reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 108 - Contractual Limitation of Vendor Liability Provisions › Rule 11-108.4 - Authorization of Limitation of Vendor Liability and Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General approach
The
				director, in consultation with the department of management, may authorize the
				procurement of information technology devices and services in which a
				contractual limitation of vendor liability is provided for Criteria for
				determining whether to permit a contractual limitation of vendor liability
				include all of the following:
a. Whether
				authorizing a contractual limitation of vendor liability is necessary to
				prevent harm to the state from a failure to obtain the goods or services
				sought, from obtaining the goods or services at a higher price if the state
				refuses to allow a contractual limitation of vendor liability, or when the
				result could be a lower quality good or service.
b. Whether the contractual limitation of
				vendor liability is commercially reasonable when taking into account any risk
				to the state created by the goods or services to be procured and the purpose
				for which they will be used.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 108 - Contractual Limitation of Vendor Liability Provisions › Rule 11-108.5 - Prohibited Limitation of Vendor Liability Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For information technology procurements,
				the director authorizes the competitive selection documents and the resulting
				contract to include a contractual limitation of vendor liability clause that
				limits the vendor's liability to one times the contract value, as defined in
				subrule 108.5(3), provided that the foregoing limitation shall not apply to:
a. Intentional torts, criminal acts,
				fraudulent conduct, intentional or willful misconduct, or gross
				negligence.
b. Claims related to
				death, bodily injury, or damage to real or personal property.
c. Any contractual obligations of the vendor
				pertaining to indemnification, intellectual property, liquidated damages,
				compliance with applicable laws, or confidential information.
d. Claims arising under provisions of the
				contract calling for indemnification of the state for third-party claims
				against the state for bodily injury to persons or for damage to real or
				tangible personal property caused by the vendor's negligence or willful
				conduct.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 108 - Contractual Limitation of Vendor Liability Provisions › Rule 11-108.6 - Negotiation of Limitation of Vendor Liability Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
After completion of competitive
				selection process.
In a competitive selection process, the department
				or the state agency upon whose behalf the department conducts the information
				technology procurement may either award the contract to the apparent successful
				vendor without further negotiation or negotiate contract terms, including
				limitation of vendor liability provisions, if the department or state agency,
				in its sole discretion, determines that the best interest of the state would be
				served by entering into negotiations. Any negotiations of vendor limitation of
				liability contractual provisions shall be done in accordance with the
				provisions of rules 108.4(8A) and 108.5(8A).
(2)
Sole source or emergency
				procurement.
In a justifiable sole source or emergency procurement,
				the department or state agency may negotiate a contractual limitation of vendor
				liability provision in accordance with the provisions of rules 108.4(8A) and
				108.5(8A).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 108 - Contractual Limitation of Vendor Liability Provisions › Rule 11-108.7 - Additional Requirement

Current through Register Vol. 47, No. 3, July 24, 2024
Any contract containing a provision limiting the vendor's
				  liability shall also contain provisions limiting the state's liability and
				  preserving the state's sovereign immunity.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 110 - Inventory Guidelines for State of Iowa Personal and Real Property › Rule 11-110.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The department of administrative services is responsible for
				  establishing inventory guidelines for personal and real property owned by state
				  departments. Beginning July 1, 1998, the accompanying rules are the minimum
				  universal guidelines for personal property. Each state department may implement
				  more restrictive guidelines to enhance accountability for physical
				  assets.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 110 - Inventory Guidelines for State of Iowa Personal and Real Property › Rule 11-110.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Personal property.
For purposes of this chapter, personal
				property is any item or equipment that has an acquisition value of $5000 or
				more and has an anticipated useful life of one year or more. Computer software
				is to be excluded from this definition. If the minimum level for capitalization
				set by the federal Office of Management and Budget 2 CFR Part 200 is changed,
				the department of administrative services will determine if the amount should
				be adjusted for the state of Iowa.
(2)
Accounting in aggregate.
Accounting in aggregate is the process of accounting for certain types of items
				in a lump sum rather than individually. Items accounted for in aggregate are
				added for the combined value with one entry to the fixed asset listing. Items
				that may be accounted for in aggregate are defined as: one item that is made up
				of two or more component parts and the individual values are less than $5000,
				but the combined value can be $5000 or more.
(3)
Acquisition value
-
cost.
Cost may include freight, installation expense and
				administrative expense, if readily known and available. For donated items,
				historical treasures and similar assets, acquisition value is the price that
				would be paid to acquire an asset with similar service potential.
(4)
Department.
A department
				is any state agency or institution as identified in Iowa Code section
				7A.30.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 110 - Inventory Guidelines for State of Iowa Personal and Real Property › Rule 11-110.3 - Accounting for Items in Aggregate

Current through Register Vol. 47, No. 3, July 24, 2024
Personal property may be accounted for in aggregate. If
				  accounting in aggregate as defined in 110.2(2), one item or component of the
				  item shall be tagged with a prenumbered tag and all other items or components
				  marked with an unnumbered tag or other identifiable markings.
Any item that is accounted for in the aggregate whose
				  individual values are less than $5000 will not be included in the Iowa Annual
				  Comprehensive Financial Report (ACFR), even if the amount in the aggregate
				  exceeds the minimum level for capitalization. If a department chooses to
				  account for items in aggregate, or report items at a level that is more
				  restrictive than $5000, then the department must recognize that these items
				  will be reconciling items when reporting for the ACFR.
To ensure proper accountability for these items, each
				  department will prepare written policies and procedures for tracking and
				  recording items accounted for in aggregate.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 110 - Inventory Guidelines for State of Iowa Personal and Real Property › Rule 11-110.5 - Inventory Identification

Current through Register Vol. 47, No. 3, July 24, 2024
If feasible, all inventoried personal property should be
				  identified as state of Iowa property with a prenumbered decal or the
				  appropriate bar code tag or other identifiable mark.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 110 - Inventory Guidelines for State of Iowa Personal and Real Property › Rule 11-110.6 - Inventory Listing

Current through Register Vol. 47, No. 3, July 24, 2024
Personal property should be accounted for on an inventory
				  listing. As applicable, the following minimum information must be presented on
				  the inventory listing for each record of personal property:
1. Department.
2. Tag number.
3. Description.
4. Acquisition value.
5. Location(s).
6. Acquisition date.
7. Disposition date (not applicable until
				disposal of property).
8. The only
				depreciation method allowed shall be the straight-line method.
9. If the personal property is depreciated,
				the information must include the useful life of the asset.
Departments shall develop adequate internal control
				  procedures that (1) identify individual(s) authorized to update and change the
				  inventory records and (2) provide for an adequate segregation of duties between
				  the recording and custody of property.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 111 - Disposal of State Personal Property › Rule 11-111.3 - State Vehicle Auctions

Current through Register Vol. 47, No. 3, July 24, 2024
Public auctions of state vehicles under the control of the
				  director shall be held in accordance with the standards set forth in this rule.
				  Auctions may be conducted electronically.
(1)
Eligibility to bid.
All
				bidders must register before making a bid. Bid numbers shall be available prior
				to and during the sale. All bidders must be 18 years of age or older to bid or
				purchase items at the auction.
(2)
Settlement of purchases.
All sales are final. Final settlement
				may be made on the date of the sale, but must be completed by the date
				specified at the time of the sale. Removal of purchased items is at the expense
				of the successful bidder.
(3)
Guarantees and warranties.
All items are sold to the highest
				bidder as is, with no guarantees or warranties.
(4)
Sales tax.
Iowa sales
				tax and any applicable local option tax shall be collected at the auction,
				unless the item sold is a vehicle subject to registration.
(5)
Public property.
Individuals tampering with or pilfering public property shall be subject to
				prosecution.
(6)
Office
				hours.
Office hours for completing final settlement in person and
				taking possession of the purchased item are as specified in the terms and
				conditions of the sale.
(7)
Announcements.
Any announcements, corrections or revisions of
				sale item descriptions or bid reservation policy announced by auction officials
				during the course of the sale shall take precedence over sale item descriptions
				and bid reservation policy in printed materials.
(8)
Liability.
The state
				does not accept any responsibility or liability for damages done to person or
				property once the successful bidder takes possession of the purchased item. If
				the item is damaged while still in the possession of the state, upon the
				request of the successful bidder the state shall return the bidder's payment
				and void the transaction. The state of Iowa, department of administrative
				services, the auctioneers and their employees are not responsible for any
				accidents.
(9)
State
				vehicle auctions-exceptions.
All used motor vehicles turned in to the
				director shall be disposed of by public auction, with the following exceptions:
a. In the case of a used motor vehicle of
				special design, the director may, instead of selling the vehicle at public
				auction, authorize the trade of the vehicle for another vehicle of similar
				design.
b. If a motor vehicle
				sustains damage and the cost of repair exceeds the wholesale value of the
				vehicle, the director may dispose of the vehicle by obtaining two or more
				written salvage bids and selling the vehicle to the highest responsible
				bidder.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 114 - Organization and Operation of Terrace Hill › Rule 11-114.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions listed in Iowa Code section
				  17A.2 shall apply for
				  terms as used throughout this chapter. In addition, the following definitions
				  shall apply:
"Administrator"
means the administrator of
				  Terrace Hill.
"Commission "
means the Terrace Hill
				  commission as established by Iowa Code section
				  8A.326.
"Facility"
means the Terrace Hill mansion,
				  carriage house, grounds, and all related property, all of which have been
				  designated a National Historic Landmark and which are subject to a Conservation
				  Easement Agreement for the Preservation of Terrace Hill, recorded with the Polk
				  County, Iowa, Recorder and effective until January 6, 2061.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 114 - Organization and Operation of Terrace Hill › Rule 11-114.2 - Mission Statement

Current through Register Vol. 47, No. 3, July 24, 2024
The commission exists in accordance with Iowa Code section
				  8A.326 to
				  preserve, maintain, renovate, landscape, and administer the facility. The
				  commission has authority to establish policy and procedures and approve the
				  ongoing expenditures for preservation, renovation, and landscaping of the
				  facility and seeks necessary funds for these activities. The facility is
				  maintained as the official residence for the governor of Iowa and serves as a
				  facility for public and private functions.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 114 - Organization and Operation of Terrace Hill › Rule 11-114.3 - Terrace Hill Commission

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Composition.
The commission consists of nine members appointed
				by the governor in accordance with Iowa Code section
				8A.326.
(2)
Meetings.
The commission
				shall meet at the call of the chair. A majority of the members of the
				commission shall constitute a quorum, and an affirmative vote of a majority of
				the members present is required for approval of an item.
All meetings are open to the public under Iowa Code chapter
				  21 and conducted in accordance with Robert's Rules of Order, Revised Edition,
				  to the extent such rules are not inconsistent with Iowa law. Public notice of
				  all meetings shall be made available to the news media. The tentative agenda
				  for meetings shall be posted in the governor's office at the State Capitol at
				  least 24 hours prior to the commencement of any meeting in accordance with Iowa
				  Code chapter 21.
(3)
Committees
-
appointment.
Committees of the
				commission may be appointed on an ad hoc basis by the chairperson of the
				commission. Persons who are not members of the commission may be appointed to
				committees.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 114 - Organization and Operation of Terrace Hill › Rule 11-114.4 - Gifts, Bequests, Endowments

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may accept private gifts, bequests, and
				  endowments. Accepted gifts, bequests, and endowments shall be used in
				  accordance with the desire of the donor as expressed at the time of the
				  donation. Undesignated funds shall be used for projects and activities of the
				  commission.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 114 - Organization and Operation of Terrace Hill › Rule 11-114.5 - Public and Private Grants and Donations

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may apply for and receive funds from public or
				  private sources. Receipts from these grants shall be used in accordance with
				  all stipulations of the grant contract.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 114 - Organization and Operation of Terrace Hill › Rule 11-114.6 - Sale of Mementos

Current through Register Vol. 47, No. 3, July 24, 2024
The commission may sell mementos or other items relating to
				  Iowa and its culture at its facilities.
(1)
Operator of gift shop.
Rescinded IAB 10/14/15, effective 11/18/15.
(2)
Income.
Rescinded IAB
				10/14/15, effective 11/18/15.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 114 - Organization and Operation of Terrace Hill › Rule 11-114.7 - Facilities Management

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Address.
Terrace Hill is located at 2300 Grand Avenue, Des
				Moines, Iowa 50312. Telephone number (515)281-7205.
(2)
Hours of operation.
Terrace Hill is open to the public a minimum of 20 hours per week and is closed
				the months of January and February. Specific hours and days shall be posted at
				the facility. The hours shall be approved by the commission. Changes in the
				hours shall be effective upon 30 days' notice as posted.
(3)
Fees.
Fees may be
				charged and collected by the commission including, but not limited to, fees for
				admission, special events, use of images, and technical services. All fees
				charged shall be approved by the commission and shall become effective upon 30
				days' notice. This notice shall be a public posting in the facility. All fees
				shall be permanently posted.
(4)
Smoking.
Smoking shall be prohibited in the
				facility.
(5)
Food and
				drink.
Consumption of food and beverages shall be prohibited in the
				facility except in specific areas as designated by the commission.
(6)
Use of alcoholic
				beverages.
Alcoholic beverages may be served at functions at the
				facility only with the use of an approved caterer. Interested caterers shall
				contact the Administrator, Terrace Hill, 2300 Grand Avenue, Des Moines, Iowa
				50312.
(7)
Liability.
All individuals or groups renting the facility
				shall be liable for any or all damages to the facility. The renter shall be
				billed for the cost of the repairs, extraordinary cleaning and, if necessary,
				the collection costs.
(8)
Public functions.
Public functions may be held at the facility
				when the governor has an immediate interest or the function meets the special
				events criteria established by the commission. The criteria require that the
				event be in accordance with the mission of the facility. Weddings and wedding
				receptions are strictly prohibited, except in the case of the immediate family
				of the current governor. Inquiries shall be directed to the Administrator,
				Terrace Hill, 2300 Grand Avenue, Des Moines, Iowa 50312.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 114 - Organization and Operation of Terrace Hill › Rule 11-114.8 - Tours

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Group
				tours.
Reservations shall be required for tour groups often or more.
				Requests for reservations shall be directed to the Administrator, Terrace Hill,
				2300 Grand Avenue, Des Moines, Iowa 50312.
(2)
Fees.
An admission fee
				is charged at Terrace Hill. There shall be no charge for school groups. The fee
				schedule shall be permanently posted at the site. Inquiries concerning fees
				shall be directed to the Administrator, Terrace Hill, 2300 Grand Avenue, Des
				Moines, Iowa 50312.
(3)
Parking.
Designated parking has been established by the
				commission. Vehicles are not permitted in the east driveway.
(4)
Pets.
Pets are not
				permitted at the facility with exception of those belonging to the governor or
				the governor's family or service dogs or assistive animals accompanying and
				under the control of a person with a disability, a person assisting a person
				with a disability, or a person training a service dog or assistive animal. The
				person is liable for damage done to the facility by the service dog or
				assistive animal.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 116 - Terrace Hill Endowment for the Musical Arts › Rule 11-116.1 - Structure

Current through Register Vol. 47, No. 3, July 24, 2024
The Terrace Hill endowment for the musical arts (THEMA)
				  functions under the Terrace Hill commission with all final authority resting
				  with the commission. A board of not less than seven members called the board of
				  trustees will conduct two piano competitions: a senior competition for high
				  school seniors and a junior competition for students in grades 9 through 11.
				  The board will direct payments from the endowment for scholarships to one or
				  more winners of the senior competition. No endowment money is to be used for
				  awards to winners of the junior competition. The board will be appointed by the
				  commission. Staggered terms of three years will be set by the commission for
				  THEMA trustees. All policies, fund-raising activities and decisions concerning
				  the competition and the scholarships are under the jurisdiction of the
				  trustees, subject to Terrace Hill commission oversight and
				  approval.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 116 - Terrace Hill Endowment for the Musical Arts › Rule 11-116.2 - Senior Competition Scholarship Established

Current through Register Vol. 47, No. 3, July 24, 2024
The Terrace Hill commission maintains an endowment fund to be
				  used for the purposes of conducting a piano competition and providing
				  scholarships to the winners of the senior piano competition. Participants in
				  the competition must be Iowa high school seniors who will be entering freshmen
				  with a piano major or minor at one of Iowa's public or private colleges or
				  universities. The scholarship is called "The First Family of Iowa Scholarship
				  from the Terrace Hill Endowment for the Musical Arts." The first-, second- and
				  third-place participants shall receive one-time scholarships. One-half of each
				  scholarship shall be presented each year for a two-year period. In the event
				  the first-place participant is disqualified or otherwise unable to utilize the
				  scholarship, the judges may choose to award the first-place scholarship to the
				  second- or third-place participant. Such a decision must be accompanied by a
				  written statement in which the judges set out their opinion that the second- or
				  third-place participant has sufficient talent to merit the increased
				  scholarship. The scholarship may be supplemented by other benefits, publicity
				  or opportunities as may be arranged by the commission.
All scholarships will be determined by the THEMA board of
				  trustees as set forth in the requirements the board establishes and posts on
				  the THEMA Web site:
www.TerraceHillPianoCompetition.org
.
				  The scholarships will be paid directly to the colleges or universities attended
				  by the participants.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 116 - Terrace Hill Endowment for the Musical Arts › Rule 11-116.3 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
Application forms for both competitions are available from
				  the Terrace Hill Commission, 2300 Grand Avenue, Des Moines, Iowa 50312, and on
				  the THEMA Web site:
www.TerraceHillPianoCompetition.org
.
				  Telephone requests may be made by calling the commission at (515)281-7205. The
				  form contains the deadline for submission to the commission in order for a
				  participant to be eligible for the scholarship awarded for that particular
				  school year. Procedures and standards for application and acceptance are set by
				  the THEMA board of trustees.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 116 - Terrace Hill Endowment for the Musical Arts › Rule 11-116.4 - Funding

Current through Register Vol. 47, No. 3, July 24, 2024
All funds to support and maintain the piano competitions and
				  scholarships have been raised by public and private donations and shall not be
				  used for any other purpose. Funds are deposited into a segregated account with
				  the Terrace Hill partnership, a public charitable foundation organization of
				  which the commission is the sole member. Funds are disbursed as directed by the
				  THEMA board of trustees, subject to commission approval. All proceeds generated
				  from investment interest by the scholarship moneys are themselves deposited
				  into the scholarship account. The treasurer for the THEMA endowment fund is the
				  treasurer for the Terrace Hill partnership.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 116 - Terrace Hill Endowment for the Musical Arts › Rule 11-116.5 - Selection Criteria and Judging

Current through Register Vol. 47, No. 3, July 24, 2024
The sole criterion for the scholarships will be the talent of
				  the participants. Representatives of the board of trustees may conduct an
				  initial review of the participants' applications to narrow the field of
				  participants. The selected participants will perform before a panel of judges,
				  who will select the scholarship winners.
(1)
Selection of judges.
The
				THEMA board of trustees shall establish a selection committee to choose judges
				for the competitions. All members of the selection committee shall have a
				background in piano and piano education. To ensure the competence of the
				judges, each must be approved by the selection committee as being competent to
				judge piano talent.
(2)
Competitions.
All rules and procedures for the competitions
				will be determined by the THEMA board of trustees and will be posted on the
				THEMA Web site:
www.TerraceHillPianoCompetition.org
.
				All participants shall be given at least two weeks' notice of the date, time,
				and location of the competitions, and the amount of time available for each
				participant's performance. All participants shall perform on a piano furnished
				by the commission. The judges may impose additional requirements as needed to
				preserve the order and decorum of the competitions and to ensure that each
				participant has a fair opportunity to perform.
(3)
Selection.
At the
				conclusion of the competitions, the judges shall meet in closed session to
				review the performances and select the successful participants. The decision of
				the judges is final, with no review available by the Terrace Hill
				commission.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.1 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Applicability.
a. Goods and services of
				general use. Under the provisions of Iowa Code chapter 8 A, these rules apply
				to the purchase of goods and services of general use by any unit of the state
				executive branch including a commission, board, institution, bureau, office,
				agency or department, except items used by the state department of
				transportation, institutions under the control of the board of regents, the
				department for the blind, and any other agencies or instrumentalities of the
				state exempted by law.
b. Services.
				Procurement of services shall also meet the provisions of Iowa Administrative
				Code, 11-Chapters 118 and 119.
c.
				Information technology. Pursuant to Iowa Code chapter 8A, procurement of
				information technology devices and services by participating agencies shall
				also meet the requirements of rule
				11-117.11
				(8A). Rule
				11-117.11
				(8A) shall apply to:
(1) The process by which
				the department shall ensure effective and efficient compliance with standards
				prescribed by the department with respect to the procurement of information
				technology devices and services by participating agencies, and
(2) The acquisition of information technology
				devices and services by the department for the department or by the department
				for a participating agency that has requested that the department procure
				information technology devices or services on the agency's behalf.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.3 - Competitive Procurement

Current through Register Vol. 47, No. 3, July 24, 2024
It is the policy of the state to obtain goods and services
				  from the private sector for public purposes to achieve value for the taxpayer
				  through a competitive selection process that is fair, open, and objective.
				  Where feasible, common use items will be purchased cooperatively with state
				  agencies having independent procurement authority to leverage economies of
				  scale, add convenience, standardize common items, and increase
				  efficiencies.
(1) Informal
				competition. The department may use informal competition or formal competition
				for the purchase of any good or service or group of goods or services of
				general use costing less than $50,000.
(2) Formal competition. The department shall
				use formal competition for the procurement of any good or service or group of
				goods or services of general use costing $50,000 or more.
(3) Construction procurement. Formal
				competition shall be used for selection of a vendor for construction, erection,
				demolition, alteration, or repair of a public improvement when the cost of the
				work exceeds $100,000 or the adjusted competitive threshold established in Iowa
				Code section 314. IB.
(4)
				Purchasing services. Thresholds for the use of formal or informal competition
				for the procurement of services are governed by rule
				11-118.5
				(8A).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.4 - Master Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Use of master agreements.
The department shall enter into
				master agreements to procure goods and services of general use for all state
				agencies with the exception of those purchases made by the state department of
				transportation, institutions under the control of the board of regents, the
				department for the blind, and any other agencies exempted by law. If the
				department has entered into a master agreement for a good or service of general
				use, a state agency that is not otherwise exempt shall purchase the good or
				service through the master agreement, unless a comparable good or service is
				available from a different vendor and the quantity required or an emergency or
				immediate need makes it cost-effective to purchase from that vendor. If an
				agency or agencies routinely or on a recurring basis purchase a specific good
				or service not available through a master agreement, the department may
				establish a master agreement for that good or service in cooperation with the
				affected agencies.
(2)
Term
				of master agreements.
The initial term of a master agreement shall be
				no more than three years. Following the initial term, a master agreement may be
				renewed by the department for periods of one to three years; provided, however,
				that a master agreement, including all optional renewals, shall not exceed a
				term of six years unless a waiver of this provision is granted pursuant to rule
				11-117.21 (8A)
				(goods) or rule
				11-118.16 (8A)
				(services).
(3)
Master
				agreements available to governmental subdivisions.
Master agreements
				entered into by the department may be extended to and made available for the
				use of other governmental entities as defined in Iowa Code section 8A. 101. The
				department shall provide a list of current master agreements to a governmental
				subdivision upon request. The list may be provided in an electronic format. A
				governmental subdivision may request a copy of a specific master agreement. The
				department may provide the master agreement in an electronic format and assess
				a copying charge when a printed copy is requested.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.5 - Exemptions From Competitive Procurement

Current through Register Vol. 47, No. 3, July 24, 2024
The director or designee may exempt goods and services of
				  general use from competitive procurement processes when the procurement meets
				  one of the following conditions. All procurements that are exempt from
				  competitive processes shall be recorded as such, and appropriate justification
				  shall be maintained by the agency initiating the action. Each of the following
				  exemptions from competitive procurement procedures require additional review
				  and approvals.
(1)
Emergency
				procurement.
a.
Justification for emergency procurement.
An emergency procurement
				shall be limited in scope and duration to meet the emergency. When considering
				the scope and duration of an emergency procurement, the department or agency
				should consider price and availability of the good or service procured so that
				the department or agency obtains the best value for the funds spent under the
				circumstances. The department and agencies shall attempt to acquire goods and
				services of general use with as much competition as practicable under the
				circumstances.
b.
Special
				procedures required for emergency procurements.
Justification for the
				emergency purchase shall be documented and submitted to the director or
				designee for approval. The justification shall include the good or service that
				is to be or was purchased, the cost, and the reasons the purchase should be or
				was considered an emergency.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.6 - Preferred Products and Vendors

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Preference to Iowa products and
				services.
a. All requests for
				proposals for materials, products, supplies, provisions and other needed
				articles and services to be purchased at public expense shall not knowingly be
				written in such a way as to exclude an Iowa-based company capable of filling
				the needs of the purchasing entity from submitting a responsive
				proposal.
b. The department and
				state agencies shall make every effort to support Iowa products when making a
				purchase. Tied responses to solicitations, regardless of the type of
				solicitation, shall be decided in favor of the Iowa products. Tied bids between
				Iowa products shall be decided in accordance with subrule 117.13(4).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.7 - Centralized Procurement Authority and Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Centralized procurement of goods
				and services of general use.
The department shall procure goods and
				services of general use for all state agencies with the exceptions of those
				purchases made by the state department of transportation, institutions under
				the control of the board of regents, the department for the blind, and any
				other agencies exempted by law.
(2)
Delegation of procurement authority.
The department shall
				establish guidelines for implementation of procurement authority delegated to
				agencies. The department shall assist agencies in developing purchasing and
				purchasing card procedures consistent with central purchasing policy and
				procedures and recommended governmental procurement standards.
(3)
Planning, research, and
				development.
The director may establish advisory groups and customer
				councils of agency representatives appointed by the respective agency directors
				to assist the department in procurement planning and research and to advise on
				policies, procedures, and financing. This advice includes, but need not be
				limited to, market research, product specifications, terms and conditions;
				purchasing rules and guidelines; purchasing system development; and equitable
				financing of the enterprise purchasing system. The department will provide
				staff support for any advisory groups and councils that are created. The
				department may periodically require forecasts from state agencies and
				institutions regarding future procurements. When requesting forecasts, the
				department shall assist agencies in securing and analyzing historical
				information related to previous purchasing activity.
(4)
Purchasing card program.
The department shall establish and administer a purchasing card program
				available to any state agency, department, division, bureau, enterprise, unit
				or other state entity to facilitate the acquisition of goods, services and
				select travel expenses. The department shall establish program policies and
				procedures in accordance with state procurement and accounting policies, and
				any applicable statutory and regulatory authority. Except for state vehicle
				fuel purchase cards assigned by the department, the purchasing card shall be
				the only commercial credit card authorized by the department.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.8 - Notice of Solicitations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General notification.
a.
Bid posting.
The department and each state agency shall
				provide notice of solicitations. The department and each state agency shall
				post notice of every formal competitive bidding opportunity and proposal to the
				official Internet site,bidopportunities.iowa.gov, operated by the department in
				accordance with Iowa Code sections
				73.2,
				8A.311,
				and
				362.3.
				Instead of direct posting, the agency may add a link
				tobidopportunities.iowa.govthat connects to the website maintained by the
				agency on which requests for bids and proposals for that agency are posted. For
				the purposes of this subrule, a formal solicitation is as defined by the
				appropriate procurement authority. Informal competitive bidding opportunities
				and proposals may also be posted on or linked to the official state Internet
				site operated by the department.
b.
Other forms of notice.
Notice of competitive bidding
				opportunities and proposals may be provided by telephone or fax, in print, or
				by other means that give reasonable notice to vendors, in addition to the
				posting or linking of formal solicitations to the official Internet site
				operated by the department.
c.
Posting of requests for architectural and engineering
				services.
A request for proposals for architectural or engineering
				services may be posted electronically by a department or state agency in
				addition to other methods of advertisement required by law.
d.
Bids voided.
A formal
				competitive bidding opportunity that is not preceded by a notice that satisfies
				the requirements of this subrule is void and shall be rebid. This requirement
				shall be effective for formal competitive bidding opportunities issued on or
				after September 1, 2005.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.9 - Types of Solicitations

Current through Register Vol. 47, No. 3, July 24, 2024
The department may use the following solicitation methods
				  when procuring goods and services of general use for the enterprise.
(1)
Informal competition.
a.
Description of
				solicitation.
The informal request for bids or proposals may be
				completed electronically, by telephone or fax, or by other means determined by
				the department.
b.
Response
				and evaluation.
Informal bids shall be tabulated, evaluated,
				documented and attached to the purchase order.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.10 - Procurement of Architectural and Engineering Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Qualifications.
As part
				of the competitive selection process, the department shall determine whether an
				architect or engineer is competent and qualified. In making this determination,
				the department may consider the following factors:
1. Professional licensing or registration
				credentials,
2. Integrity and
				reliability,
3. Past performance
				relative to the quality and timeliness of service on similar
				projects,
4. Past experience with
				the state in relation to services provided,
5. Quality and timeliness of the services
				provided,
6. The proposed terms of
				delivery, and
7. The best interests
				of the state.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.11 - Procurement of Information Technology Devices and Services

Current through Register Vol. 47, No. 3, July 24, 2024
This rule applies to the procurement of information
				  technology devices and services by participating agencies.
(1)
Approval of participating agency
				information technology procurements.
a. All procurement of information technology
				devices and services must meet operational standards prescribed by the
				department.
b. With the exception
				of requests for proposals (RFPs) which are approved by the technology
				governance board, procurement of all information technology devices and
				services, projects and outsourcing of $50,000 or more or a total involvement of
				750 participating agency staff hours or more must receive prior approval from
				the office of the chief information officer (OCIO) before a participating
				agency issues a competitive selection document or any other procurement
				document or otherwise seeks to procure information technology devices or
				services or both through the department or on its own purchasing authority. The
				participating agency's approval request shall be in a form prescribed by the
				department.
c. Participating
				agencies shall notify the technology governance board in writing on a quarterly
				basis that technology purchases made during the previous quarter were in
				compliance with the technology governance board's procurement rules and
				information technology operational standards.
d. Participating agencies shall not break
				purchasing into smaller increments for the purpose of avoiding threshold
				requirements of this subrule.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.12 - Specifications in Solicitations

Current through Register Vol. 47, No. 3, July 24, 2024
All specifications used in solicitations shall be written in
				  a manner that encourages competition.
(1)
Limitations on brands and
				models.
Specifications shall be written in general terms without
				reference to a particular brand or model unless the reference is clearly
				identified as intending to illustrate the general characteristics of the item
				and not to limit competition. A specific brand or model may be procured only
				when necessary to maintain a standard required or authorized by law or rule or
				for connectivity or compatibility with existing commodities or
				equipment.
(2)
Recycled
				content and products.
When appropriate, specifications shall include
				requirements for the use of recovered materials and products. The
				specifications shall require, at a minimum, that all responses to a
				solicitation include a product content statement that describes the percentage
				of the content of the item that is reclaimed material.
The department shall revise specifications developed by
				  agencies if the specifications restrict the use of alternative materials,
				  exclude recovered materials, or require performance standards that exclude
				  products containing recovered materials unless the agency seeking the product
				  can document that the use of recovered materials will impede the intended use
				  of the product.
Specifications shall support the following
				  procurements:
a. Products containing
				recovered materials, including but not limited to lubricating oils, retread
				tires, building insulation materials, and recovered materials from waste
				tires.
b. Bio-based hydraulic
				fluids, greases, and other industrial lubricants manufactured from soybeans in
				accordance with Iowa Code section
				8A.316.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.14 - Agency Purchasing Authority and Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purchase of goods.
An
				agency may acquire goods not otherwise available from a master agreement in
				accordance with the procurement threshold guidelines in
				11-117.15(8A).
(2)
Purchase
				of services.
An agency may procure services unique to the agency's
				program or used primarily by that agency and not by other agencies. The
				department will assist agencies with these procurements upon request.
				Procurement of services by an agency shall comply with the provisions of
				11-Chapters 118 and 119.
(3)
Procurement of printing.
a.
				As the first step in the printing procurement process, an agency may provide
				its request to state printing. State printing may produce the printing
				internally or procure the printing for the agency.
b. An agency may procure printing.
				Procurement of printing by an agency shall utilize formal or informal
				competitive selection, pursuant to 11-117.3(8A). The agency's internal
				procedures and controls for competitive selection of a printing vendor shall be
				consistent with the requirements of the department and the state
				auditor.