Q Is the purchase of licensed software necessary to operate an electronic medical records system subject to the bid requirements in Section 31-7-13?

A Software is considered a commodity and subject to the bid requirements. Services necessary to design and implement an electronic medical system, which employs software as a means to provide access to that system, are not subject to the bid requirements of Section 31-7-13. Whether a particular contract is a contract for services rather than for software is a factual determination that must be made by the local governing authorities. (Attorney General’s Opinion to Phillips, March 25, 2016)