N.Y. State Finance Law § 163-a: Vendor preparation of specifications for technology procurements; prohibitions

§ 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:

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 one of the state technology law of any such

waiver of these restrictions.