When buying software under an agency’s delegated authority, the procurement processes can become challenging, especially if you are not sure whether the state already has a negotiated vendor agreement or if vendors insist on using their own terms.
This guide explains why each step in the process matters and how following them can protect your agency, save money, and streamline your procurement work.
Agencies typically follow their own internal procurement procedures for delegated IT purchases. However, when software is involved, or when terms and conditions enter the picture, it's important to pause, check for statewide agreements, and ensure you’re aligning with statutory requirements.
Procuring Software Under the Agency’s Delegation
There are four practical steps you can take to effectively and efficiently navigate procurements under the agency’s delegation:
- Step 1: Check for existing vendor agreements.
- Step 2: Understand state purchase volume.
- Step 3: Address vendor terms thoughtfully.
- Step 4: Explore alternatives and escalate when needed.
Step 1: Check for Existing Vendor Agreements for Your Procurement
Before you begin negotiating or collecting documents from a vendor, take a moment to contact the Statewide IT Procurement Office to see if a negotiated agreement already exists.
An existing statewide agreement can:
- Save time
- Eliminate negotiation
- Protect the state from noncompliant terms
- Ensure risk management has been conducted related to security and privacy
Checking at the start of your procurement on the Electronic Vendor Portal (eVP) can shorten and simplify the process and align with statewide protections.
Step 2: Understand State Purchase Volume
If no agreement exists, research in eProcurement how frequently agencies buy the software you want.
Knowing the statewide purchase volume helps you:
- Avoid unnecessary negotiation for low-volume or one-off buys
- Leverage the state’s collective purchasing power for better pricing
- Gauge whether the vendor should be offering more favorable terms based on demand
Even small procurements benefit from statewide insight.
Step 3: Address Vendor Terms Thoughtfully
Vendors often propose their own terms and conditions, but the state can only agree to terms that comply with statutory requirements. If the vendor does not agree, you can explain that:
- The state has immutable, non-negotiable terms tied to General Statute.
- All agreements must comply with state requirements.
This step protects your agency and the state from accepting risky or noncompliant contract language.
Step 4: Explore Alternatives and Escalate When Needed
If negotiations stall or the vendor refuses to comply, you are not stuck. You can:
- Conduct market research to identify alternative solutions
- Work with your agency business owners to assess those options
- Escalate the matter to the Statewide IT Procurement Office
The suggestions above can help you avoid problematic agreements.
Negotiated Vendor Agreements
The Statewide IT Procurement Office maintains a list of negotiated End User License Agreements (EULAs), Master Service Agreements, Service Level Agreements, etc. These vendor agreements simplify purchasing and protect the state from risk.
To obtain the list of all current negotiated vendor agreements, or to request a copy or confirmation of whether an agreement exists, contact Deputy Chief Procurement Officer Andrea Pacyna at andrea.pacyna@nc.gov.