Iowa Administrative Code › Agency 531 - Lottery Authority, Iowa › Chapter 2 - Purchasing › Rule 531-2.17 - Vendor Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing vendor appeal.
Any vendor whose bid or proposal has
			 been timely filed and who is aggrieved by the award of the lottery may file a
			 written notice of appeal of the procurement decision with the Iowa Lottery,
			 13001 University Avenue, Clive, Iowa 50325-8225, within five business days of
			 the date of the award. The notice of appeal must actually be received at this
			 address within the time frame specified to be considered timely. The notice of
			 appeal shall state the grounds upon which the vendor challenges the lottery's
			 award.
(2)
Presiding
			 officer.
Upon receipt of a notice of a vendor appeal, the chief
			 executive officer shall appoint an administrative law judge within the
			 administrative hearings division of the department of inspections and appeals
			 to serve as presiding officer, who would then issue a proposed ruling that the
			 chief executive officer may hear on appeal.
(3)
Hearing.
Where feasible,
			 vendor appeals shall be conducted in accordance with 531-Chapter 5. In the case
			 of conflict, the rules and procedures set forth in Chapter 2 control for vendor
			 appeals submitted to the lottery. The presiding officer shall send a written
			 notice of the date, time and location of the appeal hearing to the aggrieved
			 vendor or vendors. The presiding officer shall hold a hearing on the vendor
			 appeal within 60 days of the date the notice of appeal was received by the
			 lottery, except that the administrative law judge has the ability to extend
			 this duration where the administrative law judge determines good cause
			 necessitates an extension.
(4)
Discovery.
The parties shall serve any discovery requests upon
			 the other parties at least 30 days prior to the date set for hearing. The
			 parties must serve responses to discovery at least 20 days prior to the date
			 set for the hearing.
(5)
Witnesses and exhibits.
The parties shall contact each other
			 regarding witnesses and exhibits at least ten days prior to the time set for
			 the hearing. The parties must meet prior to the hearing regarding the evidence
			 to be presented in order to avoid duplication or the submission of extraneous
			 materials.
(6)
Contents of
			 decision.
The administrative law judge shall issue and serve upon all
			 parties a written proposed decision that includes findings of fact and
			 conclusions of law stated separately. The decision shall be based on the record
			 of the appeal and shall conform with the requirements of Iowa Code chapters 17A
			 and 99G.
(7)
Status of
			 ruling.
The ruling of the presiding officer constitutes a proposed
			 ruling which may be appealed to the lottery's chief executive officer. The
			 written decision of the chief executive officer on a vendor appeal constitutes
			 a final decision of the lottery, which may be further appealed in accordance
			 with Iowa Code section 17A.19.
(8)
Stay of agency action for vendor appeal.
a. Any party appealing the issuance of a
			 notice of intent to award a contract may petition the presiding officer for a
			 stay of the award pending its review. The petition for stay shall be filed with
			 the notice of appeal and shall state the reasons justifying a stay. Any
			 decision issued by a presiding officer regarding a stay may be appealed to the
			 chief executive officer.
b. Any
			 party adversely affected by a final decision and order may petition the chief
			 executive officer for a stay of the agency decision and order pending judicial
			 review. The petition for stay shall be filed with the chief executive officer
			 within ten days of receipt of the final decision and order and shall state the
			 reasons justifying a stay.
c. The
			 presiding officer or chief executive officer may grant a stay upon a conclusion
			 that the movant has satisfied the standards for the grant of a stay included in
			 rule 531-5.29 (17A) and Iowa Code section 17A.19(5).