Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Acquisition"
or
"acquire"
is defined in the same manner as "procurement," "procure," or
				  "purchase."
"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.
"All or none "
means an award based on the
				  total for all items included in the solicitation.
"American-based business "
means an entity
				  that has its principal place of business in the United States of
				  America.
"American-made product"
means product(s)
				  produced or grown in the United States of America.
"American motor vehicles "
means those
				  vehicles manufactured in this state and those vehicles in which at least 70
				  percent of the value of the motor vehicle was manufactured in the United States
				  or Canada and at least 50 percent of the motor vehicle sales of the
				  manufacturer are in the United States or Canada.
"Award"
means the selection of a vendor to
				  receive a master agreement or order of a good or service.
"Bidspecification "
means the standards or
				  qualities which must be met before a contract to purchase will be awarded and
				  any terms which the director has set as a condition precedent to the awarding
				  of a contract.
"Board"
means the technology governance
				  board established by Iowa Code section
				  8A.204.
"Competent and qualified"
means an architect
				  or engineer who, at the sole discretion of the department, has the capability
				  in all respects to satisfactorily perform the scope of services required by the
				  proposed contract in a timely manner.
"Competitive bidding procedure "
means the
				  advertisement for, solicitation of, or the procurement of bids; the manner and
				  condition in which bids are received; and the procedure by which bids are
				  opened, accessed, evaluated, accepted, rejected or awarded. A "competitive
				  bidding procedure" refers to all types of competitive solicitation processes
				  referenced in this chapter and may include a transaction accomplished in an
				  electronic format.
"Competitive selection documents"
means
				  documents prepared for a competitive selection by a department or agency to
				  purchase goods and services. Competitive selection documents may include
				  requests for proposal, invitations to bid, or any other type of document a
				  department or agency is authorized to use that is designed to procure a good or
				  service for state government. A competitive selection document may be an
				  electronic document.
"Department"
means the department of
				  administrative services (DAS).
"Director "
means the director of the
				  department of administrative services or the director's designee.
"Emergency "
includes, but is not limited
				  to, a condition:
1. That threatens public health, welfare or safety; or
2. In which there is a need to protect the health, welfare or
				  safety of persons occupying or visiting a public improvement or property
				  located adjacent to the public improvement; or
3. In which the department or agency must act to preserve
				  critical services or programs; or
4. In which the need is a result of events or circumstances
				  not reasonably foreseeable.
"Emergencyprocurement"
means an acquisition
				  resulting from an emergency need.
"Enterprise "
means most or all state
				  agencies acting collectively, unless it is used in a manner such as
"state accounting enterprise," in which case it means the
				  specific unit of the department of administrative services.
"Fair and reasonable price "
means a price
				  that is commensurate with the extent and complexity of the services to be
				  provided and is comparable to the price paid by the department or other
				  entities for projects of similar scope and complexity.
"Formal competition "
means a competitive
				  selection process that employs a request for proposals or other means of
				  competitive selection authorized by applicable law and results in procurement
				  of a good or service.
"Good"
or
"goods"
means
				  products or personal property other than money that is tangible or movable at
				  the time of purchase, including specially manufactured goods. A contract for
				  goods is a contract in which the predominant factor, thrust, and purpose of the
				  contract as reasonably stated is for the acquisition of goods. When there is a
				  contract for both goods and services and the predominant factor, thrust, and
				  purpose of the contract as reasonably stated is for the acquisition of goods, a
				  contract for goods exists.
"Goods and services of general use"
means
				  goods and services that are not unique to an agency's program or that are
				  needed by more than one agency. This chapter applies to the purchase of goods
				  and services of general use.
"Governmental entity "
means any unit of
				  government in the executive, legislative, or judicial branch of government; an
				  agency or political subdivision; any unit of another state government,
				  including its political subdivisions; any unit of the United States government;
				  or any association or other organization whose membership consists primarily of
				  one or more of any of the foregoing.
"Informal competition "
means a streamlined
				  competitive selection process in which a department or agency makes an effort
				  to contact at least three prospective vendors identified by the department or
				  purchasing agency as qualified to perform the work described in the scope of
				  work to request that they provide bids or proposals for the delivery of the
				  goods or services the department or agency is seeking.
"Information technology device"
means
				  equipment or associated software, including programs, languages, procedures, or
				  associated documentation, used in operating the equipment which is designed for
				  utilizing information stored in an electronic format. "Information technology
				  device" includes but is not limited to computer systems, computer networks, and
				  equipment used for input, output, processing, storage, display, scanning, and
				  printing.
"Information technology services "
means
				  services designed to provide functions, maintenance, and support of information
				  technology devices, or services including but not limited to computer systems
				  application development and maintenance; systems integration and
				  interoperability; operating systems maintenance and design; computer systems
				  programming; computer systems software support; planning and security relating
				  to information technology devices; data management consultation; information
				  technology education and consulting; information technology planning and
				  standards; and establishment of local area network and workstation management
				  standards.
"Iowa-based business "
means an entity that
				  has its principal place of business in Iowa.
"Iowa product"
means a product(s) produced
				  or grown in Iowa.
"Life cycle cost"
means the expected total
				  cost of ownership during the life of a product, including disposal
				  costs.
"Limitedscope "
means only a few specific
				  services are required for a project. An example is a project for which all
				  existing conditions and parameters are clearly evident or defined in a request
				  for proposal, such as a project calling for development of specifications and
				  bidding documents for replacement of an existing boiler.
"Lowest responsible bidder"
means the
				  responsible bidder that is fully compliant with the requirements and terms of
				  the competitive selection document and that submits the lowest price(s) or
				  cost(s).
"Master agreement"
means a contract
				  competitively bid and entered into by the department which establishes prices,
				  terms, and conditions for the purchase of goods and services of general use.
				  These contracts may involve the needs of one or more state agencies. Agencies
				  may purchase from a master agreement without further competition. Master
				  agreements (also referred to as "master contracts") for a particular item or
				  class of items may be awarded to a single vendor or multiple vendors. The
				  department is the sole agency authorized to enter into master agreements for
				  goods and services of general use.
"Material modification "
relating to an
				  approved IT procurement means a change in the procurement of 10 percent or
				  $50,000, whichever is less, or a change of sufficient importance or relevance
				  so as to have possible significant influence on the outcome.
"Negotiatedcontract"
means a master
				  agreement for a procurement that meets the requirements of Iowa Code section
				  8A.207(4)
"b. "
"Newspaper of general circulation"
means a
				  newspaper meeting the definition set forth in Iowa Code section
				  618.3.
"Operational standards "
means information
				  technology standards established by the department according to Iowa Code
				  sections
				  8A.202 to
				  8A.207 that include
				  but are not limited to specifications, requirements, processes, or initiatives
				  that foster compatibility, interoperability, connectivity, and use of
				  information technology devices and services among agencies.
"Order "
means a direct purchase or a
				  purchase from a state contract or master agreement.
"Participating agency, "
applicable only to
				  information technology purchases, means any agency other than:
1. The state board of regents and institutions operated under
				  its authority;
2. The public broadcasting division of the department of
				  education;
3. The department of transportation's mobile radio
				  network;
4. The department of public safety law enforcement
				  communications systems and capital complex security systems in use for the
				  legislative branch;
5. The Iowa telecommunications and technology commission,
				  with respect to information technology that is unique to the Iowa
				  communications network;
6. The Iowa lottery authority; and
7. A judicial district department of correctional services
				  established pursuant to Iowa Code section
				  905.2.
"Printing "
means the reproduction of an
				  image from a printing surface made generally by a contact impression that
				  causes a transfer of ink, the reproduction of an impression by a photographic
				  process, or the reproduction of an image by electronic means and shall include
				  binding and may include material, processes, or operations necessary to produce
				  a finished printed product, but shall not include binding, rebinding or repairs
				  of books, journals, pamphlets, magazines and literary articles by a library of
				  the state or any of its offices, departments, boards, and commissions held as a
				  part of their library collection.
"Printing equipment"
means offset presses,
				  gravure presses, silk-screen equipment, large format ink jet printers, digital
				  printing/copying equipment, letterpress equipment, office copiers and bindery
				  equipment.
"Procurement, " "procure, "
or
"purchase "
means the acquisition of goods and services
				  through lease, lease/purchase, acceptance of, contracting for, obtaining title
				  to, use of, or any other manner or method for acquiring an interest in a good
				  or service.
"Procurement authority"
means an agency
				  authorized by statute to purchase goods and services.
"Purchasing card"
means a statewide
				  commercial credit card for electronic purchasing transactions by any agency,
				  department, division, bureau, enterprise, unit or other state entity to
				  facilitate the acquisition of goods, services and select travel
				  expenses.
"Responsible bidder "
means a vendor that
				  has the capability in all material respects to perform the contract
				  requirements. In determining whether a vendor is a responsible bidder, the
				  department may consider various factors including, but not limited to, the
				  vendor's competence and qualification for the type of good or service required,
				  the vendor's integrity and reliability, the past performance of the vendor
				  relative to the quality of the good or service, the past experience of the
				  department in relation to the vendor's performance, the relative quality of the
				  good or service, the proposed terms of delivery, and the best interest of the
				  state.
"Sealed"
means the submission of responses
				  to a solicitation in a form that prevents disclosure of the contents prior to a
				  date and time established by the department for opening the responses. Sealed
				  responses may be received electronically.
"Service "
or
"services "
means work performed for an agency or its clients by a service provider. A
				  contract for services is a procurement where the predominant factor, thrust,
				  and purpose of the contract as reasonably stated is for services. When there is
				  a mixed contract for goods and services, if the predominant factor, thrust, and
				  purpose of the contract as reasonably stated is for service, with goods
				  incidentally involved, a contract for services exists.
"Software "
means an ordered set of
				  instructions or statements that causes information technology devices to
				  process data and includes any program or set of programs, procedures, or
				  routines used to employ and control capabilities of computer hardware. As used
				  in these rules, "software" also includes, but is not limited to, an operating
				  system; compiler; assembler; utility; library resource; maintenance routine;
				  application; or a computer networking program's nonmechanized and nonphysical
				  components; arrangements; algorithms; procedures; programs; services; sequences
				  and routines utilized to support, guide, control, direct, or monitor
				  information technology equipment or applications; and "data processing
				  software" as defined in Iowa Code section
				  22.3A(1)
"e. "
"Sole source procurement"
means a purchase
				  of a good or service in which the department or agency selects a vendor without
				  engaging in a competitive selection process.
"Systems software"
means software designed
				  to support, guide, control, direct, or monitor information technology
				  equipment, other system software, mechanical and physical components,
				  arrangements, procedures, programs, services or routines.
"Targeted small business (TSB) "
means a
				  targeted small business as defined in Iowa Code section
				  15.102 that is
				  certified by the economic development authority pursuant to Iowa Code section
				  15.108
				  and as authorized by Iowa Code chapter 73.
"Upgrade"
means additional hardware or
				  software enhancements, extensions, features, options, or devices to support,
				  enhance, or extend the life or increase the usefulness of previously procured
				  information technology devices.
"Vendor"
means a person, firm, corporation,
				  partnership, business or other commercial entity that provides services or
				  offers goods for sale or lease.
"Vendor on-line system "
means a state
				  computer system that enables vendors to conduct business electronically with
				  the state through an Internet location on the World Wide Web.
"Web "
or
"website "
refers
				  to an Internet location on the World Wide Web that provides information,
				  communications, and the means to conduct business
				  electronically.