"Acquisition" or"acquire"
is defined in the same manner as "procurement," "procure," or
"purchase."
"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 coimty, city, or community
college.
"All or none " means an award based on the
total for all items included in the solicitation.
"American-based business " means an entity
that has its principal place of business in the United States of
America.
"American-made product" means product(s)
produced or grown in the United States of America.
"American motor vehicles " means those
vehicles manufactured in this state and those vehicles in which at least 70
percent of the value of the motor vehicle was manufactured in the United States
or Canada and at least 50 percent of the motor vehicle sales of the
manufacturer are in the United States or Canada.
"Award" means the selection of a vendor to
receive a master agreement or order of a good or service.
"Bid specification " means the standards or
qualities which must be met before a contract to purchase will be awarded and
any terms which the director has set as a condition precedent to the awarding
of a contract.
"Board" means the technology governance
board established by Iowa Code section
8A.204.
"Competent and qualified" means an architect
or engineer who, at the sole discretion of the department, has the capability
in all respects to satisfactorily perform the scope of services required by the
proposed contract in a timely manner
"Competitive bidding procedure " means the
advertisement for, solicitation of, or the procurement of bids; the manner and
condition in which bids are received; and the procedure by which bids are
opened, accessed, evaluated, accepted, rejected or awarded. A "competitive
bidding procedure" refers to all types of competitive solicitation processes
referenced in this chapter and may include a transaction accomplished in an
electronic format.
"Competitive selection documents" means
documents prepared for a competitive selection by a department or agency to
purchase goods and services. Competitive selection documents may include
requests for proposal, invitations to bid, or any other type of document a
department or agency is authorized to use that is designed to procure a good or
service for state government. A competitive selection document may be an
electronic document.
"Department" means the department of
administrative services.
"Director " means the director of the
department of administrative services or the director's designee.
"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 department or agency must act to preserve
critical services or programs; or
4. In which the need is a result of events or circumstances
not reasonably foreseeable."Emergency procurement" means an
acquisition resulting from an emergency need."Enterprise "
means most or all state agencies acting collectively, unless it is used in a
manner such as "state accounting enterprise," in which case it means the
specific unit of the department of administrative services.
"Fair and reasonable price " means a price
that is commensurate with the extent and complexity of the services to be
provided and is comparable to the price paid by the department or other
entities for projects of similar scope and complexity.
"Formal competition " means a competitive
selection process that employs a request for proposals or other means of
competitive selection authorized by applicable law and results in procurement
of a good or service.
"Good" or"goods" means
products or personal property other than money that is tangible or movable at
the time of purchase, including specially manufactured goods. A contract for
goods is a contract in which the predominant factor, thrust, and purpose of the
contract as reasonably stated is for the acquisition of goods. 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 acquisition of goods, a
contract for goods exists.
"Governmental entity " means any unit of
government in the executive, legislative, or judicial branch of government; an
agency or political subdivision; any unit of another state government,
including its political subdivisions; any unit of the United States government;
or any association or other organization whose membership consists primarily of
one or more of any of the foregoing.
"Informal competition " means a streamlined
competitive selection process in which a department or agency makes an effort
to contact at least three prospective vendors identified by the department or
purchasing agency as qualified to perform the work described in the scope of
work to request that they provide bids or proposals for the delivery of the
goods or services the department or agency is seeking.
"Information technology device" means
equipment or associated software, including programs, languages, procedures, or
associated documentation, used in operating the equipment which is designed for
utilizing information stored in an electronic format. "Information technology
device" includes but is not limited to computer systems, computer networks, and
equipment used for input, output, processing, storage, display, scanning, and
printing.
"Information technology services " means
services designed to provide functions, maintenance, and support of information
technology devices, or services including but not limited to computer systems
application development and maintenance; systems integration and
interoperability; operating systems maintenance and design; computer systems
programming; computer systems software support; planning and security relating
to information technology devices; data management consultation; information
technology education and consulting; information technology planning and
standards; and establishment of local area network and workstation management
standards.
"Iowa-based business " means an entity that
has its principal place of business in Iowa.
"Iowaproduct" means a product(s) produced or
grown in Iowa.
"life cycle cost" means the expected total
cost of ownership during the life of a product, including disposal
costs.
"Limited scope " means only a few specific
services are required for a project. An example is a project for which all
existing conditions and parameters are clearly evident or defined in a request
for proposal, such as a project calling for development of specifications and
bidding documents for replacement of an existing boiler
"Lowest responsible bidder" means the
responsible bidder that is fully compliant with the requirements and terms of
the competitive selection document and that submits the lowest price(s) or
cost(s).
"Master agreement" means a contract arrived
at competitively which establishes prices, terms, and conditions for the
purchase of goods and services in common use. Agencies may purchase from a
master agreement without further competition. These contracts may involve the
needs of one or more state agencies. Master agreements for a particular item or
class of items may be awarded to a single vendor or multiple vendors.
"Material modification " relating to an
approved IT procurement means a change in the procurement of 10 percent or
$50,000, whichever is less, or a change of sufficient importance or relevance
so as to have possible significant influence on the outcome.
"Negotiated contract" means a master
agreement for a procurement that meets the requirements of Iowa Code Supplement
section
8A.207(4)
"b. "
"Newspaper of general circulation" means a
newspaper meeting the definition set forth in Iowa Code section
618.3.
"Operational standards " means information
technology standards established by the department according to Iowa Code
Supplement sections
8A.202 to
8A.207 that include
but are not limited to specifications, requirements, processes, or initiatives
that foster compatibility, interoperability, connectivity, and use of
information technology devices and services among agencies.
"Order " means a direct purchase or a
purchase from a state contract or master agreement.
"Participating agency, " applicable only to
information technology purchases, means any agency other than:
1. The state board of regents and institutions operated under
its authority;
2. The public broadcasting division of the department of
education;
3. The department of transportation's mobile radio
network;
4. The department of public safety law enforcement
communications systems and capitol complex security systems in use for the
legislative branch;
5. The Iowa telecommimications and technology commission,
with respect to information technology that is unique to the Iowa
commimications network;
6. The Iowa lottery authority; and
7. A judicial district department of correctional services
established pursuant to Iowa Code section
905.2.
"Printing " means the reproduction of an
image from a printing surface made generally by a contact impression that
causes a transfer of ink, the reproduction of an impression by a photographic
process, or the reproduction of an image by electronic means and shall include
binding and may include material, processes, or operations necessary to produce
a finished printed product, but shall not include binding, rebinding or repairs
of books, journals, pamphlets, magazines and literary articles by a library of
the state or any of its offices, departments, boards, and commissions held as a
part of their library collection.
"Printing equipment" means offset presses,
gravure presses, silk-screen equipment, large format ink jet printers, digital
printing/copying equipment, letterpress equipment, office copiers and bindery
equipment.
"Procurement, " "procure, " or
"purchase " means the acquisition of goods and services
through lease, lease/purchase, acceptance of, contracting for, obtaining title
to, use of, or any other manner or method for acquiring an interest in a good
or service.
"Procurement authority" means an agency
authorized by statute to purchase goods and services.
"Responsible bidder " means a vendor that
has the capability in all respects to perform the contract requirements. In
determining whether a vendor is a responsible bidder, the department may
consider various factors including, but not limited to, the vendor's competence
and qualification for the type of services required, the vendor's integrity and
reliability, the past performance of the vendor relative to the quality of the
good or service, the past experience of the department in relation to the good
or service, the relative quality of the good or service, the proposed terms of
delivery, and the best interest of the state.
"Sealed" means the submission of responses
to a solicitation in a form that prevents disclosure of the contents prior to a
date and time established by the department for opening the responses. Sealed
responses may be received electronically.
"Service " or "services "
means work performed for an agency or its clients by a service provider. A
contract for services is a procurement where the predominant factor, thrust,
and purpose of the contract as reasonably stated is for services. When there is
a mixed contract for goods and services, if the predominant factor, thrust, and
purpose of the contract as reasonably stated is for service, with goods
incidentally involved, a contract for services exists.
"Services of general use " means services
that are not unique to an agency's program or that are needed by more than one
agency. This chapter applies to the purchase of services of general use.
"Software " means an ordered set of
instructions or statements that causes information technology devices to
process data and includes any program or set of programs, procedures, or
routines used to employ and control capabilities of computer hardware. As used
in these rules, "software" also includes, but is not limited to, an operating
system; compiler; assembler; utility; library resource; maintenance routine;
application; or a computer networking program's nonmechanized and nonphysical
components; arrangements; algorithms; procedures; programs; services; sequences
and routines utilized to support, guide, control, direct, or monitor
information technology equipment or applications; and "data processing
software" as defined in Iowa Code section
22.3A(1)
"e. "
"Sole source procurement" means a purchase
of a good or service in which the department or agency selects a vendor without
engaging in a competitive selection process.
"Systems software" means software designed
to support, guide, control, direct, or monitor information technology
equipment, other system software, mechanical and physical components,
arrangements, procedures, programs, services or routines.
"Targeted small business (TSB) " means a
targeted small business as defined in Iowa Code section
15.102 that is
certified by the department of inspections and appeals pursuant to Iowa Code
section
10A.104
and as authorized by Iowa Code chapter 73.
"Upgrade" means additional hardware or
software enhancements, extensions, features, options, or devices to support,
enhance, or extend the life or increase the usefulness of previously procured
information technology devices.
"Vendor" means a person, firm, corporation,
partnership, business or other commercial entity that provides services or
offers goods for sale or lease.
"Vendor on-line system " means a state
computer system that enables vendors to conduct business electronically with
the state through an Internet location on the World Wide Web.
"Web " or "Web site "
refers to an Internet location on the World Wide Web that provides information,
communications, and the means to conduct business
electronically.
