Iowa Administrative Code › Agency 129 - Chief Information Officer, Office of The › Title I - General Office Procedures › Chapter 11 - Vendor Appeals › Rule 129-11.7 - Second-tier Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Hearing scheduled.
Upon receipt of a request for second-tier
				review, the purchasing entity shall contact the administrative hearings
				division of the department of inspections and appeals to conduct a hearing. The
				vendor appeal shall be a contested case proceeding and shall be conducted in
				accordance with the provisions of the office's administrative rules governing
				contested case proceedings, unless the provisions of this chapter provide
				otherwise. In applying the office's administrative rules governing contested
				case proceedings where the purchasing entity is an entity other than the
				office, the terms "office" and "chief information officer" shall be deemed to
				refer to the applicable purchasing entity and head of the purchasing entity as
				defined in this chapter, respectively. The department of inspections and
				appeals 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 request for
				second-tier review was received by the purchasing entity.
(2)
Appeal security.
To the
				extent required in the competitive selection documents or other applicable
				solicitation documentation, the vendor initiating the appeal shall supply to
				the purchasing entity an appeal security equal to 25 percent of total contract
				value with the request for second-tier review. For the purpose of this rule,
				"contract value" means the aggregate total compensation the vendor is likely to
				receive under the entire term of the contract, including all extensions and
				renewals, if awarded. If the contract value is not readily discernable, the
				purchasing entity will supply the vendor with an estimate upon request, which
				estimate shall be final. A vendor forfeits an appeal security if, as determined
				by the purchasing entity, following resolution of the appeal, the appeal is
				determined to have had little or no factual or legal basis and was primarily
				filed to frustrate the procurement process or cause hardship for the purchasing
				entity or another vendor. Failure to supply the purchasing entity with the
				appeal security required by this rule shall result in dismissal of the
				appeal.
(3)
Discovery.
Any discovery by the appellant is limited to what
				actually occurred at the purchasing entity as it relates to the award process
				in accordance with the review standards set forth in this chapter. Overbroad or
				unduly burdensome discovery requests shall not be permitted.
a.
Additional disclosures.
In addition to the materials, documents, and information disclosed as part of
				the initial disclosures processes set forth in rules 129-11.3 (8B) and 129-11.4
				(8B), and, to the extent such materials, documents, or information contain or
				are comprised of confidential or proprietary information, subject to a
				protective order entered in accordance with rule 129-11.11 (8B), the purchasing
				entity will promptly transmit to the other parties any additional, relevant
				materials, documents, or information identified as part of its internal review
				during the first-tier review. Generally, relevant materials, documents, or
				information include:
(1) The competitive
				selection documents and any amendments thereto;
(2) Bids, proposals, or other like responses
				submitted by prospective vendors; and
(3) Documentation generated during the
				evaluation process, including the final results.