Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 10 - Procurement of Information Technology › Rule 129-10.3 - Methods of Procurement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Methods.
The office may procure information technology on its
				own behalf or on behalf of participating agencies or other governmental
				entities using any of the methods set forth in Iowa Code section
				8B.24(5)
				 or authorize participating agencies to
				procure information technology in a similar manner (including but not limited
				to subject to applicable approval processes and requirements, as such
				procurement authority is delegated to a participating agency by the office
				elsewhere in this chapter). Such methods include but are not limited to:
a. A cooperative procurement agreement
				pursuant to Iowa Code section
				8B.24(5)
"a."
b. A
				negotiated contract under any of the circumstances set forth in Iowa Code
				section
				8B.24(5)
"b"(1)
to
				8B.24(5)
"b"(3).
c. A
				contract let by another governmental entity pursuant to Iowa Code section
				8B.24(5)
"c"
if:
(1) The contract
				authorizes other governmental entities to procure information technology
				therefrom or leverage the contract by entering into a separate contract based
				on the contract, as applicable;
(2)
				The purchasing entity notifies the other governmental entity of the purchasing
				entity's intent to use or leverage the other governmental entity's
				contract;
(3) The purchasing entity
				follows applicable procedures under the contract required for other
				governmental entities to purchase therefrom or leverage the contract;
				and
(4) The vendor provides written
				assurances to the purchasing entity that any contemplated purchases or
				resulting leveraged contract would not adversely impact the governmental entity
				which was the original signatory to the contract.
d. A reverse auction process in accordance
				with the requirements of Iowa Code section
				8B.24(5)
"d."
e. A
				competitive selection process in the same manner as outlined in 11-Chapter 118
				and in accordance with the requirements identified in rule 129-10.12 (8B).
f. Other agreements for the
				purchase, disposal, or other disposition of information technology, including
				but not limited to the following:
(1)
				Intergovernmental agreement. An intergovernmental agreement with a governmental
				entity which has the resources available to supply the information technology
				sought.
(2) Emergency procurement.
				An emergency procurement in lieu of any other procurement method set forth in
				this rule when the purchasing entity determines the definition of "emergency"
				as set forth in this chapter is satisfied. The following requirements shall
				apply to an emergency procurement:
1. An
				emergency procurement shall be limited in scope and duration to meet the
				emergency. When considering the scope and duration of an emergency procurement,
				the purchasing entity should consider price and availability of the information
				technology so that the purchasing entity obtains the best value for the funds
				spent under the circumstances.
2.
				Justification for the emergency procurement shall be documented and, in the
				case of participating agencies, submitted to the office in connection with the
				approval required by rule 129-10.7 (8B). The justification shall include a
				description of the information technology to be purchased, the cost, and the
				reasons the purchase is an emergency. The justification and any corresponding
				approval shall be maintained by the purchasing entity initiating the
				action.
3. The head of the
				purchasing entity shall sign all emergency justification forms, contracts, and
				amendments regardless of value or length of term. If the head of the purchasing
				entity is not available, a designee may sign an emergency contract or
				amendment.
4. Use of an emergency
				procurement does not relieve the purchasing entity from negotiating a fair and
				reasonable price and documenting the procurement action.
(3) Sole source procurement. A sole source
				procurement in lieu of any other procurement method set forth in this rule when
				the purchasing entity determines the definition of "sole source" as set forth
				in this chapter is satisfied. The following requirements shall apply to a sole
				source procurement:
1. Justification for the
				sole source procurement shall be documented and, in the case of participating
				agencies, submitted to the office in connection with the approval required by
				rule 129-10.7 (8B). The justification shall include a description of the
				information technology to be purchased, the cost, and the reasons the purchase
				qualifies as a sole source. The justification and any corresponding approval
				shall be maintained by the purchasing entity initiating the action.
2. The head of the purchasing entity shall
				sign all sole source justification forms, contracts, and amendments regardless
				of value or length of term. If the head of the purchasing entity is not
				available, a designee may sign a sole source contract or amendment.
3. Use of a sole source procurement method
				does not relieve the purchasing entity from negotiating a fair and reasonable
				price and documenting the procurement action.