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of the legal requirements imposed and the guidance available for implement-
ing the requirements. For example, an entire body of law has developed to
govern the federal procurement process, covering almost every possible per-
meation of the procurement process. (See in general FAR set forth at 48 CFR
Part 1.) Other statutes provide more generalized parameters for conducting
public procurement.
This examination identifies elements that must be incorporated into the pro-
curement. Requirements may include vendor certification that the pricing was
independently obtained without collusion with other vendors, vendor certifi-
cation regarding business operations in Northern Ireland (often referred to as
MacBride Fair Employment Principles), and identification of subcontracting
and a commitment to use best efforts to engage certified minority- and women-
owned businesses. The jurisdiction may also prohibit contracting with certain
vendors based on the location of the vendor’s business (often referred to as
“discriminatory jurisdictions”) or on past actions of the vendor (such as pres-
ence on disbarment lists or other concepts that speak to the vendor’s respon-
sibility). There may also be limits placed on travel reimbursement payable to
the vendor that must be incorporated.
Another element to examine is what other governmental bodies must be
involved in the procurement process, particularly those with an oversight or
approval role. For the purposes of this discussion, these groups are generically
referred to as “control agencies.” While their roles can differ tremendously, it
is important to understand the roles, build the review or evaluation time into
the plans, and obtain the necessary input. To the extent possible, it is best to
solicit input early in the development process. For example, in some munici-
pal governments, it is necessary that the governing body pass a resolution for
an agency to enter into a contractual agreement. In New York State, the Office
of the State Comptroller has a statutorily created role in the approval of con-
tracts (see New York State Finance Law Section 112).

9.5.2 TECHNOLOGY PROCUREMENTS IN PARTICULAR
Governments recognize that information technology represents a significant
resource and constitutes a large expenditure of funds. The past practice of
“every governmental entity for itself” resulted in an inefficient use of resources
and a growing incompatibility between systems. Increasingly, governments seek
to coordinate technology purchases, develop standards to govern the acqui-
sition of new technology, and promote strategic plans with an eye toward
standardization and compatibility. Imposition of technology standards or iden-
tification of a specific control agency to pre-approve technology purchases is
increasingly used. In New York State, this oversight role is performed by its