Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter, the following definitions
				  shall 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 Supplement 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.
"Competitive selection"
means a formal or
				  informal process engaged in by a state agency to compare provider
				  qualifications, terms, conditions, and prices of equal or similar services in
				  order to meet the objective of purchasing services based on quality,
				  performance, price, or any combination thereof. During a competitive selection
				  process, a state agency may weigh the relevant selection criteria in whatever
				  fashion it believes will enable it to select the service provider that submits
				  the best proposal. The lowest priced proposal is not necessarily the best
				  proposal.
"Duration "
means the specific length of a
				  service contract.
"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 state agency must act to preserve critical
				  services or programs or in which the need is a result of events or
				  circumstances not reasonably foreseeable.
"Emergency procurement"
means an acquisition
				  of a service or services resulting from an emergency need.
"Formal competition "
means a competitive
				  selection process that employs a request for proposal or other competitive
				  selection process authorized by applicable law resulting in a service
				  contract.
"Informal competition "
means a streamlined
				  competitive selection process in which a state agency makes an effort to
				  contact at least three prospective service providers identified by the
				  purchasing state agency as qualified to perform the work described in the scope
				  of work to provide bids or proposals to provide the services the state agency
				  is seeking.
"Intergovernmental agreement"
means an
				  agreement for services between a state agency and any other governmental entity
				  whether federal, state, or local and any department, division, unit or
				  subdivision thereof.
"Private agency "
or
"private
				  agencies "
means an individual or any form of business organization
				  authorized under the laws of this or any other state or under the laws of any
				  foreign jurisdiction.
"Selection documents "
means documents
				  prepared for a competitive selection by a state agency to purchase services.
				  Selection documents may include requests for proposal, invitations to bid,
				  invitations to bid with best value considerations, invitations to qualify,
				  requests for strategy, auctions, reverse auctions, negotiated selection, or any
				  other type of document a state agency is authorized to use that is designed to
				  advise service providers that a state agency is interested in procuring
				  services for state government.
"Service "
or
"services "
means work performed for a state agency or for its clients by a service
				  provider and includes, but is not limited to:
1. Professional or technical expertise provided by a
				  consultant, advisor or other technical or service provider to accomplish a
				  specific study, review, project, task, or other work as described in the scope
				  of work. By way of example and not by limitation, these services may include
				  the following: accounting services; aerial surveys; aerial mapping and seeding;
				  appraisal services; land surveying services; construction manager services;
				  analysis and assessment of processes, programs, fiscal impact, compliance,
				  systems and the like; auditing services; communications services; services of
				  peer reviewers, attorneys, financial advisors, and expert witnesses for
				  litigation; architectural services; information technology consulting services;
				  services of investment advisors and managers; marketing services; policy
				  development and recommendations; program development; public involvement
				  services and strategies; research services; scientific and related technical
				  services; software development and system design; and services of underwriters,
				  physicians, pharmacists, engineers, and architects; or
2. Services provided by a vendor to accomplish routine
				  functions. These services contribute to the day-to-day operations of state
				  government. By way of example and not by limitation, these services may include
				  the following: ambulance service; charter service; boiler testing; bookkeeping
				  service; building alarm systems service and repair; commercial laundry service;
				  communications systems installation, servicing and repair; court reporting and
				  transcription services; engraving service; equipment or machine installation,
				  preventive maintenance, inspection, calibration and repair; heating,
				  ventilation and air conditioning (HVAC) system maintenance service; janitorial
				  service; painting; pest and weed control service; grounds maintenance, mowing,
				  parking lot sweeping and snow removal service; towing service; translation
				  services; and travel service.
"Service contract"
means a contract for a
				  service or services when the predominant factor, thrust, and purpose of the
				  contract as reasonably stated is for the provision or rendering of services.
				  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
				  provision or rendering of services with goods incidentally involved, a service
				  contract exists and these rules apply. "Service contract" includes grants when
				  the predominant factor, thrust, and purpose of the contract formalizing the
				  grant is for the provision or rendering of services.
"Service provider "
means a vendor that
				  enters into a service contract with a state agency.
"Sole source procurement"
means a purchase
				  of services in which the state agency selects a service provider without
				  engaging in a competitive selection process.