Contract Award Procedure

A description of all contractor searches must be accessible to the public for at least two weeks prior to the last day proposals are accepted, except in cases of time-critical emergencies.   In cases where a full description would compromise national defense, a full description can be withheld until a requester has been background-checked and has signed an agreement to maintain confidentiality.   In the case that supply of a full description is delayed, requests must be accepted for at least two weeks following the initial announcement, and proposals must be accepted for at least two weeks following the last delivery of a full description.

The state must award contracts on the following bases: price, quality, stability of support, and environmental impact.   Price includes initial research and development costs, unit fabrication costs, and cost of repair.   Quality includes ease of use, versatility, technical performance under normal and exceptional operating conditions, durability, lifetime, MTBF/MTTR, ease of repair, regularity of behavior, and adherence to contract specifications.   Stability of support is the expectation that the organization fulfilling the initial contract will persist long enough to provide technical support and repair/replacements for the specified lifetime of the device, and the degree to which proper continued operation of the device is independent of this persistence and performance on the part of the contractor.   The minimization of environmental impact must be used to discriminate between proposals of otherwise similar merit.   Formulaic, or otherwise more detailed, evaluative procedures for comparison of competing proposals, can be specified by law in concordance with the above.

Any device critical to national defense must be delivered with complete technical plans sufficient to replicate the device independently if necessary, including full source code for any software if applicable.   If the contractor so requests or at the state's behest, these plans must be kept confidential.

No state contract can be awarded to a contractor for at least one year following substantial non-performance, performance at a substantially inflated cost, or substantially delayed performance, on a prior or continuing contract.   However, inadequate performance resulting from circumstances beyond the contractor's control, e.g.   natural disasters, unforeseeable shortages and/or price increases in raw materials, or legislation affecting the terms of the contract, wages, taxes, etc., can not lead to such a penalty.

No law can forbid or require the hiring of labor forces organized for negotiation leverage (unionized) for fulfillment of state contracts, or treat the union status of labor as a factor in the relative evaluation of competing proposals.

The state cannot purchase products from individuals or incorporated entities who have refused to sell to a private individual a product they have sold to a state, and on the same price schedule as that offered to that state, provided law does not preclude such purchase. the price schedule for any product offered for sale to the state must specify a single unit purchase price no greater than twice the per-unit price for the greatest quantity scheduled, or for the greatest quantity sold to the state, whichever price is lower.   Such purchase is contrary to law if the product contains classified technology or information and the state has not provided a waiver or license for the purchase.   In the case that private purchase of a product is precluded only by classification restrictions, a version of the product with classified technology and information replaced by non-classified technology and information, which provides maximum possible functional and operational equivalence to the original product, must be offered for sale to private individuals on a price schedule equal to or lower than that of the original product.   For example, if a product contains a classified encryption module, the version purchasable by private individuals must contain an unclassified encryption module providing similar resistance to known-ciphertext compromise of a key or plaintext, known-plaintext compromise of a key, and forging of a data signature, by an attacker with intimate knowledge of the algorithms implemented by the encryption module.



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This is a preliminary draft. Pending changes are in The To-Do List