Adopted and Filed

Procurement of goods and services of general use; purchasing standards for service contracts, amendments to chs 117, 118

Untitled document

ARC 9355C

ADMINISTRATIVE SERVICES DEPARTMENT[11]

Adopted and Filed

Rulemaking related to procurement of goods and services of general use
and purchasing standards for service contracts

The Administrative Services Department hereby amends 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 adopted 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, related to the powers, duties, and responsibilities of State government entities associated with information technology, among other items. 2024 Iowa Acts, House File 2708, provided 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 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.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 8, 2025, as ARC 8776C. Public hearings were held on the following date:

●January 30, 2025

No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Department on May 23, 2025.

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.

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).

Effective Date

This rulemaking will become effective on July 16, 2025.

The following rulemaking action is adopted:

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.

[Filed 5/22/25, effective 7/16/25]

[Published 6/11/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 6/11/25.

Administrative Services Department

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Official Document

  • Procurement of goods and services of general use; purchasing standards for service contracts, amendments to chs 117, 118
  • Published on 6/11/2025
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  • Adopted and Filed

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

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View the Iowa Administrative Bulletin for 6/11/2025.

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