Iowa Admin. Code r. 441-7.45 - [Effective until 3/26/2025] Stay of agency action for bidder appeal
(1)
When a stay may be requested.
a. Any party appealing the issuance of a
notice of disqualification or notice of award may petition for stay of the
decision pending its review. The petition for stay shall be filed with the
notice of appeal, shall state the reasons justifying a stay, and shall be
accompanied by an appeal bond equal to 120 percent of the contract
value.
b. Any party adversely
affected by a final decision and order may petition the department fora stay of
that decision and order pending judicial review. The petition for stay shall be
filed with the director within five days of receipt of the final decision and
order and shall state the reasons justifying a stay.
(2)
When a stay is granted.
In determining whether to grant a stay, the director shall consider the factors
listed in Iowa Code section
17A.19(5)
"c."
(3)
Vacation. A stay may be vacated by the issuing authority upon
application of the department or any other party.
Notes
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(1) When a stay may be requested.
a. Any party appealing the issuance of a notice of disqualification or notice of award may petition for stay of the decision pending its review. The petition for stay shall be filed with the notice of appeal, shall state the reasons justifying a stay, and shall be accompanied by an appeal bond equal to 120 percent of the contract value.
b. Any party adversely affected by a final decision and order may petition the department fora stay of that decision and order pending judicial review. The petition for stay shall be filed with the director within five days of receipt of the final decision and order and shall state the reasons justifying a stay.
(2) When a stay is granted. In determining whether to grant a stay, the director shall consider the factors listed in Iowa Code section 17A.19(5) "c."
(3) Vacation. A stay may be vacated by the issuing authority upon application of the department or any other party.