Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.2 - 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:
"Acquisition"
or
"acquire"
means the same as "procurement," "procure," or "purchase.
"Acquisition document"
or
"procurement document"
means any document or instrument that
				  effectuates an acquisition of information technology, including but not limited
				  to a contract, agreement, purchase order, statement of work, bill of sale,
				  invoice, or other similar document.
"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.
"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.
"Award"
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.
"Chief information officer"
or
"CIO"
means the state chief information officer or the state
				  chief information officer's designee.
"Competitive bidding procedure"
or
"competitive selection process"
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" or
				  "competitive selection process" includes but is not limited to a reverse
				  auction as permitted by subrule 10.3(4), any competitive selection process
				  outlined in 11-Chapter 118, or any prequalification process or subsequent
				  solicitation outlined in subrule 10.5(6). When used to refer to a competitive
				  selection process administered by another governmental entity, a "competitive
				  bidding procedure" or "competitive selection process" includes any competitive
				  bidding procedure or competitive selection process the other governmental
				  entity is authorized to use pursuant to its laws, rules, and
				  regulations.
"Competitive selection documents"
means
				  documents prepared and issued that solicit information technology to be
				  purchased through a competitive selection process. A competitive selection
				  document may be an electronic document.
"Contract let by another governmental
				  entity"
means either:
1. A contract entered into by another governmental entity
				  under which the office may order information technology on its own behalf or on
				  the behalf of a participating agency or other governmental entity, or approve a
				  participating agency's or other governmental entity's request to procure
				  information technology in the same manner; or
2. A contract entered into by another governmental entity as
				  the outcome of a competitive selection process conducted by that other
				  governmental entity which contract the office, or a participating agency or
				  other governmental entity as authorized by the office, may leverage by entering
				  into a separate contract for the purchase of information technology based
				  thereon (also referred to as a "leveraged contract"), other than a contract
				  entered into by the state board of regents or an institution under the control
				  of the state board of regents. When the leveraged contract is the result of a
				  competitive process administered by another governmental entity, such process
				  may serve as a substitute for or in lieu of the office, or a participating
				  agency or other governmental entity as authorized by the office, administering
				  its own competitive selection process.
"Emergency"
includes, but is not limited to,
				  a condition:
1. That threatens public health, welfare or safety;
2. In which immediate action must be taken to preserve
				  critical services or programs;
3. That compromises the security of information systems or
				  lifeline critical infrastructure, or otherwise poses a substantial risk or
				  threat to the security, confidentiality, or integrity of sensitive or
				  confidential information; 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.
"Fair and reasonable price"
means a price
				  that is commensurate with the extent and complexity of the information
				  technology to be provided and is comparable to the price paid by other entities
				  for projects of similar scope and complexity.
"Formal competition"
means a competitive
				  selection process other than informal competition, including without limitation
				  a request for proposals or request for bids, and which results in the
				  procurement of information technology.
"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 the purchasing entity makes an effort to
				  contact at least three prospective vendors identified by the purchasing entity
				  as qualified to perform the necessary work to request that vendors provide bids
				  or proposals for the information technology the purchasing entity needs.
"Information technology governance
				  documents"
or
"information technology governance
				  requirements"
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 services"
shall mean
				  the same as defined in Iowa Code chapter 8B. In addition, the term "information
				  technology services" shall include:
1. Cloud services, including software, platform, or
				  infrastructure services delivered or accessed from a remote location through an
				  Internet- or web-based interface. Such delivery or access models are commonly
				  referred to as "software-as-a-service," "platform-as-a-service,"
				  "infrastructure-as-a-service," or other variations of "as-a-service."
2. Service provided in connection with the provisioning of
				  broadband.
3. Value-added services.
"Intergovernmental agreement"
means an
				  agreement for information technology between a state agency and any other
				  governmental entity, whether federal, state, or local, or any department,
				  division, unit or subdivision thereof.
"Iowa-based business"
means an entity that
				  has its principal place of business in Iowa.
"Iowaproduct"
means a product(s) produced in
				  Iowa.
"Life cycle cost"
means the expected total
				  cost of ownership during the life of a product, including disposal
				  costs.
"Master information technology agreement"
means a contract entered into by the office which establishes prices, terms,
				  and conditions for the purchase of information technology. These contracts may
				  involve the needs of one or more state agencies or other governmental
				  entities.
"Material modification,"
as it relates to a
				  previously approved information technology procurement, means a change in the
				  procurement of 10 percent or $25,000, whichever is less, or a change of
				  sufficient importance or relevance so as to have possible significant influence
				  on the outcome. Participating agencies shall not break purchasing into smaller
				  increments in order to avoid the thresholds in this rule.
"Negotiated contract"
means an agreement
				  that meets the requirements of Iowa Code section
				  8B.24(5)
"b."
"Order"
means a direct purchase or a
				  purchase from a state contract, master information technology agreement, or
				  contract let by another governmental entity.
"Participating agency"
shall mean the same
				  as defined in 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.
"Procurement," "procure,
"or
"purchase"
means the acquisition of information technology
				  through lease, lease/purchase, acceptance of, contracting for, obtaining title
				  or license to, use of, or any other manner or method for acquiring information
				  technology or an interest therein.
"Procurement authority"
means a state agency
				  authorized by statute to purchase information technology directly; or a state
				  agency that has been delegated the authority to or has otherwise been
				  authorized to procure information technology directly by the office, including
				  but not limited to as such procurement authority is delegated to a
				  participating agency or such procurement is otherwise authorized by the office
				  by and pursuant to this chapter.
"Responsible bidder"
or
"responsible
				  respondent"
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 purchasing entity may consider various factors,
				  including but not limited to the vendor's competence and qualification for the
				  type of information technology required, the vendor's integrity and
				  reliability, the past performance of the vendor relative to the information
				  technology to be provided, the past experience of the purchasing entity or
				  other governmental entities in relation to the vendor's performance, the
				  relative quality of the information technology as compared with similar
				  information technology available from other sources, the proposed terms of
				  delivery, and the best interests of the state.
"Reverse auction process"
or
"reverse auction"
means a repetitive competitive bidding
				  process that allows vendors to submit one or more bids, with each bid having a
				  lower cost than the previous bid.
"Sole source"
includes, but is not limited
				  to, a circumstance in which a purchasing entity determines that:
1. One service provider is the only one qualified or eligible
				  or is quite obviously the most qualified or eligible to provide the information
				  technology;
2. The information technology being purchased involves 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 information technology;
3. The federal government or other provider of funds for the
				  information technology being purchased (other than the state of Iowa) has
				  imposed clear and specific restrictions on the purchasing entity's use of the
				  funds in a way that restricts the state agency to only one information
				  technology provider;
4. Applicable law requires, provides for, or permits use of a
				  sole source procurement;
5. The procurement is for 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;
6. Any other circumstance as the office may identify from
				  time to time.
"Sole source procurement"
means an
				  acquisition occurring when one of the circumstances set forth in the definition
				  of "sole source" in this chapter is satisfied.
"Targetedsmall business"
or
"TSB"
means a targeted small business as defined in Iowa Code
				  section
				  15.102 that is
				  certified by the department of inspections and appeals pursuant to Iowa Code
				  section
				  10A.104
				  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.
"Vendor"
means a person, firm, corporation,
				  partnership, business or other commercial entity that offers or provides
				  information technology for sale, lease, or license.