief technology officer evaluates the suitability of the information and telecommunication equipment and related services under the provisions of subdivision (3), subsection (a), section four of this article and determines that the goods or services to be purchased are not suitable, he or she shall, within ten days of receiving the notice from the state spending unit, notify the state spending unit, in writing, of any recommendations he or she has regarding the proposed purchase of the goods or services. If the state spending unit receives a written notice from the chief technology officer within the time period required by this section, the state spending unit shall not put the goods or services out for bid less than fifteen days following receipt of the notice from the chief technology officer.
(c) Any state spending unit having active contracts for the provision of goods or services designed to achieve year two thousand compliance for existing systems or software shall provide and update information related to year two thousand compliance efforts to the chief technology officer, at such times and intervals as may be established by the chief technology officer, including, but not limited to, (1) the names of all vendors; (2) copies of contracts with agreed dates of compliance; (3) any problems presented by embedded microchips and lines of code; (4) hardware and software purchased to effectuate compliance; (5) as may be applicable, the names, locations, and telephone numbers of agency, board, commission, and vendor contact persons; and (6) such other information related to compliance efforts as the chief technology officer may request.
§5-1B-7. Reports.
The chief technology officer shall report biannually to the legislative joint committee on government and finance on the activities of his or her office. The chief technology officer shall file two special annual reports with the joint committee on government and finance, not later than the first day of July of the year one thousand nine hundred ninety-nine and the year two thousand, on problems, solutions and progress related to year two thousand compliance for the state's information systems.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 3. PURCHASING DIVISION.

§5A-3-55. Purchases related to information systems and software; year two thousand requirement.

(a) The Legislature finds that in purchases of information technology, higher quality may be more cost effective over time when compared to lower quality, less costly procurements. Notwithstanding the provisions of section eleven of this article, the chief technology officer in the office of the governor, for any purchase related to information systems and software, may elect to award a contract on the basis of best value rather than on the basis of the lowest bid. The chief technology officer may determine best value, taking into account: (1) The past performance of the vendor; (2) the ability of the vendor to design systems or software that solve problems or serve the unique needs of government; and (3) the geographic accessibility of persons who will design and debug information systems, carry out system maintenance agreements, or train employees in the use of the system. When the chief technology officer determines that a bid other than the lowest bid meets all the specifications set forth in a request and represents best value, the chief technology officer shall document the decision in writing, noting the criteria on which the decision is based, and with the agreement of the secretary of the department of administration, the bid shall be awarded on the basis of best value.
(b) Any contract for the purchase of information equipment, hardware, software or related services entered into after the effective date of this section shall include a special warranty from the vendor that the merchandise or services that are the subject of the contract are year two thousand compliant and may include specific remedies for breach of warranty. As used in this section "year two thousand compliant" means, with respect to information technology, that the information technology accurately processes date and time data including calculating, comparing and sequencing from, into, and between the twentieth and twenty-first centuries, and the years one thousand nine hundred ninety-nine and two thousand, and leap year calculations. The provisions of this subdivision shall have no further force and effect after the first day of July, two thousand two.
(c) Any state spending unit that enters into a contract with the state for the purchase of information equipment, hardware, software or related services, when it appears following delivery of the merchandise that is the subject of contract, or the provision of related services, that the merchandise or services are not year two thousand compliant, shall notify the chief technology office, the secretary of the department of administration and the director of information services and communications of that fact. Any vendor furnishing, after the effective date of this section, information equipment, hardware, software or related services that is not year two thousand compliant, whether or not the contract includes the special warranty provided for in subsection (b) of this section, is disqualified from bidding on any future contracts for state purchases until after the first day of July, two thousand three.
(d) Any contract entered into by any spending unit for the purpose of modifying existing systems or software to achieve year two thousand compliance shall be clearly defined, with evaluation criteria developed before the issuance of a contract, and shall include provisions for compliance not later than the first day of July, one thousand nine hundred ninety-nine.

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