Notice of Intended Action
Procurement of goods and services of general use; purchasing standards for service contracts, amendments to chs 117, 118
ARC 8776C
ADMINISTRATIVE SERVICES DEPARTMENT[11]
Notice of Intended Action
Proposing rulemaking related to information technology
and providing an opportunity for public comment
The Department of Administrative Services hereby proposes to amend Chapter 117, “Procurement of Goods and Services of General Use,” and Chapter 118, “Purchasing Standards for Service Contracts,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code section 8A.104(5).
State or Federal Law Implemented
This rulemaking implements, in whole or in part, 2024 Iowa Acts, House File 2708.
Purpose and Summary
2024 Iowa Acts, House File 2708, relates to the powers, duties, and responsibilities of state government entities associated with information technology, among other items. 2024 Iowa Acts, House File 2708, provides that the Department of Management shall be the sole authority in state government for the procurement of information technology goods and services for supported entities. The same goes for establishing information technology master agreements and for determining whether a procurement is an information technology procurement. These proposed amendments comport with 2024 Iowa Acts, House File 2708, by rescinding references to information technology within the scope of the Department’s central procurement enterprise.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on November 13, 2024. A public hearing was held on the following date(s):
●December 3, 2024
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
The Department will not grant waivers under the provisions of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 30, 2025. Comments should be directed to:
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Tami Wiencek |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
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January 30, 2025 |
Google Meet |
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January 30, 2025 |
Google Meet |
Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.
Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rulemaking action is proposed:
ITEM 1.Rescind paragraph 117.1(1)“c”.
ITEM 2.Rescind the definitions of “Board,” “Information technology device,” “Information technology services,” “Material modification,” “Negotiated contract,” “Operational standards,” “Participating agency,” “Software,” “Systems software” and “Upgrade” in rule 11—117.2(8A).
ITEM 3.Rescind subparagraph 117.5(5)“a”(5).
ITEM 4.Renumber subparagraph 117.5(5)“a”(6) as 117.5(5)“a”(5).
ITEM 5.Amend subparagraph 117.9(7)“a”(1) as follows:
(1)Information technology consultingConsulting services,
ITEM 6.Rescind paragraph 117.9(7)“i”.
ITEM 7.Rescind and reserve rule 11—117.11(8A).
ITEM 8.Rescind paragraph 117.14(4)“a”.
ITEM 9.Reletter paragraphs 117.14(4)“b” to 117.14(4)“e” as 117.14(4)“a” to 117.14(4)“d”.
ITEM 10.Rescind and reserve subrule 118.2(1).
ITEM 11.Amend rule 11—118.3(8A), definition of “Service,” as follows:
“Service” or “services” means work performed for a state agency or for its clients by a service provider and includes, but is not limited to:
1.Professional or technical expertise provided by a consultant, advisor or other technical or service provider to accomplish a specific study, review, project, task, or other work as described in the scope of work. By way of example and not by limitation, these services may include the following: accounting services; aerial surveys; aerial mapping and seeding; appraisal services; land surveying services; construction manager services; analysis and assessment of processes, programs, fiscal impact, compliance, systems and the like; auditing services; communications services; services of peer reviewers, attorneys, financial advisors, and expert witnesses for litigation; information technology consulting services; services of investment advisors and managers; marketing services; policy development and recommendations; program development; public involvement services and strategies; research services; scientific and related technical services; software development and system design; and services of underwriters, physicians, and pharmacists; or
2.No change.
ITEM 12.Amend paragraph 118.7(1)“g” as follows:
g.The procurement is an information service that is systems software or an upgrade, or compatibilityCompatibility 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.
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Closed For Comments
This notice is now closed for comments. Collection of comments closed on 1/30/2025.
Official Document
- Procurement of goods and services of general use; purchasing standards for service contracts, amendments to chs 117, 118
- Published on 1/8/2025
- 17 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 1/8/2025.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 11-117.1(1)"c" Rule 11-117.11 Rule 11-117.14(4)"a" Rule 11-117.14(4)"b" Rule 11-117.14(4)"d" Rule 11-117.14(4)"e" Rule 11-117.2 Rule 11-117.5(5)"a" Rule 11-117.9(7)"a" Rule 11-117.9(7)"i" Rule 11-118.2(1) Rule 11-118.3 Rule 11-118.7(1)"g"About
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Division of Information Technology
Des Moines, Iowa 50309
administrative-rules@iowa.gov
https://dom.iowa.gov/information-technology
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