The definitions in Iowa Code section
8B.1 shall apply to
this chapter. In addition, the following definitions shall also apply:
"Acquisition" or "acquire"
means the same as "procurement," "procure," or "purchase.
"Acquisition document" or
"procurement document" means any document or instrument that
effectuates an acquisition of information technology, including but not limited
to a contract, agreement, purchase order, statement of work, bill of sale,
invoice, or other similar document.
"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.
"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.
"Award" means the selection of a vendor to
receive a contract, master information technology agreement, or order for
information technology as the outcome of a competitive selection
process.
"Chief information officer" or
"CIO" means the state chief information officer or the state
chief information officer's designee.
"Competitive bidding procedure" or
"competitive selection process" 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" or
"competitive selection process" includes but is not limited to a reverse
auction as permitted by subrule 10.3(4), any competitive selection process
outlined in 11-Chapter 118, or any prequalification process or subsequent
solicitation outlined in subrule 10.5(6). When used to refer to a competitive
selection process administered by another governmental entity, a "competitive
bidding procedure" or "competitive selection process" includes any competitive
bidding procedure or competitive selection process the other governmental
entity is authorized to use pursuant to its laws, rules, and
regulations.
"Competitive selection documents" means
documents prepared and issued that solicit information technology to be
purchased through a competitive selection process. A competitive selection
document may be an electronic document.
"Contract let by another governmental
entity" means either:
1. A contract entered into by another governmental entity
under which the office may order information technology on its own behalf or on
the behalf of a participating agency or other governmental entity, or approve a
participating agency's or other governmental entity's request to procure
information technology in the same manner; or
2. A contract entered into by another governmental entity as
the outcome of a competitive selection process conducted by that other
governmental entity which contract the office, or a participating agency or
other governmental entity as authorized by the office, may leverage by entering
into a separate contract for the purchase of information technology based
thereon (also referred to as a "leveraged contract"), other than a contract
entered into by the state board of regents or an institution under the control
of the state board of regents. When the leveraged contract is the result of a
competitive process administered by another governmental entity, such process
may serve as a substitute for or in lieu of the office, or a participating
agency or other governmental entity as authorized by the office, administering
its own competitive selection process.
"Emergency" includes, but is not limited to,
a condition:
1. That threatens public health, welfare or safety;
2. In which immediate action must be taken to preserve
critical services or programs;
3. That compromises the security of information systems or
lifeline critical infrastructure, or otherwise poses a substantial risk or
threat to the security, confidentiality, or integrity of sensitive or
confidential information; or
4. In which the need is a result of events or circumstances
not reasonably foreseeable.
"Emergencyprocurement" means an acquisition
resulting from an emergency need.
"Enterprise" means most or all state
agencies acting collectively.
"Fair and reasonable price" means a price
that is commensurate with the extent and complexity of the information
technology to be provided and is comparable to the price paid by other entities
for projects of similar scope and complexity.
"Formal competition" means a competitive
selection process other than informal competition, including without limitation
a request for proposals or request for bids, and which results in the
procurement of information technology.
"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 the purchasing entity makes an effort to
contact at least three prospective vendors identified by the purchasing entity
as qualified to perform the necessary work to request that vendors provide bids
or proposals for the information technology the purchasing entity needs.
"Information technology governance
documents" or "information technology governance
requirements" means compulsory information technology statutes, rules,
policies, standards, processes, or procedures which are promulgated,
administered, or enforced by the office and which govern participating
agencies' acquisition, utilization, or provision of information
technology.
"Information technology services" shall mean
the same as defined in Iowa Code chapter 8B. In addition, the term "information
technology services" shall include:
1. Cloud services, including software, platform, or
infrastructure services delivered or accessed from a remote location through an
Internet- or web-based interface. Such delivery or access models are commonly
referred to as "software-as-a-service," "platform-as-a-service,"
"infrastructure-as-a-service," or other variations of "as-a-service."
2. Service provided in connection with the provisioning of
broadband.
3. Value-added services.
"Intergovernmental agreement" means an
agreement for information technology between a state agency and any other
governmental entity, whether federal, state, or local, or any department,
division, unit or subdivision thereof.
"Iowa-based business" means an entity that
has its principal place of business in Iowa.
"Iowaproduct" means a product(s) produced in
Iowa.
"Life cycle cost" means the expected total
cost of ownership during the life of a product, including disposal
costs.
"Master information technology agreement"
means a contract entered into by the office which establishes prices, terms,
and conditions for the purchase of information technology. These contracts may
involve the needs of one or more state agencies or other governmental
entities.
"Material modification," as it relates to a
previously approved information technology procurement, means a change in the
procurement of 10 percent or $25,000, whichever is less, or a change of
sufficient importance or relevance so as to have possible significant influence
on the outcome. Participating agencies shall not break purchasing into smaller
increments in order to avoid the thresholds in this rule.
"Negotiated contract" means an agreement
that meets the requirements of Iowa Code section
8B.24(5)
"b."
"Order" means a direct purchase or a
purchase from a state contract, master information technology agreement, or
contract let by another governmental entity.
"Participating agency" shall mean the same
as defined in Iowa Code chapter 8B but does not include state agencies that are
excluded from the definition of state agency as defined in this chapter or that
are otherwise exempt pursuant to their specific enabling acts.
"Procurement," "procure, "or
"purchase" means the acquisition of information technology
through lease, lease/purchase, acceptance of, contracting for, obtaining title
or license to, use of, or any other manner or method for acquiring information
technology or an interest therein.
"Procurement authority" means a state agency
authorized by statute to purchase information technology directly; or a state
agency that has been delegated the authority to or has otherwise been
authorized to procure information technology directly by the office, including
but not limited to as such procurement authority is delegated to a
participating agency or such procurement is otherwise authorized by the office
by and pursuant to this chapter.
"Responsible bidder" or "responsible
respondent" means a vendor that has the capability in all material
respects to perform the contract requirements. In determining whether a vendor
is a responsible bidder, the purchasing entity may consider various factors,
including but not limited to the vendor's competence and qualification for the
type of information technology required, the vendor's integrity and
reliability, the past performance of the vendor relative to the information
technology to be provided, the past experience of the purchasing entity or
other governmental entities in relation to the vendor's performance, the
relative quality of the information technology as compared with similar
information technology available from other sources, the proposed terms of
delivery, and the best interests of the state.
"Reverse auction process" or
"reverse auction" means a repetitive competitive bidding
process that allows vendors to submit one or more bids, with each bid having a
lower cost than the previous bid.
"Sole source" includes, but is not limited
to, a circumstance in which a purchasing entity determines that:
1. One service provider is the only one qualified or eligible
or is quite obviously the most qualified or eligible to provide the information
technology;
2. The information technology being purchased involves work
that is of such a specialized nature or related to a specific geographic
location that only a single source, by virtue of experience, expertise,
proximity to the project, or ownership of intellectual property rights, could
most satisfactorily provide the information technology;
3. The federal government or other provider of funds for the
information technology being purchased (other than the state of Iowa) has
imposed clear and specific restrictions on the purchasing entity's use of the
funds in a way that restricts the state agency to only one information
technology provider;
4. Applicable law requires, provides for, or permits use of a
sole source procurement;
5. The procurement is for an upgrade, or compatibility is the
overriding consideration, or the procurement would prevent voidance or
termination of a warranty, or the procurement would prevent default under a
contract or other obligation;
6. Any other circumstance as the office may identify from
time to time.
"Sole source procurement" means an
acquisition occurring when one of the circumstances set forth in the definition
of "sole source" in this chapter is satisfied.
"Targetedsmall business" or
"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.
"Vendor" means a person, firm, corporation,
partnership, business or other commercial entity that offers or provides
information technology for sale, lease, or license.
