Iowa Admin. Code r. 129-11.4 - Notice of receipt of appeal to awardee and intervention
(1)
Notice of likely appeal.
Following the purchasing entity's receipt of a timely notice of intent to
appeal, the purchasing entity shall promptly give notice of the likely appeal
to the awardee(s), if any.
(2)
Intervention. The awardee(s) may intervene within five days of
such notification by filing a notice of intent to intervene with the purchasing
entity.
(3)
Initial
disclosures - notice of appeal and public, redacted proposals
and evaluation materials. Following the purchasing entity's receipt of
a timely formal notice of appeal in accordance with subrule 11.3(3), the
purchasing entity will transmit to the intervenor(s) a public copy from which
claimed confidential or proprietary information has been excised of the formal
notice of appeal and the appellant's proposal and, to the extent applicable,
evaluation committee materials, documentation, analysis, and results. Subject
to agreement and consent by the awardee(s) to the entry of a protective order
in accordance with the provisions of this chapter governing protective orders,
the purchasing entity may provide unredacted copies of the formal notice of
appeal to the intervenor(s). If the intervenor(s) does not agree to the entry
of a protective order, the purchasing entity will only provide the awardee(s)
with a public, redacted copy of the notice of appeal. Upon written request of
the intervenor, the purchasing entity will provide a public copy from which
claimed confidential or proprietary information has been excised of
unsuccessful vendors' proposals. The intervenor(s) shall be entitled to no
additional discovery, materials, or information unless and until the
proceedings advance to a second-tier review.
(4)
Intervention. Within
five days of the appellant's receipt of the initial disclosures required by
subrule 11.4(3), the intervenor(s) may submit a written justification defending
the award , which written justification shall generally conform, to the extent
applicable, to the filing, form and format, and content requirements, and be
subject to the same public records requirements and limitations set forth in
rule 129-11.3 (8B) applicable to notices of appeal.
Notes
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