Iowa Administrative Code › Agency 11 - Administrative Services Department › Title V - General Services › Chapter 105 - Procurement of Goods and Services of General Use › Rule 11-105.20 - Vendor Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing an appeal.
Any vendor that filed a timely bid or
				proposal and that is aggrieved by an award of the department may appeal the
				decision by filing a written notice of appeal before the Director, Department
				of Administrative Services, Hoover State Office Building, Third Floor, Des
				Moines, Iowa 50319, within five calendar days of the date of award, exclusive
				of Saturdays, Sundays, and legal state holidays. The department must actually
				receive the notice of appeal within the specified time frame for it to be
				considered timely. The notice of appeal shall state the grounds upon which the
				vendor challenges the department's award.
(2)
Procedures for vendor
				appeal
The vendor appeal shall be a contested case proceeding and
				shall be conducted in accordance with the provisions of the department's
				administrative rules governing contested case proceedings, unless the
				provisions of this rule provide otherwise.
a.
				Notice of hearing. Upon receipt of a notice of vendor appeal, the department
				shall contact the department of inspections and appeals to arrange for a
				hearing. 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 notice of appeal was received by the
				  department.
b. Discovery.
				The parties shall serve any discovery requests upon other parties at least 30
				days prior to the date set for the hearing. The parties must serve responses to
				discovery at least 15 days prior to the date set for the hearing.
c. Witnesses and exhibits. The parties shall
				contact each other regarding witnesses and exhibits at least 10 days prior to
				the date 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.
d. Amendments to notice of appeal. The
				aggrieved vendor may amend the grounds upon which the vendor challenges the
				department's award no later than 15 days prior to the date set for the
				hearing.
e. If the hearing is
				conducted by telephone or on the Iowa communications network, the parties must
				deliver all exhibits to the office of the presiding officer at least 3 days
				prior to the time the hearing is conducted.
f. The presiding officer shall issue a
				proposed decision in writing that includes findings of fact and conclusions of
				law stated separately. The decision shall be based on the record of the
				contested case and shall conform to Iowa Code chapter 17A. The presiding
				officer shall send the proposed decision to all parties by first-class
				mail.
g. The record of the
				contested case shall include all materials specified in Iowa Code subsection
				17A.12(6).
(1) Method of recording. Oral proceedings in
				connection with a vendor appeal shall be recorded either by mechanized means or
				by certified shorthand reporters. Parties requesting that certified shorthand
				reporters record the hearing shall bear the costs.
(2) Transcription. A party may request that
				oral proceedings in connection with a hearing in a case or any portion of the
				oral proceedings be transcribed. A party requesting transcription shall bear
				the expense of the transcription.
(3) Tapes. Parties may obtain copies of tapes
				of oral proceedings from the presiding officer at the requester's
				expense.
(4) Retention time. The
				department shall file and retain the recording or stenographic notes of oral
				proceedings or the transcription for at least five years from the date of the
				decision.