Section 11.120.6. Negotiation of limitation of vendor liability provisions.

       120.6(1) After completion of competitive selection process. In a competitive selection process, the department or the state agency upon whose behalf the department conducts the information technology procurement may either award the contract to the apparent successful vendor without further negotiation or negotiate contract terms, including limitation of vendor liability provisions, if the department or state agency, in its sole discretion, determines that the best interest of the state would be served by entering into negotiations. Any negotiations of vendor limitation of liability contractual provisions shall be done in accordance with the provisions of rules 11—120.4(8A) and 11—120.5(8A).

       120.6(2) Sole source or emergency procurement. In a justifiable sole source or emergency procurement, the department or state agency may negotiate a contractual limitation of vendor liability provision in accordance with the provisions of rules 11—120.4(8A) and 11—120.5(8A).

[ARC 0952C, IAB 8/21/13, effective 9/25/13]