H. B. 4691
(By Delegates
Douglas, Everson, Smith, H. White,
Davis, Butcher and Willison
)
[Originating in the Committee on Government Organization]
[March 2, 1998]
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; to amend article three,
chapter five-a of said code by adding thereto a new section,
designated section fifty-five, requiring certain warranties
in purchases related to information systems and software;
permitting purchases of information technology to be based
on best value; requiring reports relation to year-2000
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 first day of
July, one thousand nine hundred ninety-eight and prior to the
first day of July, two thousand one, the state spending unit
shall provide a statement that the vendor will warrant that the
goods and services to be purchased are year-2000 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-2000
compliance for existing systems or software shall provide and
update information related to year-2000 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.
Not later than the first day of
January and the first day of July of the years one thousand nine
hundred ninety-nine and two thousand, the chief technology
officer shall file special reports with the joint committee on government and finance on problems, solutions and progress
related to year-2000 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-2000 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-2000 compliant and may
include specific remedies for breach of warranty. As used in
this section "year-2000 compliant" means, with respect to
information technology, that the information technology
accurately processes date/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 three.
(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-2000 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-2000 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-2000 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.
NOTE: The purpose of this bill is to require special warranties
that information systems and software purchased by the state are
year-2000 compliant. It also permits purchases of information
technology based on best value rather than the lowest bid.
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