The State’s “Special Terms and Conditions for Customized Software and Related Services” (rev. 2005) is in the process of being updated and converted to a more broadly applicable standard set of “Special” Terms and Conditions applicable to IT solicitations in general.  The Division of Purchasing began this process almost a year ago, recognizing that the IT landscape is constantly evolving and that, with the increased utilization of “cloud” offerings, issues regarding ownership, warranty and the risk of data breach need to be more thoroughly explored and addressed.

In the interim, as has been the practice of the Division for many years, tailored “special” terms and conditions are included in complex IT procurements (within the particular solicitation), and vendors are encouraged to ask questions and provide alternative and/or additional language during the Pre-Proposal Conference as well as during the Question and Answer period, as provided in the written instructions for each solicitation issued by the Division.

For example, the Division has considered and adopted limitations of liability on a case-by-case basis over the years, based on an analysis of risk within the proposed scope of work, in consultation with the requisitioning agency and additional internal experts.  As the Division gets closer to finalizing its initial draft of the standard Special Terms and Conditions for IT, we will be inviting input from the vendor community, as we did several years ago when revising our “Standard Terms and Conditions” (for all goods and services); and look forward to participation by experts within the IT Industry who can provide constructive feedback and suggestions for the State to consider.