reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.15 - Thresholds for Delegating Procurement Authority

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Agency direct purchasing-basic
				level.
An agency may procure non-master agreement goods costing not
				greater than $15,000 without competition.
(2)
Agency direct purchasing-advanced
				level.
An agency may procure non-master agreement goods up to $50,000
				per transaction in a competitive manner using either informal or formal
				competition provided the agency personnel engaged in the purchase of goods have
				completed enhanced procurement training established by the director or
				designee. If an informal process is chosen, the agency shall follow the process
				described in the definition of "informal competition" in rule
				11-117.2 (8A). The agency shall
				document the quotes, or circumstances resulting in fewer than three quotes, in
				an electronic file attached to the order or in another format.
(3)
Preference to targeted small
				businesses.
Agencies shall search the TSB directory on the Iowa
				economic development authority's website and may purchase a good or service
				directly from the TSB source if the cost is equal to or less than the spending
				limit set forth in paragraph 117.5(2)
"a."
Agencies shall
				comply with the TSB notification requirements in subrule 117.8(2).
(4)
Misuse of agency
				authority.
a. Purchasing authority
				delegated to agencies shall not be used to avoid the use of master agreements.
				The agency shall not break purchasing into smaller increments for the purpose
				of avoiding threshold requirements in subrule 117.5(2), 117.15(1) or
				117.15(2).
b. As a remedy, the
				department may recover administrative fees appropriate to the improper
				execution of procurement.
c. This
				rule is not intended to prohibit agencies from aggressively seeking competitive
				prices. Agencies may purchase outside of master agreements under subrule
				117.4(1).
d. The department may
				rescind delegated authority of an agency that misuses its authority or uses the
				authority to procure goods or services already available on a master
				agreement.
e. This rule does not
				prohibit agencies from dividing procurements into contract award units of
				economically feasible production runs to facilitate offers or bids from
				targeted small businesses consistent with subrule 117.5(2) and Iowa Code
				section
				73.17(1).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.16 - Printing

Current through Register Vol. 47, No. 3, July 24, 2024
This rule provides guidelines for the letting of contracts
				  for public printing by the department and by state agencies, including the
				  enforcement by the department of contracts for printing, except as otherwise
				  provided by law.
(1)
Competitive selection for printing.
The department and state
				agencies shall procure printing by competitive selection according to the rules
				of this chapter except when the printing is produced by state printing,
				pursuant to rule
				11-102.4 (8A) or
				the procurement is otherwise exempt from competitive selection pursuant to rule
				11-117.5
				(8A). When an agency elects to purchase printing by competitive selection
				rather than using the services of state printing or a TSB, state printing and
				TSBs shall be part of the bidding process.
(2)
Specifications for
				printing.
a.
Preparation of
				written specifications.
The department or a state agency shall procure
				printing by preparing a competitive selection document with written
				specifications and issue the same to bidders. The bid specifications shall
				become a part of the printing contract.
b.
Inspection of
				specifications.
All specifications shall be held on file in the
				department's printing division office or the office of the state agency
				conducting the solicitation and shall be available for inspection by
				prospective bidders.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.17 - Vendor Registration and Approval

Current through Register Vol. 47, No. 3, July 24, 2024
Every vendor wishing to do business with the state shall
				  register as a vendor. Every vendor shall register prior to submitting a
				  response to a solicitation except in the case of an emergency procurement when
				  the vendor shall register prior to filling an order or as soon as practicable.
				  Only properly registered vendors are entitled to payment.
(1)
Vendor on-line
				registration.
Vendors are encouraged to register electronically using
				the vendor on-line system. Vendors that are registered on the vendor on-line
				system are eligible for all services at the site, including receiving
				electronic notices of solicitations and submitting an electronic response to a
				solicitation.
Information from vendors completing registration through the
				  vendor on-line system shall be protected through the use of uniquely
				  identifying information known only to the department and the vendor to confirm
				  the identity of the vendor for all subsequent actions, including responses to
				  solicitations.
The department may take action to restrict or deny use of the
				  vendor on-line system in response to inappropriate use of the site. The
				  department may edit or delete a vendor's posting on the vendor bulletin board
				  if the posting is not appropriate to the business of state purchasing.
(2)
Alternate vendor
				registration.
A vendor may register by directly contacting the
				department or an agency initiating a procurement.
(3)
Vendor registration information
				maintenance.
Vendors are responsible for maintaining current and
				accurate registration information. If registered on the vendor on-line system,
				the vendor shall update the vendor's account whenever information changes. If
				registered in an alternate manner, the vendor is responsible for notifying the
				department or agency of any change in information. This information includes,
				but is not limited to, company name or type, payment address, procurement
				address and other contact information.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.18 - Vendor Performance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Review of vendor performance.
The department, in cooperation
				with agencies, shall periodically, but at least directly prior to renewal of a
				master agreement, review the performance of vendors. Agencies are encouraged to
				document vendor performance throughout the duration of the contract and report
				any problems to the department as they are identified. Performance reviews
				shall be based on the specifications of the master agreement or order, and
				shall include, but need not be limited to:
1.
				Compliance with the specifications,
2. On-time delivery, and
3. Accuracy of billing.
This review will help determine whether the vendor is a
				  responsible bidder for future projects.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 117 - Procurement of Goods and Services of General Use › Rule 11-117.21 - Waiver Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
For the purpose of this chapter, a "waiver" means
				an action by the director that suspends, in whole or in part, the requirements
				or provisions of a rule in this chapter as applied to a state agency when the
				state agency establishes good cause for a waiver of the rule.
(2)
Requests for waivers.
A
				state agency seeking a waiver shall submit a written request for a waiver to
				the director. The written request shall identify the rule for which the state
				agency seeks a waiver or the contract or class of contracts for which the state
				agency seeks a waiver and the reasons that the state agency believes justify
				the granting of the waiver.
(3)
Criteria for waiver.
In response to a request for a waiver
				submitted by a state agency, the director may issue an order waiving in whole
				or in part the requirements of a rule in this chapter if the director finds
				that the state agency has established good cause for the waiving of the
				requirements of the rule. "Good cause" includes, but is not limited to, the
				following:
(1) the desired good or service is
				available from one source only,
(2)
				the time frame required is such that an expedient purchase is in the best
				interest of the agency, or
(3) a
				showing that a requirement or provision of a rule should be waived because the
				requirement or provision would likely result in an unintended, undesirable, or
				adverse consequence or outcome. An example of good cause for a waiver is when a
				contract duration period of longer than six years is more economically or
				operationally feasible than a six-year contract in light of the service being
				purchased by the state agency.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.1 - Authority and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter is adopted for the purpose of establishing a
				  system of uniform standards for purchasing services in state government. The
				  department of administrative services has adopted these uniform standards in
				  cooperation with other state agencies.
The rules address when state agencies must use competitive
				  selection to purchase services and when it is acceptable to use a sole source
				  or emergency procurement instead of a competitive selection process. The rules
				  provide a mechanism that allows state agencies to use an informal competitive
				  process for purchases of services when the estimated annual value of the
				  contract is less than $50,000 and when the estimated value of the multiyear
				  contract in the aggregate, including renewals, is less than $150,000. The rules
				  also include guidance to state agencies about additional requirements and
				  procedures they should follow when purchasing services.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.2 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter shall apply to all state agencies purchasing
				  services unless otherwise provided by law.
(1) When a state agency that is also a
				"participating agency" as defined by rule
				11-117.2 (8A) intends
				to procure "information technology services" as defined by rule
				11-117.2 (8A), the
				provisions of rule
				11-117.11
				(8A) shall also apply to procurement of the services.
(2) When a state agency that is subject to
				the applicability requirements of rule
				11-117.1 (8A)
				intends to procure "services of general use" as defined by rule
				11-117.2 (8A), the
				provisions of 11-Chapter 117 shall apply to the procurement.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.4 - Intergovernmental Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
In the event another governmental entity has resources
				  available to supply a service sought by a state agency, the state agency may
				  enter into an intergovernmental agreement with the other governmental entity
				  and is not required to use competitive selection.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.5 - Use of Competitive Selection

Current through Register Vol. 47, No. 3, July 24, 2024
State agencies may procure non-master agreement services from
				  private entities without competition when the estimated value does not exceed
				  $15,000. Agencies shall use competitive selection to acquire services from
				  private entities when the estimated value of the service contract is greater
				  than $15,000 unless there is adequate justification for a sole source
				  procurement pursuant to rule
				  11-118.7 (8A) or emergency
				  procurement pursuant to rule
				  11-118.8 (8A) or unless awarded
				  to a targeted small business pursuant to 11-paragraph
				  117.5(2)
"a"
or procured pursuant to another exception to
				  competitive selection under another provision of law.
(1) When the estimated annual value of the
				service contract is greater than $50,000 or the estimated value of the
				multiyear service contract in the aggregate, including any renewals, exceeds
				$150,000, a state agency shall use a formal competitive selection process to
				procure the service.
(2) When the
				estimated annual value of the service contract is greater than $15,000 and not
				greater than $50,000 and the estimated value of the multiyear service contract
				in the aggregate, including any renewals, does not exceed $150,000, a state
				agency, in its sole discretion, shall use either a formal or informal
				competitive selection process to engage a service provider.
(3) The requirement to use competitive
				selection to select a service provider when the estimated value of the service
				contract is greater than $ 15,000 applies even when the state agency purchases
				services from a private entity and designates the contract it enters into with
				the private entity as a 28E agreement.
(4) When the estimated value of an
				architectural services contract, an engineering services contract, or both is
				greater than the competitive bid threshold listed in Iowa Code section
				314.1B(2), the department shall use a formal competitive selection process to
				procure the architectural service, the engineering service, or both.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.7 - Sole Source Procurements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When justified.
A sole source procurement shall be avoided
				unless clearly necessary and justifiable. A state agency may purchase services
				using a sole source procurement under the following circumstances:
a. A state agency determines that one service
				provider is the only one qualified or eligible or is quite obviously the most
				qualified or eligible to perform the service; or
b. The services being purchased involve work
				that is of such a specialized nature or related to a specific geographic
				location that only a single source, by virtue of experience, expertise,
				proximity to the project, or ownership of intellectual property rights, could
				most satisfactorily provide the service; or
c. A state agency is hiring a service
				provider to provide peer review services for a professional licensing board
				pursuant to Iowa Code chapter 272C; or
d. A state agency is hiring the services of
				experts, advisors, counsel or consultants to assist in any type of legal
				proceeding including but not limited to testifying or assisting in the
				preparation of quasi-judicial or judicial proceedings; or
e. The federal government or other provider
				of funds for the services being purchased (other than the state of Iowa) has
				imposed clear and specific restrictions on the state agency's use of the funds
				in a way that restricts the state agency to only one service provider;
				or
f. Applicable law requires,
				provides for, or permits use of a sole source procurement; or
g. The procurement is an information service
				that is systems software or an upgrade, or compatibility is the overriding
				consideration, or the procurement would prevent voidance or termination of a
				warranty, or the procurement would prevent default under a contract or other
				obligation.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.8 - Emergency Procurements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When justified.
An emergency procurement shall be limited in
				scope and duration to meet the emergency. When considering the scope and
				duration ofan emergency procurement, the state agency may consider price and
				availability of the service procured so that the state agency obtains the best
				value for the funds spent under the circumstances. State agencies should
				attempt to acquire services with as much competition as practicable under the
				circumstances.
(2)
Special
				procedures required for emergency procurements.
a. The head of a state agency shall sign all
				emergency contracts and amendments regardless of value or length of term. If
				the head of a state agency is not available, a designee may sign an emergency
				contract or amendment. Use of an emergency procurement does not relieve a state
				agency from negotiating a fair and reasonable price and documenting the
				procurement action.
b. When the
				value of the service contract exceeds $15,000, a state agency shall be required
				to complete an emergency justification form. The head of the state agency or
				designee shall sign the emergency justification form.
c. If an emergency procurement results in the
				extension of an existing contract that contains performance criteria, the
				contract extension shall comply with rule
				11-119.4 (8,8A) or
				11-119.5(8,8A).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.9 - Informal Competitive Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When utilizing an informal competition as
				defined in rule
				11-118.3 (8A), the
				state agency may contact the prospective service providers in person, by
				telephone, fax, E-mail or letter. When the state agency is not able to locate
				three prospective service providers, the state agency must justify contacting
				fewer than three service providers. The justification shall be included in the
				contract file.
(2) A state agency
				may send copies of the scope of work to service providers that it has
				identified as qualified to perform the work described in the scope of
				work.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.11 - Duration of Service Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Each service contract signed by a state agency shall have a specific starting
				and ending date.
(2) State agencies
				shall not sign self-renewing service contracts that do not have a specific
				ending date.
(3) A service contract
				should be competitively selected on a regular basis so that a state agency
				obtains the best value for the funds spent; avoids inefficiencies, waste or
				duplication; and may take advantage of new innovations, ideas and technology. A
				service contract, including all optional renewals, shall not exceed a term of
				six years; however, information technology service contracts entered into by
				the department or office of chief information officer may have a term length
				not to exceed ten years. Service contracts shall not exceed the term lengths
				set forth herein unless the state agency obtains a waiver of this provision
				pursuant to rule 11-118.16(8A).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.12 - Additional Procedures or Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) State agencies, when utilizing formal
				competition, shall provide a 48-hour notice of each procurement for services to
				the targeted small business portal located at the Iowa economic development
				authority's website in conformance with Iowa Code section
				73.16(2).
(2) Except in an emergency procurement,
				services shall not be performed pursuant to a service contract for a state
				agency until all parties to the contract have signed the contract.
(3) At the conclusion of the competitive
				selection process, all service providers shall be required to sign a service
				contract.
(4) Each state agency
				shall maintain a contracting file for each service contract signed by the state
				agency.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.15 - Exclusions and Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) These
				rules do not apply to contracts for both goods and services when the
				predominant factor, thrust, and purpose of the contract as reasonably stated is
				for the purchase of goods with service incidentally involved. However, in no
				event shall state agencies designate contracts as contracts for goods to avoid
				the application of these rules.
(2)
				Nothing in this chapter is intended to supplant or supersede the requirements
				adopted by the department relating to the processing of claims. State agencies
				entering into personal services contracts should refer to procedure 240.102,
				Miscellaneous-Services Contracting, of the department's state accounting
				enterprise policy and procedure manual.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.16 - Waiver Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For the
				purpose of this chapter, a "waiver" means an action by the director of the
				department that suspends, in whole or in part, the requirements or provisions
				of a rule in this chapter as applied to a state agency when the state agency
				establishes good cause for a waiver of the rule.
(2) Requests for waivers. A state agency
				seeking a waiver shall submit a written request for a waiver to the director.
				The written request shall identify the rule for which the state agency seeks a
				waiver, the contract or class of contracts for which the state agency seeks a
				waiver, and the reasons that the state agency believes justify granting the
				waiver.
(3) Criteria for waiver. In
				response to a request for a waiver submitted by a state agency, the director
				may issue an order waiving in whole or in part the requirements of a rule in
				this chapter if the director finds that the state agency has established good
				cause for waiving the requirements of the rule. "Good cause" includes, but is
				not limited to, a showing that a requirement or provision of a rule should be
				waived because the requirement or provision would likely result in an
				unintended, undesirable, or adverse consequence or outcome. An example of good
				cause for a waiver is when a contract duration period of longer than six years
				is more economically or operationally feasible than a six-year contract in
				light of the service being purchased by the state agency.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 119 - Uniform Terms and Conditions for Service Contracts › Rule 11-119.1 - Authority and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
In accordance with Iowa Code section
				  8.47, this
				  chapter is adopted to provide uniform terms and conditions for departments and
				  establishments to use in service contracts and to provide a mechanism for
				  departments and establishments to seek approval to use in their service
				  contracts special terms and conditions that are not included in this chapter.
				  The terms and conditions generally require departments and establishments to
				  include performance criteria when executing service contracts. Iowa Code
				  section
				  8.47, which is
				  part of the accountable government Act relating to service contracts, and these
				  rules utilize the definition of "department and establishment" that is found in
				  Iowa Code chapter 8.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 119 - Uniform Terms and Conditions for Service Contracts › Rule 11-119.5 - Special Terms and Conditions

Current through Register Vol. 47, No. 3, July 24, 2024
Rule
				  11-119.4 (8,8A) does not apply
				  to service contracts containing special terms and conditions adopted by a
				  department or establishment for use in its service contracts with the approval
				  of the department of management, in cooperation with the office of the attorney
				  general and the department of administrative services as provided for in Iowa
				  Code section
				  8.47(2).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 119 - Uniform Terms and Conditions for Service Contracts › Rule 11-119.6 - Exclusions and Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) These
				rules do not apply to contracts for both goods and services when the
				predominant factor, thrust and purpose of the contract as reasonably stated is
				for the purchase of goods with service incidentally involved. However, in no
				event shall departments and establishments designate contracts as contracts for
				goods to avoid the application of these rules.
(2) These rules do not apply to service
				contracts utilizing funds that are required to match federal aid allotted to
				the state by the federal government for highway special purposes.
(3) These rules do not apply to service
				contracts entered into as the result of an emergency procurement in accordance
				with
				11-118.8
				(8A), unless the emergency procurement results in the extension of an existing
				contract that contains performance criteria.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 120 - Contractual Limitation of Vendor Liability Provisions › Rule 11-120.1 - Authority and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				  8A.311(21),
				  these rules provide for authorizing information technology procurements
				  containing a contractual limitation of vendor liability as provided for and set
				  forth in the documents initiating the procurement. The department of
				  administrative services adopted these rules in cooperation with the department
				  of management.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 120 - Contractual Limitation of Vendor Liability Provisions › Rule 11-120.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to information technology procurements
				  conducted by the department, including information technology procurements the
				  department conducts on behalf of another state agency. When the department is
				  conducting an information technology procurement on behalf of another state
				  agency and the procurement exposes the state to risks for which the contractual
				  limitation of vendor liability outlined in rule
				  11-120.5
				  (8A) is not appropriate, the agency head of the other state agency shall make
				  the decisions regarding contractual limitation of vendor liability outlined in
				  subrule 120.4(2). This chapter does not apply to procurements conducted by
				  another state agency on its own behalf.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 120 - Contractual Limitation of Vendor Liability Provisions › Rule 11-120.4 - 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 VI - Central Procurement › Chapter 120 - Contractual Limitation of Vendor Liability Provisions › Rule 11-120.5 - 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 120.5(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 VI - Central Procurement › Chapter 120 - Contractual Limitation of Vendor Liability Provisions › Rule 11-120.6 - 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
				11-120.4
				(8A) and
				11-120.5
				(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
				11-120.4
				(8A) and
				11-120.5
				(8A).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 120 - Contractual Limitation of Vendor Liability Provisions › Rule 11-120.7 - 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 VI - Central Procurement › Chapter 121 - Contract Compliance › Rule 11-121.1 - Policy

Current through Register Vol. 47, No. 3, July 24, 2024
It is the policy of the state of Iowa to promote equal
				  opportunity in all state contracts and services and to provide leadership in
				  affirmative action to ensure fair and equitable participation within all
				  programs receiving or benefiting from state financial assistance in whole or in
				  part. Therefore, no individual, except as specifically authorized by law, shall
				  be excluded from participation in, denied the benefits of, subjected to
				  discrimination under, or denied employment in connection with any program
				  receiving or benefiting from state financial assistance because of race, creed,
				  color, religion, sex, national origin, age, or physical or mental disability as
				  authorized by rule.
(1)
Nondiscrimination in employment by contractors and
				subcontractors.
a. Every official
				who is authorized to enter into contracts or subcontracts for public works or
				for goods or services shall cause to be inserted into every contract or
				subcontract a clause prohibiting the contractor or subcontractor from engaging
				in discriminatory employment practices forbidden by federal and state law,
				executive orders and rules of the department of administrative services, which
				pertain to equal employment opportunity and affirmative action.
b. Every state official who is responsible to
				the governor and who is authorized to enter into contracts or subcontracts for
				public works or for goods or services shall cause to be inserted into every
				contract a clause which states that the contractor or subcontractor may be
				required to have on file a copy of the affirmative action program, containing
				goals and time specifications. These contractual provisions shall be fully
				enforced. Any breach of the provisions shall be regarded as a material breach
				of contract.
c. Each state contract
				shall provide that compliance with the provisions of Iowa Code section
				19B.7
				and all applicable rules of the department of administrative services prior to
				the execution of the contract shall be a condition of the contract or agreement
				binding upon the contractor or service provider, its successors, and assignees.
				The contract shall further provide that failure to fulfill the
				nondiscrimination requirements of this contract or any of the rules and orders
				may cause the contract to be canceled, terminated, or suspended in whole or in
				part, and the contractor or service provider may be declared ineligible for
				future state contracts in accordance with authorized procedure or the
				contractor may be subject to other sanctions as provided by law or
				rule.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 1 - Introduction, Abbreviations and Definitions › Rule 17-1.1 - Authority and Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The rules of the Iowa department on aging are based on the
				authority of Iowa Code chapters 231, 231E, 235B and 249H. These rules prescribe
				requirements:
1. That agencies shall
			 meet to receive grants under the Older Americans Act and other funds
			 administered through the Iowa department on aging;
2. For planning, administration and service
			 delivery for the department as well as the area agencies on aging;
3. Of the department's fiscal
			 policy;
4. To request waivers from
			 administrative rules;
5. For
			 monitoring, complaint investigation and penalties for programs under the
			 department's jurisdiction; and
6.
			 For operation, administration and planning of the long-term care resident's
			 advocate/ ombudsman office and other entities under the department's purview
			 which assist in ensuring quality care and protection of Iowa's older
			 individuals.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 1 - Introduction, Abbreviations and Definitions › Rule 17-1.2 - Other Regulations and Order of Precedence

Current through Register Vol. 47, No. 3, July 24, 2024
These agency rules are based on the following federal and state
				regulations that are listed in the order of precedence which shall prevail in
				the event of conflicting or inconsistent requirements:
1. Older Americans Act of 1965.
2. Code of Federal Regulations, 5 CFR 900,
			 Subpart F, August 14, 1979; 7 CFR 250, January 9, 1985; 28 CFR 89, March
			 2,1976; 45 CFR Parts: 74, June 7,1981; 80, December 4, 1964; 81, November 7,
			 1971; 84, May 4, 1977; 90, June 12, 1979; and 1321, April 1, 1985.
3. Federal Administration on Aging policy
			 issuances and administration on aging program instructions.
4. Iowa Code chapter 231 and other Iowa Code
			 chapters as given in
			 17-1.1
			 (231) and other chapters as determined by the Iowa legislature.
5. Administrative rules published in the Iowa
			 Administrative Code, promulgated under agency number 17.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 1 - Introduction, Abbreviations and Definitions › Rule 17-1.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The rules set forth in the chapters under the jurisdiction of
				the department on aging apply to all grants awarded to any recipient through
				the department and to any entities regulated by the department. Compliance with
				these rules shall be mandatory, unless a waiver is granted in accordance with
				the procedure in 17 lAC 11.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 1 - Introduction, Abbreviations and Definitions › Rule 17-1.4 - Abbreviations

Current through Register Vol. 47, No. 3, July 24, 2024
Abbreviations used in rules under agency number 17 are as given
				below unless defined and used differently in various chapters under the
				department's jurisdiction:
"AAA " means Area Agency on Aging, singular or plural dependent
				on context.
"AOA " means the Administration on Aging, the federal agency
				established to administer the provisions of the Act.
"CFR " means the Code of Federal Regulations.
"CMPFE" means the case management program for the frail elderly
				as provided in Iowa Code section
				231.23
				A.
"DIA " means the department of inspections and appeals
				established in Iowa Code chapter 10A.
"IADL " means instrumental activities of daily living.
"IDA " means the Iowa department on aging established in Iowa
				Code chapter 231.
"NAPIS" means the National Aging Program Information System,
				the data collection and assimilating process used for preparation of the annual
				uniform state performance report under the OAA.
"OAA " means the Older Americans Act.
"RDA/AI" means recommended daily allowances/adequate intakes
				for purposes of nutrition standards.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 2 - Department on Aging › Rule 17-2.1 - Mission Statement

Current through Register Vol. 47, No. 3, July 24, 2024
The mission of the department on aging is to develop a
				comprehensive, coordinated and cost-effective system of long-term living and
				community support services that help individuals maintain health and
				independence in their homes and communities.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 2 - Department on Aging › Rule 17-2.3 - Department Established

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authority.
The Iowa department on aging is established by Iowa
			 Code chapter 231 and is the sole state agency responsible for administration of
			 the federal Act.
(2)
Contact information.
General correspondence, inquiries,
			 requests for information or assistance, complaints, or petitions may be sent to
			 or obtained from the following sources:
a. By
			 mail addressed to: Director, Iowa Department on Aging, Jessie Parker Building,
			 510 East 12th Street, Suite 2, Des Moines, Iowa 50319;
b. By telephone at (515)725-3333 or
			 1-800-532-3213; or
c. From the Web
			 site at
www.iowaaging.gov
.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 2 - Department on Aging › Rule 17-2.5 - Organizational Units of the Department

Current through Register Vol. 47, No. 3, July 24, 2024
The department's activities are performed by employees within
				the office of the director and two divisions. Grants will be managed by the
				appropriate division, dependent upon the source and intended use of
				funds.
(1)
Office of the
			 director.
The office of the director may be comprised of the director,
			 the assistant director, the state long-term care ombudsman, the policy
			 coordinator, the public information officer, and other personnel. This office
			 is responsible for the overall planning, policy, management and operations of
			 the department.
(2)
Division of programs, planning, and administration.
The
			 responsibilities of the division of programs, planning, and administration
			 include the development and operation of home- and community-based programs,
			 development of program and operational budgets, providing leadership and
			 direction for the integration of policy development, ensuring that policies are
			 consistent with department goals and results, and accounting and administrative
			 control of appropriation expenditures.
(3)
Office of the state long-term
			 care ombudsman.
The responsibilities of the state long-term care
			 ombudsman include development, administration, and operation of the program and
			 allocated budget to provide advocacy for individuals residing in long-term
			 care.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 2 - Department on Aging › Rule 17-2.9 - Department Complaint and Appeal Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Aggrieved party
			 identified.
An aggrieved party is any agency, organization, or
			 individual that alleges that the party's rights have been denied or that
			 services provided were not in compliance with regulations or were substandard
			 because of an action of the department, the commission on aging, an AAA, an AAA
			 subcontractor, or a Senior Community Service Employment Program (SCSEP)
			 subgrantee.
(2)
Complaints
			 or appeals to the department from the AAA or SCSEP subgrantee level.
a. Except in cases where an AAA is acting in
			 its capacity as a Medicaid provider, complaints at the AAA or SCSEP subgrantee
			 level by any aggrieved party shall be heard first by the AAA or SCSEP
			 subgrantee using the AAA's or SCSEP subgrantee's procedures.
b. Local complaint procedures of an AAA or
			 AAA subcontractor or SCSEP subgrantee shall be exhausted before the department
			 on aging is contacted.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 2 - Department on Aging › Rule 17-2.10 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
Should any rule, subrule, paragraph, phrase, sentence or clause
				of this chapter be declared invalid or unconstitutional for any reason, the
				remainder of this chapter shall not be affected thereby.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 3 - Commission on Aging › Rule 17-3.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Commission "
means the commission on
				aging.
"Federal Act"
means the Older Americans Act of
				1965,
				42 U.S.C.
				3001 et seq., as amended.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 3 - Commission on Aging › Rule 17-3.3 - Organization of the Commission and Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commission shall hold at least four
			 meetings annually and by the call of the chairperson.
(2) The commission shall consist of 11
			 members. Voting members are the 7 members appointed by the governor in
			 accordance with Iowa Code section
			 231.11.
			 Nonvoting members are the 4 members appointed by the general assembly in
			 accordance with Iowa Code section
			 231.11.
(3) Four voting members of the commission
			 constitute a quorum.
(4) The
			 meeting agenda shall be given at least ten calendar days before the commission
			 meeting.
(5) The commission shall
			 be governed in accordance with Iowa Code chapter 21, and the commission's
			 proceedings shall be conducted in accordance with Robert's Rules of Order,
			 Revised.
(6) The chairperson may
			 call an emergency meeting with less than ten days' notice in accordance with
			 Iowa Code section
			 21.4.
(7) All meetings shall be open to the public
			 unless an open meeting is properly closed pursuant to Iowa Code section
			 21.5.
(8) Dates and locations of commission
			 meetings may be obtained from the department's Web site at
www.aging.iowa.gov
or directly from the
			 department by calling (515)725-3333.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 3 - Commission on Aging › Rule 17-3.4 - Commission Duties and Authority

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to carrying out the duties outlined in Iowa Code
				Supplement section
				231.14,
				the commission shall:
1. Serve in a
			 judicial capacity relative to procedures developed by the department;
2. Review annually and approve an affirmative
			 action plan for the department; and
3. Require area agencies on aging to follow
			 procedures established by the department to implement commission
			 policy.
Iowa Administrative Code › Agency 17 - Aging, Department On › Chapter 4 - Department Planning Responsibilities › Rule 17-4.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Words and phrases as used in this chapter are as defined in
				17-Chapter 1 unless the context indicates otherwise. The following definitions
				also apply to this chapter:
"Days"
means calendar days unless otherwise
				indicated. If a term refers to a date on which a document or response is due to
				the department and the due date occurs on a holiday or weekend, then the due
				date shall be the next business day.
"Entity"
means any public or private nonprofit
				agency or organization or a unit of general purpose local government.
"Indian "
means a person who is a member of an
				Indian tribal organization or recognized as eligible for the special programs
				and services provided by the United States to Indians because of their status
				as Indians.
"Indian tribal organization "
means the
				recognized governing body of any Indian tribe; or any legally established
				organization of Indians which is controlled, sanctioned, or chartered by such
				governing body or which is democratically elected by the adult members of the
				Indian community to be served by such organization and which includes the
				maximum participation of Indians in all phases of its activities.
"State plan on aging "
means a document
				developed in accordance with the Older Americans Act that is submitted to the
				Administration on Aging every two, three or four years, with updates as
				necessary, in order to receive Older Americans Act grants.
"Unit of general purpose local government"
means either (1) the government of a county, municipality, township,
				metropolitan area, or region within the state recognized for areawide planning
				that functions as a political subdivision of the state whose authority is
				general and not limited to only one function or combination of related
				functions and has a population of 100,000 or more, or (2) an Indian tribal
				organization.