Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 11 - Vendor Appeals › Rule 129-11.8 - Third-tier Review

Current through Register Vol. 47, No. 3, July 24, 2024
The proposed decision from a second-tier review shall become
				  the final decision of the purchasing entity within ten days after the presiding
				  officer has mailed the proposed decision to the parties unless prior to that
				  time a party submits a request for third-tier review of the proposed decision
				  in accordance with the provisions of this rule or the purchasing entity
				  initiates review of the proposed decision on its own motion.
(1) A party appealing the proposed decision
				to the head of the purchasing entity shall mail or deliver a request for
				third-tier review to the purchasing entity's headquarters and to the office's
				headquarters. A request for third-tier review shall generally conform, to the
				extent applicable, to the filing, form and format, and content requirements,
				and be subject to the same public records requirements and limitations, set
				forth in rule 129-11.3 (8B) applicable to notices of appeal. An issue that was
				raised in the original notice of appeal and again raised in a request for
				second-tier review but not raised in the request for third-tier review shall be
				deemed waived for purposes of any third-tier review or judicial review
				proceeding or appeal therefrom. For the avoidance of doubt, such unraised
				issues may not be raised for the first time at any oral proceedings held in
				connection with a request for third-tier review.
(2) The party appealing the proposed decision
				shall be responsible for causing the transfer of and otherwise submitting the
				record forming the basis of prior stages to the presiding officer, including
				filing the recording and transcript generated as part of the second-tier
				review. The party appealing the proposed decision shall bear the cost of such
				transfer and submission, including the cost of obtaining the recording and
				transcript generated as part of the second-tier review.
(3) Any party may submit to the purchasing
				entity exceptions to and a brief in support of or in opposition to the proposed
				decision within 15 days after the mailing of a request for third-tier review.
				The submitting party shall mail copies of any exceptions or brief it files to
				all other parties to the proceeding. The head of the purchasing entity shall
				notify the parties if the head of the purchasing entity deems oral arguments by
				the parties to be appropriate.
(4)
				When the head of the purchasing entity consents or on the head of the
				purchasing entity's own motion, oral arguments may be presented. A party
				wishing to make an oral argument shall specifically request it. The head of the
				purchasing entity shall notify all parties in advance of the scheduled time and
				place for oral arguments. An oral argument may be either recorded by mechanized
				means or transcribed by a certified shorthand reporter at the request of a
				party. A party requesting that a certified shorthand reporter transcribe an
				oral argument shall bear the costs. Parties may obtain copies of recordings or
				transcriptions of proceedings from the head of the purchasing entity or
				certified shorthand reporter, as applicable, at the requester's
				expense.
(5) The head of the
				purchasing entity shall review the proposed decision based on the record
				developed and issues properly raised and decided in all prior stages. The
				issues for review shall be those specified in the party's request for
				third-tier review and which were properly raised or decided during all prior
				stages. The head of the purchasing entity shall not take any further evidence.
				The head of the purchasing entity shall issue a final decision of the
				purchasing entity. The decision shall be in writing and shall conform to the
				requirements of Iowa Code chapter 17A.
(6) The office may consult with and assist
				another purchasing entity in conducting a third-tier review.
(7) Any party may file an application for
				rehearing in accordance with Iowa Code section
				17A.16(2)
				 and rule
				129-6.30 (8B,17A).