Neutrality and integrity in educational software and hardware procurement

(1) As used in this section: (a) "Educational entity" means: (i) the state board; or (ii) a local education agency governing board. (b) "Computer software" means a set of computer programs, procedures, and associated documentation concerned with computer data or with the operation of a computer, computer program, or computer network. (c) "Total cost of ownership" means the sum of all costs borne by the educational entity during the useful life of the software and hardware, including costs for acquisition, installation, training, data conversion, integration, maintenance, upgrades, and technical support. (2) The Legislature finds that: (a) the state board and local education agency governing boards have access to a broad variety of software and hardware products; (b) these boards should evaluate software and hardware based on performance, value, cost, and licensing terms; and (c) neutral software and hardware procurement practices promote competition, reduce costs, and provide better educational outcomes. (3) An educational entity shall: (a) base software and hardware procurement decisions on performance and value criteria, including quality, functionality, security, reliability, interoperability, and total cost of ownership; (b) maintain neutrality with respect to: (i) whether a for-profit or non-profit entity provides the software and hardware; and (ii) the licensing model under which a provider offers the software and hardware; and (c) retain the ability to install or run software and hardware on hardware that the educational entity chooses. (4) An educational entity may consider the effect of specific licensing terms in software and hardware procurement decisions, including terms governing: (a) availability of software and hardware source code; (b) rights and restrictions regarding software and hardware modification; (c) redistribution rights; (d) warranties; and (e) intellectual property indemnification. (5) An educational entity shall interpret and apply this section in concert with all applicable provisions of Title 63G, Chapter 6a, Utah Procurement Code.