The term Information Technology (IT) refers to the act of acquiring information, processing, storing and then spreading it to different channels for use. Use of computers and communication technology is vital in handling data and ensuring that it flows from its point of generation to the point of utilization. Authors Robert and Lauren (2013) explained that IT provides access to information, and as a result, every state requires the best reliable systems for it to run its activities smoothly. If the right measures and processes are not followed while purchasing the IT systems, the state might not acquire the proper operations, hence failing on its mandate. Such failures may stagnate the states’ activities, leading to failure in their functions (Robert & Lauren, 2013). Therefore, while procuring IT systems, it is essential for a country to engage in competitive negotiations.
Robert and Lauren (2013) noted that for any government to succeed on its operations and functions, it requires the best information technology and telecommunications. When the two are not improved, time and talents of those working closely with it get wasted. As a way of avoiding such, states need to be flexible with their procurement methods and have a better procurement process to suit all the stakeholders perfectly. For that reason, Robert and Lauren (2013) advised that countries should acquire improved business systems and avail funds and other resources to ensure the operation is active. Consequently, the state would not only secure an effective system, but also reduce performance and financial risk for vendors. Thus, Robert and Lauren (2013) noted that when a country has a rigid procurement process which forecloses communication to the parties involved, it becomes hard or impossible to find an informed middle ground.
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As a way of creating a responsive contracting system for the public, Oregon state decided to come up with some chapters on the Public Contracting Code. The enactment was of great importance due to the advantageous position it kept the nation (Robert & Lauren, 2013). For instance, the state would be able to utilize various procurement methods that were emerging from different industries. Both restricted and open competition were allowed, and the integrity and competitive nature of the public contracting process and public procurement were protected. By the state embarking on Chapter 279B on the requirements for solicitation civil contract award for goods and services, it was possible for the state to accommodate industrial practices that were newly set, without interfering with the existing forms of contracting. Additionally, the chapter also allows the agency to use its request for proposal to identify terms and conditions reserved by the contracting agency (Robert & Lauren, 2013). As a result, a room for negotiations with the proposers is created.
Similarly, contracting agency authority also had a lot to benefit from the new chapters created. Negotiations were set to either start with the proposer who has the highest rank or who is simultaneously competitive. As a way of enhancing openness in the process, in case individuals with a capability of making an offer to the state feel that the procurement process used was contrary to the law, they are allowed to file an agency-level protest to be reviewed by the court (Robert & Lauren, 2013). Protest rights are also maintained for merchandisers who submitted responses to request for approval. Due to the fairness and openness offered by a flexible procurement process, high number of bidders are attracted hence being more competitive. According to Batoev and Schloosser (2013), heavy competition in procurement brings about a difference in value and quality for products offered. With a high number of different products, the officials are in a better position to choose the cost and quality that suits them best. Information and Technology systems work differently depending on several factors, such as the amount of data in use. Hence one needs a variety to choose the one that suits their needs most.
Like Oregon, California also saw the essence of allowing procurement negotiations process and enacted a law that permits its Department of General Services (GDS) to use them. The enacted law helped GDS to achieve performance improved levels, through focusing its efforts on increasing its services value (Robert & Lauren, 2013). Besides, the efforts were also meant to improve transparency and assure fairness to all bidders. Through the use of this law, California was able to understand the purpose of its business, hence being able to come up with different solutions that enabled it to fulfil its needs. Unlike Oregon, unsuccessful bidders are not granted rights to protest against negotiations process results, but they can file a writ of mandate petition, as stipulated in the Code of Civil Procedure. The main reason for this type of procurement procedure is its suitability in dealing with complex contracts (Batoev & Schloosser, 2013). Sometimes, IT systems might require complex agreements for them to solve the problem at hand efficiently. Such procurement process at state is essential for state functionality.
Contrary to California and Oregon, New York does neither support agency level competitive procurements nor does it tolerate any pre-award negotiations. In accordance to its procurement principles, New York is very risk-adverse when it comes to public contracting. It uses traditional procurement, which are not flexible enough. In a few circumstances, such as when the commodity contracts are centralized to the Office of General Services, where the agency is allowed to conduct its procurement, there is still limited discretion (Robert & Lauren, 2013). Such limitations increase the process rigidity making it difficult to purchase even the essential products to the state. For instance, new Information Technology systems being fast growing and vital to the country, a rigid procurement process blocks some benefits that could be enjoyed from it. Fast and efficient services provision to citizens are some of them. Strict procurement process leads to a lack of competition, which results in high commodity prices and little investment in innovation (Heijboer & Telgen, 2002).
Conclusion
Information and technology are crucial in running huge organizations as the functionality of firms depends on the said resources. Therefore, for a smooth running in the firm, the right and efficient IT systems need to be in place. As a result, there is an importance that comes with competitive negotiations to the procurement of IT infrastructure at the state level. A flexible procurement process attracts a high number of bids hence providing the state with many choices. In a case where the agency involved has limited rights fits best when it comes to handling complex contracts. Such type of procurement process relatively flexible but with a limitation. It helps in reducing the number of bidders. A rigid procurement process locks out agencies from the private sector hence limiting the diverse ideas among other benefits that they would be associated with it.
References
Batoev & Schloosser (2013). The advantages and disadvantages of the various procurement procedures. https://www.maastrichtuniversity.nl/sites/default/files/2013/batoev.pdf
Heijboer G. & Telgen J. (2002). Choosing The Open or The Restricted Procedure: A Big Deal Or A Big Deal? JOURNAL OF PUBLIC PROCUREMENT, VOLUME 2, ISSUE 2, 187-216
Robert S. & Lauren B. (2013). The importance of competitive negotiations to state information technology procurement. The Procurement Lawyer, 48 (3), 19-26. file:///C:/Users/maish/Downloads/ProQuestDocuments-2018-12-02%20(1).pdf
