Q: Can a state agency require me to purchase a particular brand of software to be able to work with them?
The Department of State Architects (DSA) in California has a new required electronic plan submittal process which requires every applicant to purchase the software Bluebeam (TM) - Extreme Edition to be able to develop plans and submit for approval of their project. There is no other approved software, you must use Bluebeam's software. Our office has used to Adobe Acrobat to develop PDF plans and now must buy this other software to be able to approve plans through DSA. Doesn't seem like a State Agency can mandate this to me? Bluebeam (tm) will be making a lot of profit now that the state will only allow them as the software to be used when submitting plans. The option they provide to applicants who don't want to buy the software is to use the software for the 30 day "free trial" to process the application, however most application processes take longer than 30 days, so to continue you would be forced to purchase the software in almost any situation. Is this legal?
A:
Don't you have a professional association? Are you not a member? Since I assume other CA architects are in the same boat, the Association would seem to be the appropriate instrument of get you an answer.
My personal guess is that unless you can show some unprofessional reason for the choice of that software company, as Nixon once said, "If I say it's legal, it's legal!" OF course, substitute the state of California for "I".
A: Doesn't sound fair to me, but it is hard to fight the government. Also sounds like a "sweetheart" deal between the DSA and Bluebeam. I don't mean to be negative (yes I do), but just follow the money. Attorney below also has a good suggestion about calling the Association you are a member of.
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