This project shall examine issues that transit attorneys should be aware of when drafting technology contracts. The report should address how these issues may differ depending on the nature of the contract, the type of technology being procured, and whether the system is controlled by the agency or is “in the cloud” (SaaS). For example, is the technology being developed exclusively for the transit agency or is the agency procuring open source software? What if the system contains layers of both off-the-shelf and custom software products? What technical terminology must an attorney know in order to draft appropriate contract terms (e.g, the distinction between software configuration and customization)? What issues may arise when the system being procured must interface with another, perhaps proprietary or much older (legacy) system? What competitive solicitation concerns must be addressed when a technology system is being procured in conjunction with a larger project, such as a construction project? Can the best value of the technology system be obtained when issuing a construction contract through a low bid? Or should another delivery method be employed, such as design build?
Status: Completed: The revised final report has been received. It can be downloaded here