reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.6 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				  office may request additional information from the petitioner relative to the
				  petition and surrounding circumstances. If the petition was not filed in
				  conjunction with a pending contested case or appeal, the office may, on its own
				  motion or at the petitioner's request, schedule a meeting between the
				  petitioner and the CIO, which may be conducted either in person or by
				  telephonic or other similar electronic means.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.7 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The office shall acknowledge the receipt of a petition by
				  means reasonably calculated to reach the petitioner or designee. The office
				  shall ensure that, within 30 days of the receipt of the petition, notice of the
				  pendency of the petition and a concise summary of its contents have been
				  provided to all persons to whom notice is required by any provision of law. In
				  addition, the office may give notice to other persons. To accomplish this
				  notice provision, the office may require the petitioner to serve the notice on
				  all persons to whom notice is required by any provision of law and provide a
				  written statement to the office attesting that notice has been provided. Notice
				  may be provided by email or similar electronic means.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.8 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				  17A.10
				  to
				  17A.18A
				  regarding contested case hearings and the office's corresponding implementing
				  rules at 129-Chapter 6 shall apply to any petition for a waiver filed within a
				  contested case and shall otherwise apply to office proceedings for a waiver
				  only when the office so provides by rule or order or is required to do so by
				  statute.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.10 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				  indexed, filed, and available for public inspection as provided in Iowa Code
				  section
				  17A.3.
				  Petitions for a waiver and orders granting or denying a waiver petition are
				  public records under Iowa Code chapter 22. Some petitions or orders may contain
				  information the office is authorized or required to keep confidential. The
				  office may accordingly redact confidential information from petitions or orders
				  prior to public inspection.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.11 - Summary Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Semiannually, the office shall prepare a summary report
				  identifying the rules for which a waiver has been granted or denied, the number
				  of times a waiver was granted or denied for each rule, a citation to the
				  statutory provisions implemented by such rules, and a general summary of the
				  reasons justifying the office's actions on waiver requests under this chapter.
				  If practicable, the report shall detail the extent to which the granting of a
				  waiver under this chapter has affected the general applicability of the rule
				  itself. Copies of this report shall be available for public inspection and
				  shall be provided semiannually to the administrative rules coordinator and the
				  administrative rules review committee.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.12 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the CIO pursuant to this chapter may be
				  withdrawn, canceled, or modified if, after appropriate notice and hearing, the
				  CIO issues an order finding any of the following:
1. The petitioner or the person who was the
				subject of the waiver order withheld or misrepresented material facts relevant
				to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
				the public health, safety, and welfare and information security will be
				adequately protected after issuance of the waiver order have been demonstrated
				to be insufficient; or
3. The
				subject of the waiver order has failed to comply with all conditions contained
				in the order.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.13 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated
				  as a violation of the particular rule for which the waiver was granted. As a
				  result, the recipient of a waiver under this chapter who violates a condition
				  of the waiver may be subject to the same remedies or penalties as a person who
				  violates the rule at issue.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.14 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the CIO issues an order granting a waiver, the order is
				  a defense within its terms and the specific facts indicated therein for the
				  person to whom the order pertains in any proceeding in which the rule in
				  question is sought to be invoked.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 7 - Waivers › Rule 129-7.15 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of an office decision granting or denying a
				  waiver petition may be taken in accordance with Iowa Code chapter
				  17A.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 8 - Information Technology Governance › Rule 129-8.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in Iowa Code section
				  8B.1 shall apply to
				  this chapter. In addition, the following definitions shall also apply:
"Agency"
or
"state agency"
means a unit of state government, which is an authority, board, commission,
				  committee, council, department, examining board, or independent agency as
				  defined in Iowa Code section
				  7E.4,
				  including but not limited to each principal central department enumerated in
				  Iowa Code section
				  7E.5.
				  However, "agency" or "state agency" does not mean any of the following:
1. The office of the governor or the office of an elective
				  constitutional or statutory officer.
2. The general assembly, or any office or unit under its
				  administrative authority.
3. The judicial branch, as provided in Iowa Code section
				  602.1102.
4. A political subdivision of the state or its offices or
				  units, including but not limited to a county, city, or community college.
"Chief information officer"
or
"CIO"
means the state chief information officer or the CIO's
				  designee.
"Information technology governance
				  document(s)"
or
"information technology governance
				  requirement(s)"
means compulsory information technology statutes,
				  rules, policies, standards, processes, or procedures which are promulgated,
				  administered, or enforced by the office and which govern participating
				  agencies' acquisition, utilization, or provision of information
				  technology.
"Information technology waiver"
or
"waiver"
means, as applied to a participating agency on the
				  basis of the particular circumstances of that agency, any action by the office
				  that suspends, in whole or in part, the requirements of any information
				  technology governance requirement.
"Participating agency"
shall have the
				  meaning ascribed to it under Iowa Code chapter 8B but does not include state
				  agencies that are excluded from the definition of state agency as defined in
				  this chapter or that are otherwise exempt pursuant to their specific enabling
				  acts.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 8 - Information Technology Governance › Rule 129-8.3 - Advisory Groups

Current through Register Vol. 47, No. 3, July 24, 2024
The office may establish advisory groups and related policies
				  and procedures to organize and effectively and efficiently utilize such
				  advisory groups. Advisory groups may be comprised of information technology
				  leaders from agencies across state government to advise and assist the CIO and
				  office in accomplishing the objectives, duties, and responsibilities outlined
				  herein and in Iowa Code chapter 8B. Advisory groups established by the office
				  shall be solely advisory to the CIO and office, and the CIO and office retain
				  all final decision-making authority as conferred by Iowa Code chapter
				  8B.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 8 - Information Technology Governance › Rule 129-8.4 - Information Technology Governance Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Proposing information technology
				governance requirements.
Anyone may recommend the development or
				adoption of an information technology governance requirement to the CIO or
				office or advisory committee created and designated by the CIO for such
				purpose.
(2)
Development of
				information technology governance requirements.
Where the CIO, office,
				or advisory committee created and designated by the CIO for such purpose is of
				the opinion that a proposed information technology governance requirement has
				merit, the CIO, office, or advisory committee created and designated by the CIO
				for such purpose may work with the individual proposing the information
				technology governance requirement to develop the requirement. In developing
				information technology standards, the CIO, office, or advisory committee
				created and designated by the CIO for such purpose may consider, by way of
				example only:
a. Whether and how such
				requirement furthers the objectives of the enterprise;
b. Current industry standards or best
				practices;
c. Whether and how the
				requirement would help avoid the duplication of services, resources, or
				support;
d. Whether and how the
				requirement would further the state's information technology strategic plan,
				enterprise architecture, security plans, or any other information technology
				governance requirements;
e. Whether
				and how the requirement would affect expenditures across the
				enterprise;
f. Existing technology
				deployments;
g. The impact on state
				resources;
h. Acquisition,
				development and deployment time frames associated with implementing the
				requirement.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 8 - Information Technology Governance › Rule 129-8.5 - Assessment and Enforcement of Information Technology Governance Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compliance assessments and requests for information.
The
				office may periodically assess participating agencies' compliance with
				information technology governance requirements. In so doing, the office will
				coordinate and collaborate with participating agencies. Participating agencies
				shall provide appropriate information, access, and assistance to complete such
				assessments, or as is otherwise necessary for the office to carry out its
				duties and responsibilities under Iowa Code chapter 8B. As part of such
				assessments, participating agencies may be required to, by way of example only:
a. Provide the office with information as
				required by Iowa Code section
				8B.21(1)
"k"
and
"/,"
or as otherwise required
				pursuant to Iowa Code chapter 8B or 22. Such information may include, but not
				be limited to:
(1) An inventory of information
				technology used by the participating agency.
(2) Budget or spending information of or
				related to information technology.
(3) Competitive selection documents,
				acquisition documents, internal procurement policies adopted by the
				participating agency, and other documents relied on, issued by, or executed by
				the participating agency related to the acquisition of information
				technology.
(4) Information about
				any security incidents.
(5)
				Security logs and reports, such as latency statistics, user access summaries,
				user access Internet protocol (IP) address summaries, user access history and
				security logs for information technology systems of the participating agency or
				its vendors.
(6) Security processes
				and technical limitations of the participating agency or its vendors, such as
				those related to virus checking and port sniffing.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 8 - Information Technology Governance › Rule 129-8.6 - Waivers From Information Technology Governance Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requests for waiver.
A participating agency may file a request
				for waiver from an information technology governance requirement, in whole or
				in part, in accordance with the following form, manner, and content
				requirements.
a. Form and manner. A request
				for waiver shall be made on forms provided by the office and may be submitted
				by email to cio@iowa.gov. A request for waiver must be signed by the head of
				the participating agency seeking the waiver.
b. Content. The request shall:
(1) Include the name and address of the
				participating agency and a telephone number and email address for the point of
				contact at the participating agency to whom inquiries and notices regarding the
				request for waiver may be directed;
(2) Include a reference to the specific
				information technology governance requirement for which the waiver is
				submitted;
(3) Include a statement
				of facts, including a description of the problem or issue prompting the
				request;
(4) Describe the
				participating agency's preferred solution;
(5) Outline an alternative approach to be
				implemented by the participating agency intended to satisfy the waived
				information technology governance requirement;
(6) Describe the business case for the
				alternative approach;
(7) Include a
				copy of a third-party audit or report that compares the participating agency's
				preferred solution to the information technology solution that can be provided
				by the office;
(8) Outline the
				economic justification for the waiver or a statement as to why the waiver is in
				the best interests of the state;
(9) Specify the time period for which the
				waiver is requested and, to the extent a permanent waiver is requested, explain
				why a temporary waiver would be impracticable; and
(10) Include or be accompanied by any other
				information, including supporting evidence or documentation, deemed relevant by
				the participating agency, including information that would aid the office in
				applying the factors outlined in Iowa Code section
				8B.21(5)
"b"
or determining whether granting the request, in whole or
				in part, is in the best interests of the state of Iowa.
c. The office and participating agency shall
				collaborate on both determining the need for a waiver and, if a waiver is
				determined to be necessary, the development of request for waiver.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 8 - Information Technology Governance › Rule 129-8.7 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
Reports issued by the office, or orders granting or denying
				  waivers, under this chapter shall be indexed, filed, and made available for
				  public inspection as provided in Iowa Code section
				  17A.3.
				  Such reports, orders, and related materials may be considered public records
				  under Iowa Code chapter 22; provided, however, that such reports, orders, and
				  related materials may contain information the office is authorized or required
				  to keep confidential. The office may accordingly redact confidential
				  information from petitions or orders prior to public release or
				  inspection.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 8 - Information Technology Governance › Rule 129-8.8 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
A participating agency may appeal a final decision of the CIO
				  regarding the participating agency's noncompliance with information technology
				  governance requirements under rule 129-8.5 (8B), or a denial, in whole or in
				  part, of a request for waiver under rule 129-8.6 (8B), to the director of the
				  department of management within seven calendar days following the service of
				  the decision. The director of the department of management shall respond within
				  14 days following the receipt of the appeal.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.1 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
This chapter governs:
a. The process for participating agencies and
				other governmental entities to obtain approval from or consult with, as
				applicable, the office in connection with the acquisition of information
				technology; and
b. The procurement
				of information technology by and for the office; by the office for the benefit
				or use of participating agencies or other governmental entities; and by a
				participating agency directly, to the extent the participating agency possesses
				the procurement authority to make such purchases.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.4 - Master Information Technology Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Master information technology
				agreements.
In furtherance of the office's duty to cooperate with
				other governmental entities in the procurement of information technology and in
				an effort to make such procurements in a cost-effective, efficient manner, the
				office may enter into master information technology agreements to procure
				information technology for participating agencies and other governmental
				entities, or may authorize participating agencies and other governmental
				entities to procure information technology thereunder, pursuant to any of the
				methods set forth in rule 129-10.3 (8B). The office may procure information
				technology for participating agencies and other governmental entities from such
				master information technology agreements or may authorize participating
				agencies and other governmental entities to procure information technology
				directly therefrom. Master information technology agreements for particular
				information technology or a particular class of information technology may be
				awarded to a single vendor or to multiple vendors, in the sole discretion of
				the office, irrespective of the procurement method utilized.
(2)
Use of master information
				technology agreements.
a. If the
				office has entered into a master information technology agreement, a
				participating agency shall procure information technology through the master
				information technology agreement, unless:
(1)
				The contract states that use of the master information technology agreement is
				optional;
(2) An information
				technology governance document provides otherwise; or
(3) The participating agency has obtained a
				waiver from the office pursuant to Iowa Code section
				8B.21(5)
				 and corresponding information technology
				waiver rules in 129-Chapter 8.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.5 - Prequalification of Vendors

Current through Register Vol. 47, No. 3, July 24, 2024
In accordance with Iowa Code section
				  8B.24(4),
				  using an invitation to qualify, the office may prequalify a list of vendors
				  capable of delivering particular information technology or a class of
				  information technology. The office, in its sole discretion, may determine for
				  what information technology or classes of information technology it would be
				  appropriate to use an invitation to qualify.
(1)
Purpose.
The purpose of
				an invitation to qualify for information technology acquisitions includes but
				is not limited to the following:
a.
				Standardizing the terms and conditions relating to all information technology
				provided by vendors, thereby avoiding repetition and duplication of
				efforts.
b. Accomplishing
				information technology assignments in a manner consistent with information
				technology governance requirements prescribed by the office.
c. Reducing the time required for the
				solicitation of proposals from vendors for individual projects.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.6 - Method of Procurement, How Determined

Current through Register Vol. 47, No. 3, July 24, 2024
In determining which of the procurement methods set forth in
				  Iowa Code section
				  8B.24(5)
				   and rule 129-10.3 (8B) to utilize or to
				  authorize a participating agency to utilize in acquiring information
				  technology, whether to establish a master information technology agreement
				  pursuant to rule 129-10.4(8B), or whether to prequalify vendors pursuant to the
				  prequalification process outlined in rule 129-10.5 (8B), the office may
				  consider the following nonexclusive list of factors:
1. The manner in which such decision would
				further the state's information technology strategic plan.
2. The manner in which such decision would
				enhance the security of state information-technology systems, and the immediacy
				of the need to do so.
3. The manner
				in which such decision would improve compatibility, interoperability, and
				connectivity between state agencies.
4. The manner in which such decision would
				further improve statewide efforts to standardize data elements and better
				encourage or facilitate the sharing of data across state agencies.
5. The manner in which such decision would
				likely affect the cost to the state for the information technology.
6. The need to standardize the terms and
				conditions relating to the information technology provided by vendors with
				respect to a specific information technology or a class of information
				technology.
7. The administrative
				costs/overhead associated with pursuing an alternative method.
8. The likelihood that an alternative method
				would result in a different or better outcome.
9. The likely willingness and ability of
				state agencies to follow the office's decision and leadership with respect to a
				particular information technology acquisition.
10. The needs of all state
				agencies.
11. The need to avoid
				repetition and duplication.
12.
				Whether such decision would improve compliance with the information technology
				standards and policies prescribed by the office, other applicable industry
				standards, state or federal regulatory requirements related to information
				security, or any combination thereof.
13. Whether such decision would reduce the
				time required to solicit proposals from vendors to obtain the required
				information technology.
14. Whether
				there is an emergency or other pressing need.
15. The competitiveness of the market for the
				particular information technology sought and the likelihood vendors would
				supply thorough and meaningful proposals in response to a solicitation as part
				of a competitive selection process.
16. Any other factors deemed relevant by the
				office.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.7 - Approval Process for Participating Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Approval, when required.
Any procurement of information technology, an information technology project,
				or information technology outsourcing satisfying any or all of the following
				conditions must receive prior approval from the office before a participating
				agency issues a competitive selection document; issues any order or other
				acquisition document, including an order under a master information technology
				agreement; or otherwise seeks to procure information technology through the
				office or on its own procurement authority (including but not limited to where
				such procurement authority is delegated by the office to a participating agency
				elsewhere in this chapter). Prior approval is required when the information
				technology acquisition, project, or outsourcing satisfies any or all of the
				following conditions:
a. Costs $25,000 or
				more; or
b. Is projected to involve
				750 agency staff hours or more; or
c. Involves substantial information-security
				concerns, including but not limited to the sensitivity or confidentiality of
				the data involved; the location of the system, data to be stored therein, or
				both; or the data involved is subject to state or federal regulatory
				requirements governing data security, confidentiality, or integrity;
				or
d. Involves significant
				compatibility, interoperability, or connectivity concerns.
The participating agency's approval request shall be
				  submitted in the form and manner identified by the office. Participating
				  agencies shall not break purchasing into smaller increments in order to avoid
				  the threshold requirements of this rule.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.8 - Consultation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When
				required for nonparticipating agencies.
The office of the governor and
				the offices of elective constitutional or statutory officers are not required
				to obtain prior approval from the office before acquiring information
				technology pursuant to rule 129-10.7 (8B). However, pursuant to Iowa Code
				section
				8B.23(2),
				the office of the governor and the offices of elective constitutional or
				statutory officers must consult with the office prior to procuring information
				technology, consider the information technology standards adopted by the
				office, and provide a written report to the office relating to decisions
				regarding such acquisitions upon request by the office.
(2)
Encouraged for non-information
				technology acquisitions.
Even where an information technology
				acquisition is not appropriately deemed an information technology acquisition,
				the office may provide advice to or consult with any governmental entity
				regarding the acquisition of goods, services, or an outsourcing of state
				functions when the acquisition includes a substantial information-technology
				component, includes a substantial information-security component, or would
				grant a third party access to the state's sensitive or confidential
				information. Such consultation is generally encouraged to ensure, by way of
				example only:
a. Appropriate contractual
				protections or compensating controls are incorporated or implemented to
				safeguard sensitive or confidential data or information.
b. The chosen vendor is able to comply with
				any applicable state or federal regulatory requirements governing data
				security, confidentiality, integrity, or otherwise.
c. The vendor's information-technology
				systems comply with applicable information technology governance
				requirements.
d. The vendor's
				information-technology systems are adequately designed or architected in a
				manner that will adequately safeguard the state's sensitive or confidential
				information.
e. The vendor's
				information-technology systems will be capable of adequately and securely
				connecting to or interfacing with state information-technology systems, to the
				extent necessary.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.9 - Delegated Procurement Authority

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to the approval and consultation processes and
				  requirements set forth in rules 129-10.7 (8B) and 129-10.8 (8B), participating
				  agencies may procure information technology through a competitive selection
				  process administered by the participating agency consistent with the purchasing
				  thresholds and requirements established by this rule.
(1)
Agency direct purchasing
-
basic tier.
For information technology purchases that do not
				exceed the following dollar thresholds, participating agencies may procure
				information technology without competition:
a.
				Non-master-information-technology-agreement information technology devices
				costing less than $1,500.
b.
				Non-master-information-technology-agreement information technology services
				when the estimated annual value of the information technology service contract
				is less than $5,000, or when the estimated value of the multiyear information
				technology service contract in the aggregate, including any extensions or
				renewals, is less than $15,000.
c.
				Non-master-information-technology-agreement information technology devices or
				services from a TSB for purchases of less than the amount determined by the
				department of administrative services by rule, but not to exceed $25,000.
				Participating agencies shall search the TSB directory on the web and purchase
				directly from a TSB if it is reasonable and cost-effective to do so. A
				participating agency must confirm that the vendor is certified as a TSB by the
				department of inspections and appeals prior to making a purchase pursuant to
				this subrule.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.10 - Duration of Master Information Technology Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
The initial term of a master information technology agreement
				  shall be as determined by the office. Following the initial term, a master
				  information technology agreement may be extended or renewed by the office for a
				  number of periods and in durations as determined by the
				  office.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.11 - Duration of Information Technology Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
Each contract signed by the office or a participating agency
				  shall have a specific starting and ending date and may be structured in a
				  manner that includes an initial term and option(s) for renewal terms. The
				  initial term, renewal term, and total term may be of a duration as determined
				  by the office or participating agency making the purchase. Unless otherwise
				  authorized or permitted by the office, information technology contracts entered
				  into by the office or a participating agency shall not exceed ten years.
				  Information technology contracts should be assessed on a regular basis so the
				  enterprise obtains the best value for the funds spent; avoids inefficiencies,
				  waste or duplication; and is able to take advantage of new innovations, ideas,
				  and technologies.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.12 - Requirements Applicable to Competitive Selection Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of competitive
				selection.
a.
Opportunity
				posting.
The office and each participating agency shall provide public
				notice of solicitations by posting notice of every formal competitive selection
				opportunity to the official centralized procurement website operated by the
				department of administrative services. Alternatively, a participating agency
				may add a link to the centralized procurement website that connects to the
				website maintained by the agency on which requests for bids and proposals for
				that agency are posted. Informal competitive bidding opportunities and
				proposals may also be posted on or linked to the official state website
				operated by the department of administrative services.
b.
Other forms of notice.
In
				addition to the requirements and options set forth in paragraph 10.12(1) "a, "
				notice of competitive bidding opportunities and proposals may also be provided
				by print, telephone or fax, email or other electronic means, or by other means
				that give reasonable notice to vendors.
c.
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 reissued.
d.
Targeted small business
				notification.
Targeted small businesses shall be notified of all
				solicitations at least 48 hours prior to the general release of the notice of
				solicitation. The notice shall be distributed to the state of Iowa's 48-hour
				procurement notice website for posting.
e.
Vendor intent to
				participate.
In the event the office elects to conduct any procurement
				electronically or otherwise, it may require that vendors prequalify or
				otherwise indicate their intention to participate in the procurement
				process.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.13 - Performance Reviews and Suspension/debarment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Review of vendor
				performance.
The office, in cooperation with other governmental
				entities, may periodically review the performance of vendors. State agencies
				obtaining information technology from vendors are encouraged to document vendor
				performance throughout the duration of any contract and report any problems to
				the office as they are identified. Performance reviews shall be based on the
				specifications or service levels in the vendors' contract(s) or as set forth or
				identified in any applicable statement of work, order, or other applicable
				acquisition document. Performance reviews shall include but need not be limited
				to:
a. Compliance with applicable contract
				specifications or requirements;
b.
				On-time delivery; and
c. Accuracy
				of billing.
Performance reviews help determine whether vendors are
				  responsible bidders for future projects.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.14 - Additional Requirements and Authorizations to Information Technology Acquisitions and Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Information technology shall not be performed or obtained pursuant to a
				contract until all parties to the contract have signed a written contract. If
				an information technology contract requires the execution of orders or
				statements of work to effectuate individual transactions, information
				technology shall not be performed or obtained until the appropriate
				transactional document(s) is executed by both parties in a signed writing. A
				vendor that provides information technology to a governmental entity prior to
				the execution of a contract or appropriate transactional document shall not be
				entitled to any payment for the information technology.
(2) Except to the extent of any conflict or
				inconsistency with this chapter, all information technology service contracts
				shall, to the extent applicable, comply with the requirements of 11-Chapter
				119.
(3) The office and
				participating agencies may enter into a contract for information technology in
				which a contractual limitation of vendor liability is provided for as
				authorized by and in accordance with 11-Chapter 120.
(4) All information technology contracts
				shall comply with the requirements of 11-Chapter 121, which, among other
				requirements, requires state agencies entering into contracts to include a
				clause in every contract prohibiting employment discrimination and requiring
				compliance with applicable laws, rules, and executive orders governing equal
				opportunity in employment and affirmative action.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.15 - Confidential Information in a Solicitation Response

Current through Register Vol. 47, No. 3, July 24, 2024
Unless material submitted in response to a solicitation is
				  identified as proprietary or confidential by the vendor in accordance with Iowa
				  Code section
				  22.7, all
				  submissions by a vendor are public information. To facilitate a fair and
				  objective evaluation of proposals, submissions by vendors will not be released
				  to competitors or the public prior to issuance of the notice of intent to award
				  or final disposition of any vendor appeal taken in accordance with 129-Chapter
				  11, whichever occurs later. Aggrieved or adversely affected vendors may only
				  obtain proposals or other relevant evidence or information in furtherance of an
				  appeal pursuant to the disclosure/protective order processes setforth in
				  129-Chapter 11. If avendor's claim of confidentiality is challenged by a
				  competitor or through a request by a citizen to view the proposal, it is the
				  sole responsibility of the vendor to defend the claim of confidentiality in an
				  appropriate venue. State agencies will not release the subject material while
				  the matter is being adjudicated.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 11 - Vendor Appeals › Rule 129-11.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The office is
				required to institute procedures to ensure effective and efficient compliance
				with information technology standards established by the office, and to develop
				policies and procedures that apply to all information technology goods and
				services acquisitions and ensure the compliance of all participating agencies.
				In furtherance of that objective, these rules establish the process by which
				vendors may challenge the office's or participating agencies' administration of
				competitive selection processes, prequalification processes, or reverse auction
				processes administered by the office or participating agencies as authorized by
				the office. A vendor's failure to utilize this process shall be deemed a
				failure to exhaust administrative remedies.
(2) These rules shall not apply if a
				purchasing entity has adopted its own rules governing award or disqualification
				decisions of or by the purchasing entity that conflict with these rules.
				However, even if a purchasing entity has adopted its own vendor appeal rules,
				the purchasing entity may elect to follow these rules in the case of
				information technology goods and services acquisitions to the extent the
				purchasing entity has stated its intention to follow these rules in the
				competitive selection documents or other applicable solicitation
				documents.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 11 - Vendor Appeals › Rule 129-11.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in Iowa Code section
				  8B.1 and rule 129-
				  10.2(8B) shall apply to this chapter. In addition, the following definitions
				  shall also apply:
"Award,"
for purposes of this chapter, means
				  the selection of a vendor to receive a contract, master information technology
				  agreement, or order for information technology as the outcome of a competitive
				  selection process or reverse auction process, or decision to not prequalify or
				  remove a vendor from a prequalified list as part of a prequalification
				  process.
"Head of the purchasing entity"
means the
				  head of the purchasing entity or that person's designee.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 11 - Vendor Appeals › Rule 129-11.4 - Notice of Receipt of Appeal to Awardee and Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of likely appeal.
Following the purchasing entity's receipt of a timely notice of intent to
				appeal, the purchasing entity shall promptly give notice of the likely appeal
				to the awardee(s), if any.
(2)
Intervention.
The awardee(s) may intervene within five days of
				such notification by filing a notice of intent to intervene with the purchasing
				entity.
(3)
Initial
				disclosures
-
notice of appeal and public, redacted proposals
				and evaluation materials.
Following the purchasing entity's receipt of
				a timely formal notice of appeal in accordance with subrule 11.3(3), the
				purchasing entity will transmit to the intervenor(s) a public copy from which
				claimed confidential or proprietary information has been excised of the formal
				notice of appeal and the appellant's proposal and, to the extent applicable,
				evaluation committee materials, documentation, analysis, and results. Subject
				to agreement and consent by the awardee(s) to the entry of a protective order
				in accordance with the provisions of this chapter governing protective orders,
				the purchasing entity may provide unredacted copies of the formal notice of
				appeal to the intervenor(s). If the intervenor(s) does not agree to the entry
				of a protective order, the purchasing entity will only provide the awardee(s)
				with a public, redacted copy of the notice of appeal. Upon written request of
				the intervenor, the purchasing entity will provide a public copy from which
				claimed confidential or proprietary information has been excised of
				unsuccessful vendors' proposals. The intervenor(s) shall be entitled to no
				additional discovery, materials, or information unless and until the
				proceedings advance to a second-tier review.
(4)
Intervention.
Within
				five days of the appellant's receipt of the initial disclosures required by
				subrule 11.4(3), the intervenor(s) may submit a written justification defending
				the award, which written justification shall generally conform, to the extent
				applicable, to the filing, form and format, and content requirements, and be
				subject to the same public records requirements and limitations set forth in
				rule 129-11.3 (8B) applicable to notices of appeal.
Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 11 - Vendor Appeals › Rule 129-11.5 - First-tier Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Internal review.
Following the receipt of a notice of appeal
				in accordance with rule 129-11.3 (8B) and written justification or expiration
				of the period for intervention in accordance with rule 129-11.4 (8B), the
				purchasing entity shall conduct an internal review of the grounds upon which
				the vendor challenges the award and the facts and circumstances involved. The
				purchasing entity shall issue a brief written decision affirming, modifying, or
				reversing, in whole or in part, the award and order any relief as determined
				appropriate by the purchasing entity.
(2)
Consultation with
				office.
The office may consult with and assist other purchasing
				entities in conducting the review required by this rule.
(3)
Waiver.
a. An issue that is not raised in the
				original notice of appeal shall be deemed waived for purposes of any first-,
				second-, or third-tier review or judicial review proceeding or appeal
				therefrom. For the avoidance of doubt, such issues may not be raised for the
				first time at a second-tier review hearing.
b. If a competitive selection document or
				other solicitation document contains a request for clarification process, or
				other similar question and answer process, failure of a vendor to raise an
				issue (including but not limited to related to the bid specifications) that
				could have been raised as part of that process shall constitute a waiver of any
				objection or argument as part of any first-, second-, or third-tier review or
				judicial review; such waiver is intended to ensure that purchasing entities are
				able to correct material issues or errors with competitive selection documents
				or award processes as early as possible in an orderly and efficient fashion, in
				a manner that is fair to all prospective vendors, and in a manner that avoids
				costly and time-consuming litigation to purchasing entities and the
				state.