This briefing covers active market intelligence, regulatory guidelines, and tactical capture recommendations for federal and defense contractors pursuing opportunities in this procurement classification.
Gov. Kate Brown of Oregon is expected to soon sign HB 2375, legislation that requires greater discipline by state officials and contracting agencies in the development of solicitation documents, specifically contract forms and contract templates. Under the measure, agencies “may not vary the terms and conditions without the advice of the Attorney General or legal counsel that the Attorney General approves if the state contracting agency anticipates that the contract form or contract template will be the basis for a public contract with a contract price that exceeds $150,000.”
The IT Alliance for Public Sector (ITAPS) had raised concerns as the bill was being considered during the legislative process. Our concerns, on behalf of the IT vendor community, centered on a requirement that all agencies use a contract template “without alternations.” Thankfully, the bill’s sponsor, state Rep. Nancy Nathanson, agreed to amend her bill to address ITAPS’ concern. In a statement for the record, Rep. Nathanson stated, “the bill is about the process of these contracts, not the content of these contracts.” She also pointed out that “a question raised was whether the state agency could still negotiate the contract. The ability for a state agency to negotiate terms and conditions are fundamental to the contracting code. This bill doesn’t change that. The intent is to ensure the ability to negotiate individual contracts.”
Among other changes, the law will also require the Department of Administrative Services (DAS) to:
Read more: Oregon Cracks Down on Technology Contracting
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