Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 11 - Vendor Appeals › Rule 129-11.3 - Filing an Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of intent to appeal.
Any vendor that filed a timely bid
				or proposal and that is aggrieved or adversely affected by an award
				("appellant"), including a decision of the purchasing entity to disqualify a
				vendor, may appeal the decision by filing a notice of intent to appeal with the
				entity issuing the competitive selection documents or other applicable
				solicitation documents ("purchasing entity") to the purchasing entity's address
				as identified in the competitive selection documents or other applicable
				solicitation documents. The purchasing entity must actually receive the notice
				of intent to appeal within the time frame specified in the competitive
				selection documents or other applicable solicitation documents for the notice
				of intent to appeal and thereby the appeal to be considered timely. If the
				competitive selection documents or other applicable solicitation documents are
				silent on the time frame to appeal, the time frame shall be five days from the
				date of the issuance of the notice of intent to award. Failure to timely file a
				notice of intent to appeal will result in dismissal.
(2)
Initial disclosures-public,
				redacted proposals and evaluation materials.
Following the purchasing
				entity's receipt of the notice of intent to appeal, the purchasing entity will
				transmit to the appellant a public copy from which claimed confidential or
				proprietary information has been excised of the awardee's proposal and, to the
				extent applicable, evaluation committee materials, documentation, analysis, and
				results. Upon written request of the appellant, the purchasing entity will
				provide a public copy from which claimed confidential or proprietary
				information has been excised of unsuccessful vendors' proposals. The appellant
				shall be entitled to no additional discovery, materials, or information in
				furtherance of the appellant's appeal unless and until the proceedings advance
				to a second-tier review.
(3)
Notice of appeal.
Within five days of the appellant's receipt
				of the initial disclosures required by subrule 11.3(2), the appellant shall
				file a formal notice of appeal with the purchasing entity to the purchasing
				entity's address as identified in the competitive selection documents or other
				applicable solicitation documents. Such notice of appeal shall conform to and
				comply with the form and format and content requirements set forth in subrules
				11.3(4) and 11.3(5). The purchasing entity must actually receive the notice of
				appeal within the five-day time frame. Failure to timely file a notice of
				appeal will result in dismissal.
(4)
Form and format.
Notices
				of appeal should be concise and logically arranged. No other technical forms of
				pleading are required.
(5)
Contents.
Notice pleading is not permitted. The notice of
				appeal shall:
a. Include the name, address,
				email address, and telephone and facsimile numbers of the vendor;
b. Be signed by the vendor or the vendor's
				authorized representative;
c.
				Identify the specific award forming the basis of the vendor's
				challenge;
d. Set forth information
				establishing the timeliness of the appeal;
e. State the specific legal and factual
				grounds upon which the vendor is appealing the award, in a manner that ties the
				underlying factual assertions to the legal grounds forming the basis of the
				appeal;
f. Describe how the vendor
				is aggrieved or adversely affected by the award;
g. If applicable, explain whether and why the
				vendor failed to raise the issue(s) raised in the appeal through a request for
				clarification process or other question and answer process available during the
				competitive selection process;
h.
				State that the vendor agrees and consents to, and by submitting its notice of
				appeal to the purchasing entity stipulates to the entry of, a protective order
				as a condition precedent to receiving any documents or information containing
				or comprised of, in whole or in part, confidential or proprietary information
				relevant to the vendor's appeal should the matter proceed to a second-tier
				review; and
i. Set forth the
				specific relief requested, i.e., whether the vendor is requesting that the
				award be reversed in its entirety or remanded back to the purchasing entity to
				correct any legal errors.