Iowa Administrative Code › Agency 11 - Administrative Services Department › Title VI - Central Procurement › Chapter 118 - Purchasing Standards for Service Contracts › Rule 11-118.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter, the following definitions
				  shall apply:
"Agency"
or
"state agency"
means a unit of state government, which is an authority, board, commission,
				  committee, council, department, examining board, or independent agency as
				  defined in Iowa Code section
				  7E.4, including but not limited
				  to each principal central department enumerated in Iowa Code section
				  7E.5. However, "agency" or
				  "state agency" does not mean any of the following:
1. The office of the governor or the office
				of an elective constitutional or statutory officer.
2. The general assembly, or any office or
				unit under its administrative authority.
3. The judicial branch, as provided in Iowa
				Code section 602.1102.
4. A political subdivision of the state or
				its offices or units, including but not limited to a county, city, or community
				college.
"Competitive selection"
means a formal or
				  informal process engaged in by a state agency to compare provider
				  qualifications, terms, conditions, and prices of equal or similar services in
				  order to meet the objective of purchasing services based on quality,
				  performance, price, or any combination thereof. During a competitive selection
				  process, a state agency may weigh the relevant selection criteria in whatever
				  fashion it believes will enable it to select the service provider that submits
				  the best proposal. The lowest priced proposal is not necessarily the best
				  proposal.
"Department"
means the department of
				  administrative services (DAS).
"Director"
means the director of the
				  department of administrative services or the director's designee.
"Duration"
means the specific length of a
				  service contract.
"Emergency"
includes, but is not limited to,
				  a condition:
1. That threatens public
				health, welfare or safety; or
2. In
				which there is a need to protect the health, welfare or safety of persons
				occupying or visiting a public improvement or property located adjacent to the
				public improvement; or
3. In which
				the state agency must act to preserve critical services or programs or in which
				the need is a result of events or circumstances not reasonably foreseeable.
"Emergency procurement"
means an acquisition
				  of a service or services resulting from an emergency need.
"Formal competition"
means a competitive
				  selection process that employs a request for proposal or other competitive
				  selection process authorized by applicable law resulting in a service
				  contract.
"Informal competition"
means a streamlined
				  competitive selection process in which a state agency makes an effort to
				  contact at least three prospective service providers identified by the
				  purchasing state agency as qualified to perform the work described in the scope
				  of work to provide bids or proposals to provide the services the state agency
				  is seeking.
"Intergovernmental agreement"
means an
				  agreement for services between a state agency and any other governmental entity
				  whether federal, state, or local and any department, division, unit or
				  subdivision thereof.
"Private agency"
or
"private
				  agencies"
means an individual or any form of business organization
				  authorized under the laws of this or any other state or under the laws of any
				  foreign jurisdiction.
"Selection documents"
means documents
				  prepared for a competitive selection by a state agency to purchase services.
				  Selection documents may include requests for proposal, invitations to bid,
				  invitations to bid with best value considerations, invitations to qualify,
				  requests for strategy, auctions, reverse auctions, negotiated selection, or any
				  other type of document a state agency is authorized to use that is designed to
				  advise service providers that a state agency is interested in procuring
				  services for state government.
"Service"
or
"services"
means work performed for a state agency or for its clients by a service
				  provider and includes, but is not limited to:
1. Professional or technical expertise
				provided by a consultant, advisor or other technical or service provider to
				accomplish a specific study, review, project, task, or other work as described
				in the scope of work. By way of example and not by limitation, these services
				may include the following: accounting services; aerial surveys; aerial mapping
				and seeding; appraisal services; land surveying services; construction manager
				services; analysis and assessment of processes, programs, fiscal impact,
				compliance, systems and the like; auditing services; communications services;
				services of peer reviewers, attorneys, financial advisors, and expert witnesses
				for litigation; information technology consulting services; services of
				investment advisors and managers; marketing services; policy development and
				recommendations; program development; public involvement services and
				strategies; research services; scientific and related technical services;
				software development and system design; and services of underwriters,
				physicians, and pharmacists; or
2.
				Services provided by a vendor to accomplish routine functions. These services
				contribute to the day-to-day operations of state government. By way of example
				and not by limitation, these services may include the following: ambulance
				service; charter service; boiler testing; bookkeeping service; building alarm
				systems service and repair; commercial laundry service; communications systems
				installation, servicing and repair; court reporting and transcription services;
				engraving service; equipment or machine installation, preventive maintenance,
				inspection, calibration and repair; heating, ventilation and air conditioning
				(HVAC) system maintenance service; janitorial service; painting; pest and weed
				control service; grounds maintenance, mowing, parking lot sweeping and snow
				removal service; towing service; translation services; and travel service.
"Service contract"
means a contract for a
				  service or services when the predominant factor, thrust, and purpose of the
				  contract as reasonably stated is for the provision or rendering of services.
				  When there is a contract for both goods and services and the predominant
				  factor, thrust, and purpose of the contract as reasonably stated is for the
				  provision or rendering of services with goods incidentally involved, a service
				  contract exists and these rules apply. "Service contract" includes grants when
				  the predominant factor, thrust, and purpose of the contract formalizing the
				  grant is for the provision or rendering of services.
"Service provider"
means a vendor that
				  enters into a service contract with a state agency.
"Sole source procurement"
means a purchase
				  of services in which the state agency selects a service provider without
				  engaging in a competitive selection process.