reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 103 - State Driver Guidelines for State Vehicle Use and Fueling › Rule 11-103.14 - Probationary Drivers

Current through Register Vol. 47, No. 3, July 24, 2024
If driving privileges are reinstated following a request for
				  reconsideration, the reinstated state driver will be placed in a probationary
				  state vehicle driving status for a period of three months. If a state driver in
				  probationary status has a preventable or at-fault accident while operating a
				  state or private vehicle on state business or receives a moving traffic
				  violation while operating a state or private vehicle on state business, the
				  probationary status will be revoked and the state driver's original suspension
				  period will be reinstated. Following revocation of probationary status, the
				  state driver may not request further reconsideration of the suspension. A
				  driver in probationary status is eligible to receive mileage reimbursement from
				  the state.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 103 - State Driver Guidelines for State Vehicle Use and Fueling › Rule 11-103.15 - Temporary Restricted License

Current through Register Vol. 47, No. 3, July 24, 2024
State drivers may operate a state vehicle or a private
				  vehicle on state business while holding a temporary restricted license issued
				  pursuant to Iowa Code section
				  321.215
				  or
				  321J.20
				  that allows driving for work. In addition, a state driver operating under a
				  temporary restricted license shall provide proof of financial responsibility
				  which meets the minimum standards required by the state of Iowa, department of
				  transportation, pursuant to Iowa Code section
				  321A.1.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 103 - State Driver Guidelines for State Vehicle Use and Fueling › Rule 11-103.16 - Vehicle Fueling

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Fuel used in
				state-owned automobiles may be purchased at cost from the various state
				installations or garages such as but not limited to those of the state
				department of transportation, state board of regents, department of human
				services, department of corrections, or state motor pools throughout the state.
				Fuel may also be purchased at retail locations if a state fueling facility is
				not readily available. When possible, purchases shall be made using a fuel
				purchase card issued by the department. The fuel purchase card shall not be
				used to purchase motor fuel other than the classification of fuel described in
				subrule 103.16(2).
(2) All drivers
				of state motor vehicles shall fuel their assigned vehicles operating using an
				internal combustion engine with the highest possible classification of a
				qualified renewable fuel if all of the following apply:
a. The manufacturer of the motor vehicle or
				the EPA expressly states that the classification of a qualified renewable fuel
				is compatible with the motor vehicle's normal operation.
b. That classification of a qualified
				renewable fuel is commercially available in the region where the motor vehicle
				is being operated.
c. No emergency
				situation exists that requires the immediate use of a motor fuel regardless of
				whether it has been blended with a biofuel.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 103 - State Driver Guidelines for State Vehicle Use and Fueling › Rule 11-103.17 - State Fleet Qualified Renewable Fuels Compliance Report

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall prepare a state fleet qualified
				  renewable fuels compliance report that shall consolidate information compiled
				  by the department in accordance with Iowa Code section
				  8A.369. The department shall
				  submit the report to the governor and general assembly not later than March 1
				  of each year.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.1 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
a.
Goods and services of general use.
Under the provisions of
				Iowa Code Supplement chapter 8 A, these rules apply to the purchase of goods
				and services of general use by any unit of the state executive branch including
				a commission, board, institution, bureau, office, agency or department, except
				items used by the state department of transportation, institutions under the
				control of the board of regents, the department for the blind, and any other
				agencies or instrumentalities of the state exempted by law.
b.
Services.
Procurement of
				services shall also meet the provisions of Iowa Administrative Code,
				11-Chapters 106 and 107.
c.
Information technology.
Pursuant to Iowa Code Supplement
				chapter 8A, procurement of information technology devices and services by
				participating agencies shall also meet the requirements of rule
				11-105.10
				(8A). Rule
				11-105.10
				(8A) shall apply to:
(1) The process by which
				the department shall ensure effective and efficient compliance with standards
				prescribed by the department with respect to the procurement of information
				technology devices and services by participating agencies, and
(2) The acquisition of information technology
				devices and services by the department for the department, or by the department
				for a participating agency that has requested that the department procure
				information technology devices or services on the agency's behalf
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.3 - Competitive Procurement

Current through Register Vol. 47, No. 3, July 24, 2024
It is the policy of the state to obtain goods and services
				  from the private sector for public purposes to achieve value for the taxpayer
				  through a competitive selection process that is fair, open, and objective.
				  Where feasible, common use items will be purchased cooperatively with state
				  agencies having independent procurement authority to leverage economies of
				  scale, add convenience, standardize common items, and increase
				  efficiencies.
(1)
Informal
				competition.
The department may use informal competition or formal
				competition for the purchase of any good or service or group of goods or
				services of general use costing less than $50,000.
(2)
Formal competition.
The
				department shall use formal competition for the procurement of any good or
				service or group of goods or services of general use costing $50,000 or
				more.
(3)
Construction
				procurement.
Formal competition shall be used for selection of a
				vendor for construction, erection, demolition, alteration, or repair of a
				public improvement when the cost of the work exceeds $100,000.
(4)
Purchasing services.
Thresholds for the use of formal or informal competition for the procurement of
				services are governed by rule
				11-106.5
				(8A).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.4 - Exemptions From Competitive Procurement

Current through Register Vol. 47, No. 3, July 24, 2024
The director or designee may exempt goods and services of
				  general use from competitive procurement processes when the procurement meets
				  one of the following conditions. All procurements that are exempt from
				  competitive processes shall be recorded as such, and appropriate justification
				  shall be maintained by the agency initiating the action. Each of the following
				  exemptions from competitive procurement procedures require additional review
				  and approvals.
(1)
Emergency
				procurement.
a.
Justification for emergency procurement.
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 department or agency
				should consider price and availability of the good or service procured so that
				the department or agency obtains the best value for the funds spent under the
				circumstances. The department and agencies shall attempt to acquire goods and
				services of general use with as much competition as practicable under the
				circumstances.
b.
Special
				procedures required for emergency procurements.
Justification for the
				emergency purchase shall be documented and submitted to the director or
				designee for approval. The justification shall include the good or service that
				is to be or was purchased, the cost, and the reasons the purchase should be or
				was considered an emergency.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.5 - Preferred Products and Vendors

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Preference to Iowa products and services.
a. All requests for proposals for materials,
				products, supplies, provisions and other needed articles and services to be
				purchased at public expense shall not knowingly be written in such a way as to
				exclude an Iowa-based company capable of filling the needs of the purchasing
				entity from submitting a responsive proposal.
b. The department and state agencies shall
				make every effort to support Iowa products when making a purchase. Tied
				responses to solicitations, regardless of the type of solicitation, shall be
				decided in favor of the Iowa products. Tied bids between Iowa products shall be
				decided in accordance with 105.12(4).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.6 - Centralized Procurement Authority and Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Centralized procurement of goods
				and services of general use.
The department shall procure goods and
				services of general use for all state agencies with the exceptions of those
				purchases made by the state department of transportation, institutions under
				the control of the board of regents, the department for the blind, and any
				other agencies exempted by law.
(2)
Delegation of procurement authority.
The department shall
				establish guidelines for implementation of procurement authority delegated to
				agencies. The department shall assist agencies in developing purchasing
				procedures consistent with central purchasing policy and procedures and
				recommended governmental procurement standards.
(3)
Planning, research, and
				development.
The director may establish advisory groups and customer
				councils of agency representatives appointed by the respective agency directors
				to assist the department in procurement planning and research and to advise on
				policies, procedures, and financing. This advice includes, but need not be
				limited to, market research, product specifications, terms and conditions;
				purchasing rules and guidelines; purchasing system development; and equitable
				financing of the enterprise purchasing system. The department will provide
				staff support for any advisory groups and councils that are created.
The department may periodically require forecasts from state
				  agencies and institutions regarding future procurements. When requesting
				  forecasts, the department shall assist agencies in securing and analyzing
				  historical information related to previous purchasing
				  activity.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.7 - Notice of Solicitations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General notification.
a.
Bid posting.
The department and each state agency shall
				provide notice of solicitations. The department and each state agency shall
				post notice of every formal competitive bidding opportunity and proposal to the
				official Internet site,
http://bidopportunities.iowa.gov
,
				operated by the department of administrative services in accordance with Iowa
				Code sections
				73.2,
				8A.311,
				and
				362.3.
				Instead of direct posting, the agency may add a link to
http://bidopportunities.iowa.gov
that connects to the Web site maintained by the agency on which requests for
				bids and proposals for that agency are posted. For the purposes of this
				subrule, a formal solicitation is as defined by the appropriate procurement
				authority. Informal competitive bidding opportunities and proposals may also be
				posted on or linked to the official state Internet site operated by the
				department of administrative services.
b.
Other forms of notice.
Notice of competitive bidding opportunities and proposals may be provided by
				telephone or fax, in print, or by other means that give reasonable notice to
				vendors, in addition to the posting or linking of formal solicitations to the
				official Internet site operated by the department of administrative
				services.
c.
Posting of
				requests for architectural and engineering services.
A request for
				proposals for architectural or engineering services may be posted
				electronically by a department or state agency in addition to other methods of
				advertisement required by law.
d.
Bids voided.
A formal competitive bidding opportunity that is
				not preceded by a notice that satisfies the requirements of this subrule is
				void and shall be rebid. This requirement shall be effective for formal
				competitive bidding opportunities issued on or after September 1,
				2005.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.8 - Types of Solicitations

Current through Register Vol. 47, No. 3, July 24, 2024
The department may use the following solicitation methods
				  when procuring goods and services of general use for the enterprise.
(1)
Informal competition.
a.
Description of
				solicitation.
The informal request for bids or proposals may be
				completed electronically, by telephone or fax, or by other means determined by
				the department.
b.
Response
				and evaluation.
Informal bids shall be tabulated, evaluated,
				documented and attached to the purchase order
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.9 - Procurement of Architectural and Engineering Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Qualifications.
As part
				of the competitive selection process, the department shall determine whether an
				architect or engineer is competent and qualified. In making this determination,
				the department may consider the following factors:
1. Professional licensing or registration
				credentials,
2. Integrity and
				reliability,
3. Past performance
				relative to the quality and timeliness of service on similar
				projects,
4. Past experience with
				the state in relation to services provided,
5. Quality and timeliness of the services
				provided,
6. The proposed terms of
				delivery, and
7. The best interests
				of the state.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.10 - Procurement of Information Technology Devices and Services

Current through Register Vol. 47, No. 3, July 24, 2024
This rule applies to the procurement of information
				  technology devices and services by participating agencies.
(1)
Approval of participating agency
				information technology procurements.
a. All procurement of information technology
				devices and services must meet operational standards prescribed by the
				department.
b. With the exception
				of requests for proposals (RFPs) which are approved by the technology
				governance board, procurement of all information technology devices and
				services, projects and outsourcing of $50,000 or more or a total involvement of
				750 participating agency staff hours or more must receive prior approval from
				the department of administrative services, information technology enterprise
				(DAS/ITE), before a participating agency issues a competitive selection
				document or any other procurement document or otherwise seeks to procure
				information technology devices or services or both through the department or on
				its own purchasing authority. The participating agency's approval request shall
				be in a form prescribed by the department.
c. Participating agencies shall notify the
				technology governance board in writing on a quarterly basis that technology
				purchases made during the previous quarter were in compliance with the
				technology governance board's procurement rules and information technology
				operational standards.
d.
				Participating agencies shall not break purchasing into smaller increments for
				the purpose of avoiding threshold requirements of this subrule.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.11 - Specifications in Solicitations

Current through Register Vol. 47, No. 3, July 24, 2024
All specifications used in solicitations shall be written in
				  a manner that encourages competition.
(1)
Limitations on brands
				andmodels.
Specifications shall be written in general terms without
				reference to a particular brand or model unless the reference is clearly
				identified as intending to illustrate the general characteristics of the item
				and not to limit competition. A specific brand or model may be procured only
				when necessary to maintain a standard required or authorized by law or rule or
				for connectivity or compatibility with existing commodities or
				equipment.
(2)
Recycled
				content and products.
When appropriate, specifications shall include
				requirements for the use of recovered materials and products. The
				specifications shall require, at a minimum, that all responses to a
				solicitation include a product content statement that describes the percentage
				of the content of the item that is reclaimed material.
The department shall revise specifications developed by
				  agencies if the specifications restrict the use of alternative materials,
				  exclude recovered materials, or require performance standards that exclude
				  products containing recovered materials unless the agency seeking the product
				  can document that the use of recovered materials will impede the intended use
				  of the product.
Specifications shall support the following
				  procurements:
a. Products containing
				recovered materials, including but not limited to lubricating oils, retread
				tires, building insulation materials, and recovered materials from waste
				tires.
b. Bio-based hydraulic
				fluids, greases, and other industrial lubricants manufactured from soybeans in
				accordance with Iowa Code Supplement section
				8A.316.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.12 - Awards

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall select a vendor on the basis of criteria
				  contained in the competitive selection document.
(1)
Intent to award.
After
				evaluating responses to a solicitation using formal competition, the department
				shall notify each vendor submitting a response to the solicitation of its
				intent to award to a particular vendor or vendors subject to execution of a
				written contract(s). Documentation of awards for solicitations using informal
				competition will be made available to interested parties upon request. This
				notice of intent to award does not constitute the formation of a contract(s)
				between the state and successful vendor(s). If a vendor is not registered on
				the vendor on-line system and does not provide an E-mail address or fax number,
				the notice will be mailed.
(2)
Rejection of bids.
The department reserves the right to reject
				any or all responses to solicitations at any time for any reason. New bids may
				be requested at a time deemed convenient to the department and agency
				involved.
(3)
Minor
				deficiencies and informalities.
The department reserves the right to
				waive minor deficiencies and informalities if, in the judgment of the
				department, the best interest of the state of Iowa will be served.
(4)
Tied bids.
a. Whenever a tie involves an Iowa vendor and
				a vendor outside the state of Iowa, the Iowa vendor will receive preference.
				Whenever a tie involves one or more Iowa vendors and one or more vendors
				outside the state of Iowa, the drawing will be held among the Iowa vendors
				only. Tied bids involving Iowa-produced or Iowa-manufactured products and items
				produced or manufactured outside the state of Iowa will be resolved in favor of
				the Iowa product.
b. In the event
				of a tied bid between Iowa vendors, the department shall contact the Iowa
				Employer Support of the Guard and Reserve (ESGR) committee for confirmation and
				verification as to whether the vendors have complied with ESGR standards.
				Preference, in the case of a tied bid, shall be given to Iowa vendors complying
				with ESGR standards.
c. An award
				shall be determined by a drawing when responses are received that are equal in
				all respects and tied in price. Whenever it is practical to do so, the drawing
				will be held in the presence of the vendors who are tied in price. Otherwise
				the drawing will be made in front of at least three noninterested parties. All
				drawings shall be documented.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.13 - Master Agreements Available to Governmental Subdivisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Contracts
				entered into by the department may be extended to, and made available for the
				use of, other governmental entities as defined in Iowa Code Supplement section
				8A.101.
(2) The department shall provide a list of
				current master agreements to a governmental subdivision upon request. The list
				may be provided in an electronic format. A governmental subdivision may request
				a copy of a specific master agreement. The department may provide the master
				agreement in an electronic format and assess a copying charge when a printed
				copy is requested.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.14 - Agency Purchasing Authority and Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purchase of goods.
An
				agency may acquire goods not otherwise available from a master agreement in
				accordance with the procurement threshold guidelines in
				11-105.15
				(8A).
(2)
Purchase of
				services.
An agency may procure services unique to the agency's
				program or used primarily by that agency and not by other agencies. The
				department will assist agencies with these procurements upon request.
				Procurement of services by an agency shall comply with the provisions of
				11-Chapters 106 and 107.
(3)
Procurement of printing.
a.
				As the first step in the printing procurement process, an agency may provide
				its request to state printing. State printing may produce the printing
				internally or procure the printing for the agency.
b. An agency may procure printing.
				Procurement of printing by an agency shall utilize formal or informal
				competitive selection, pursuant to
				11-105.3
				(8A). The agency's internal procedures and controls for competitive selection
				of a printing vendor shall be consistent with the requirements of the
				department and the state auditor
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.16 - 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
				11-102.4 (8A) or
				the procurement is otherwise exempt from competitive selection pursuant to
				11-105.4
				(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 V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.17 - 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 when it becomes available. 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 V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.18 - 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 V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.1 - 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 V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.2 - 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
				11-105.2 (8A) intends
				to procure "information technology services" as defined by rule
				11-105.2 (8A), the
				provisions of rule
				11-105.10
				(8A) shall also apply to procurement of the services.
(2) When a state agency that is subject to
				the applicability requirements of rule
				11-105.1 (8A)
				intends to procure "services of general use" as defined by rule
				11-105.2 (8A), the
				provisions of 11-Chapter 105 shall apply to the procurement.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.4 - 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 V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.5 - Use of Competitive Selection

Current through Register Vol. 47, No. 3, July 24, 2024
State agencies shall use competitive selection to acquire
				  services from private entities when the estimated annual value of the service
				  contract is equal to or greater than $5,000 or when the estimated value of the
				  multiyear service contract in the aggregate, including any renewals, is equal
				  to or greater than $15,000 unless there is adequate justification for a sole
				  source or emergency procurement pursuant to rule 106.7(8A) or 106.8(8A) or
				  another provision of law.
(1) When the
				estimated annual value of the service contract is equal to or 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 equal to or greater than $5,000 but less 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 annual value of the service contract is equal to or greater than
				$5,000 or when the estimated value of the multiyear service contract in the
				aggregate, including renewals, is equal to or 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.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.7 - 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.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.8 - 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 of an 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 $5,000, a state agency shall be required
				to complete an emergency justification form. The director of the state agency
				or the director's 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 11 lAC
				107.4(8,8A), uniform terms and conditions for service contracts, or 11 lAC
				107.5(8,8A), special terms and conditions.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.9 - Informal Competitive Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When utilizing an informal competition as
				defined in rule 106.3(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 V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.11 - 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 unless the state agency obtains a waiver of this provision pursuant
				to rule 106.16(8A).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.12 - Additional Procedures or Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) State agencies, whether utilizing
				informal or formal competition, shall provide a notice of each procurement for
				services to the targeted small business Web page located at the Iowa department
				of economic development's Web site 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 V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.15 - 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 of administrative services 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 of administrative services, state accounting enterprise policy and
				procedure manual.
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 106 - Purchasing Standards for Service Contracts › Rule 11-106.16 - Waiver Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For the
				purpose of this chapter, a "waiver or variance" means an action by the director
				of the department of administrative services 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 or
				variance of the rule. For simplicity, the term "waiver" shall include both a
				"waiver" and a "variance."
(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 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 V - General Services › Chapter 107 - Uniform Terms and Conditions for Service Contracts › Rule 11-107.1 - 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 V - General Services › Chapter 107 - Uniform Terms and Conditions for Service Contracts › Rule 11-107.5 - Special Terms and Conditions

Current through Register Vol. 47, No. 3, July 24, 2024
Rule 107.4(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 2003
				  Iowa Code Supplement section
				  8.47(2).
Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 107 - Uniform Terms and Conditions for Service Contracts › Rule 11-107.6 - 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
				11-106.8
				(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 V - General Services › Chapter 108 - Contractual Limitation of Vendor Liability Provisions › Rule 11-108.1 - 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 V - General Services › Chapter 108 - Contractual Limitation of Vendor Liability Provisions › Rule 11-108.3 - 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 108.5(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 108.4(2). This
				  chapter does not apply to procurements conducted by another state agency on its
				  own behalf