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described in sub-section (i). This prohibition will continue for one (1) year after <br />termination of this Contract or completion of the Technical Consulting and <br />Direction, whichever comes later. <br />b) “Technical Consulting and Direction” means services for which the Contractor received <br />compensation from the State and includes: <br />i. development of or assistance in the development of work statements, <br />specifications, solicitations, or feasibility studies; <br />DGS PD 401IT (REVISED AND EFFECTIVE 9/5/14) <br />GENERAL PROVISIONS – INFORMATION TECHNOLOGY <br />Page 24 of 28 <br />ii. development or design of test requirements; <br />iii. evaluation of test data; (iv) direction of or evaluation of another Contractor; <br />iv. provision of formal recommendations regarding the acquisition of Information <br />Technology products or services; or <br />v. provisions of formal recommendations regarding any of the above. For purposes <br />of this Section, “affiliates” are employees, directors, partners, joint venture <br />participants, parent corporations, subsidiaries, or any other entity controlled by, <br />controlling, or under common control with the Contractor. Control exists when an <br />entity owns or directs more than fifty percent (50%) of the outstanding shares or <br />securities representing the right to vote for the election of directors or other <br />managing authority. <br />c) To the extent permissible by law, the Director of the Department of General Services, or <br />designee, may waive the restrictions set forth in this Section by written notice to the <br />Contractor if the Director determines their application would not be in the State’s best <br />interest. Except as prohibited by law, the restrictions of this Section will not apply: <br />i. to follow-on advice given by vendors of commercial off-the-shelf products, <br />including Software and Hardware, on the operation, integration, repair, or <br />maintenance of such products after sale; or <br />ii. where the State has entered into a master agreement for Software or services <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575