Text: H08747 Text: H08749 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2395, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 4, line 18, by inserting after the figure
1 4 "8D.3" the following: ", with respect to information
1 5 technology that is unique to the Iowa communications
1 6 network".
1 7 #2. Page 5, line 4, by inserting after the word
1 8 "Developing" the following: "and implementing".
1 9 #3. Page 5, line 8, by inserting after the word
1 10 "chapter." the following: "The department shall
1 11 implement information technology standards as
1 12 established pursuant to this chapter which are
1 13 applicable to information technology procurements for
1 14 participating agencies."
1 15 #4. Page 5, line 9, by inserting after the word
1 16 "Recommending" the following: "and implementing".
1 17 #5. Page 5, line 24, by inserting after the word
1 18 "chapter." the following: "The information technology
1 19 department shall review a request for information
1 20 technology submitted by a participating agency for
1 21 purposes of determining whether such request meets the
1 22 applicable standards established pursuant to this
1 23 chapter. Upon a determination that the request meets
1 24 such standards, the information technology shall be
1 25 procured for the participating agency by the
1 26 department of general services. Nothing in this
1 27 chapter shall be construed to prohibit or limit a
1 28 participating agency from entering into an agreement
1 29 or contract for information technology with a
1 30 qualified private entity."
1 31 #6. Page 6, by striking lines 3 through 6 and
1 32 inserting the following:
1 33 "3. SERVICE CHARGES. The department shall render
1 34 a statement to a participating agency or other
1 35 governmental entity for a reasonable and necessary
1 36 amount for information technology provided by the
1 37 department to such agency or entity. An amount
1 38 indicated on a statement rendered to a participating
1 39 agency or other governmental entity shall be paid by
1 40 such agency or entity in a manner determined by the
1 41 department of revenue and finance. Amounts charged
1 42 and paid pursuant to this".
1 43 #7. Page 6, line 9, by striking the words "as
1 44 fees".
1 45 #8. Page 8, by striking lines 21 and 22 and
1 46 inserting the following:
1 47 "(1) The director of the information technology
1 48 department."
1 49 #9. Page 8, line 29, by striking the words "chief
1 50 operating officer" and inserting the following:
2 1 "executive director".
2 2 #10. Page 8, line 30, by striking the words "chief
2 3 operating officer's" and inserting the following:
2 4 "executive director's".
2 5 #11. Page 9, line 26, by inserting after the word
2 6 "shall" the following: "annually".
2 7 #12. Page 9, line 27, by inserting after the word
2 8 "council" the following: "other than the director of
2 9 the information technology department".
2 10 #13. Page 10, by inserting after line 34 the
2 11 following:
2 12 "2A. WAIVER. The information technology council,
2 13 upon the written request of a participating agency and
2 14 for good cause shown, may grant a waiver from a
2 15 requirement otherwise applicable to a participating
2 16 agency relating to an information technology standard
2 17 established by the information technology council."
2 18 #14. Page 12, line 9, by inserting after the word
2 19 "governor." the following: "An administrator shall
2 20 report to the director regarding the day-to-day
2 21 operations of the division headed by the
2 22 administrator, and the performance of the
2 23 administrator's duties."
2 24 #15. Page 12, line 24, by striking the word
2 25 "director" and inserting the following: "governor".
2 26 #16. Page 12, line 29, by inserting after the word
2 27 "made." the following: "The administrator shall
2 28 report to the director regarding the day-to-day
2 29 operations of the bureau and the performance of the
2 30 administrator's duties."
2 31 #17. Page 13, by striking lines 27 through 30 and
2 32 inserting the following: "purpose of guiding such
2 33 procurements. Such standards, unless waived by the
2 34 council, shall apply to all information technology
2 35 procurements for participating agencies."
2 36 #18. Page 14, by inserting after line 1 the
2 37 following:
2 38 "Sec. . NEW SECTION. 14B.108 PROCUREMENT OF
2 39 INFORMATION TECHNOLOGY.
2 40 1. Notwithstanding the provisions of this section,
2 41 the information technology department and the
2 42 department of general services shall enter into an
2 43 interagency agreement regarding the division of
2 44 responsibilities between the departments associated
2 45 with the procurement of information technology which
2 46 is acceptable to both departments. The interagency
2 47 agreement shall be subject to renegotiation at least
2 48 every two years, unless an earlier time is provided
2 49 for in the interagency agreement. If the departments
2 50 are unable to agree on the terms of an interagency
3 1 agreement or upon a failure of either department to
3 2 satisfy the terms of the agreement, the departments
3 3 shall inform the department of management that an
3 4 agreement has not been reached or that one of the
3 5 departments has failed to satisfy the terms of the
3 6 agreement. The department of management, upon receipt
3 7 and review of such information, may direct the
3 8 information technology department to proceed with the
3 9 procurement of information technology as provided in
3 10 subsections 2 through 5.
3 11 2. a. Standards established by the council,
3 12 unless waived pursuant to section 14B.104, shall apply
3 13 to all information technology procurements for
3 14 participating agencies.
3 15 b. A participating agency shall submit a request
3 16 to the department for the procurement of any
3 17 information technology. The department, prior to any
3 18 acquisition of such information technology, shall make
3 19 a determination whether the requested information
3 20 technology complies with the information technology
3 21 standards established by the information technology
3 22 council.
3 23 The information technology department, at the
3 24 request of a participating agency other than a
3 25 participating agency that is granted independent
3 26 procurement authority, shall acquire the information
3 27 technology for the participating agency requesting
3 28 such information technology if it is determined to be
3 29 compliant with the standards established by the
3 30 information technology council.
3 31 A participating agency that is granted independent
3 32 procurement authority, upon a determination by the
3 33 information technology department that a proposed
3 34 information technology acquisition complies with the
3 35 information technology standards established by the
3 36 information technology council, may proceed with such
3 37 acquisition. The information technology department
3 38 shall provide advice to such participating agency
3 39 regarding the procurement of such information
3 40 technology, including any opportunity to aggregate
3 41 such purchases with other participating agencies.
3 42 c. If a determination is made that the information
3 43 technology does not comply with such standards, the
3 44 department shall disapprove the request and such
3 45 information technology shall not be procured unless a
3 46 waiver is granted pursuant to section 14B.104.
3 47 3. The information technology department, by rule,
3 48 may implement a prequalification procedure for
3 49 contractors which the department has entered or
3 50 intends to enter into agreements regarding the
4 1 procurement of information technology.
4 2 4. Notwithstanding the provisions of chapter 18,
4 3 the department may procure information technology as
4 4 provided in this section. The department may
4 5 cooperate with other governmental entities in the
4 6 procurement of information technology in an effort to
4 7 make such procurements in a cost-effective, efficient
4 8 manner as provided in this section. The department,
4 9 as deemed appropriate and cost-effective, may procure
4 10 information technology using any of the following
4 11 methods:
4 12 a. Cooperative procurement agreement. The
4 13 department may enter into a cooperative procurement
4 14 agreement with another governmental entity for the
4 15 purpose of pooling funds for the purchase of
4 16 information technology, whether such information
4 17 technology is for the use of the department or
4 18 multiple governmental entities. The cooperative
4 19 procurement agreement shall clearly specify the
4 20 purpose of the agreement and the method by which such
4 21 purpose will be accomplished. Any power exercised
4 22 under such agreement shall not exceed the power
4 23 granted to any party to the agreement.
4 24 b. Negotiated contract. The department may enter
4 25 into an agreement for the purchase of information
4 26 technology if any of the following applies:
4 27 (1) The contract price, terms, and conditions are
4 28 pursuant to the current federal supply contract, and
4 29 the purchase order adequately identifies the federal
4 30 supply contract under which the procurement is to be
4 31 made.
4 32 (2) The contract price, terms, and conditions are
4 33 no less favorable than the contractor's current
4 34 federal supply contract price, terms, and conditions;
4 35 the contractor has indicated in writing a willingness
4 36 to extend such price, terms, and conditions to the
4 37 department; and the purchase order adequately
4 38 identifies the contract relied upon.
4 39 (3) The contract is with a vendor which has a
4 40 current exclusive or nonexclusive price agreement with
4 41 the state for the information technology to be
4 42 procured, and such information technology meets the
4 43 same standards and specifications as the items to be
4 44 procured and both of the following apply:
4 45 (a) The quantity purchased does not exceed the
4 46 quantity which may be purchased under the applicable
4 47 price agreement.
4 48 (b) The purchase order adequately identifies the
4 49 price agreement relied upon.
4 50 c. Contracts let by another government entity.
5 1 The department, on its own behalf or on the behalf of
5 2 another participating agency, may procure information
5 3 technology under a contract let by another state
5 4 agency or political subdivision of this state, or
5 5 approve such procurement in the same manner by a
5 6 participating agency.
5 7 d. Reverse auction.
5 8 (1) The department may enter into an agreement for
5 9 the purchase of information technology utilizing a
5 10 reverse auction process. Such process shall result in
5 11 the purchase of information technology from the vendor
5 12 submitting the lowest responsible bid amount for the
5 13 information technology to be acquired. The
5 14 department, in establishing a reverse auction process
5 15 shall do all of the following:
5 16 (a) Determine the specifications and requirements
5 17 of the information technology to be acquired.
5 18 (b) Identify and provide notice to potential
5 19 vendors concerning the proposed acquisition.
5 20 (c) Establish prequalification requirements to be
5 21 met by a vendor to be eligible to participate in the
5 22 reverse auction.
5 23 (d) Conduct the reverse auction in a manner as
5 24 deemed appropriate by the department, and consistent
5 25 with rules adopted by the department.
5 26 (2) Prior to conducting a reverse auction, the
5 27 department shall establish a threshold amount which
5 28 shall be the maximum amount which the department is
5 29 willing to pay for the information technology to be
5 30 acquired.
5 31 (3) The department shall enter into an agreement
5 32 with a vendor who is the lowest responsible bidder
5 33 which meets the specifications or description of the
5 34 information technology to be procured, or the
5 35 department may reject all bids and begin the process
5 36 again. In determining the lowest responsible bidder,
5 37 the department may consider various factors,
5 38 including, but not limited to, the past performance of
5 39 the vendor relative to quality of product or service,
5 40 the past experience of the department in relation to
5 41 the product or service, the relative quality of
5 42 products or services, the proposed terms of delivery,
5 43 and the best interest of the state.
5 44 e. Competitive bidding. The department may enter
5 45 into an agreement for the purchase of information
5 46 technology in the same manner as provided under
5 47 section 18.6, with respect to the department of
5 48 general services.
5 49 f. In addition to the competitive bidding
5 50 procedure provided for under paragraph "e", the
6 1 information technology department may enter into an
6 2 agreement for the purchase, disposal, or other
6 3 disposition of information technology in any other
6 4 manner provided under chapter 18, in the same manner
6 5 and subject to the same limitations as the department
6 6 of general services. The information technology
6 7 department, by rule, shall provide for such
6 8 procedures.
6 9 5. The department shall adopt rules pursuant to
6 10 chapter 17A to implement the procurement methods
6 11 provided for in subsections 2 through 4."
6 12 #19. Page 16, line 35, by inserting after the word
6 13 "shall" the following: "annually".
6 14 #20. Page 17, by striking lines 19 through 21 and
6 15 inserting the following: "technically compatible.
6 16 The".
6 17 #21. Page 19, by inserting after line 6 the
6 18 following:
6 19 "Sec. . IOWA COMMUNICATIONS NETWORK STATUS. It
6 20 is the intent of the general assembly that the general
6 21 assembly, during the 2002 regular session, review the
6 22 operations of the Iowa communications network and the
6 23 information technology department for the purpose of
6 24 determining whether the oversight and administration
6 25 of the network should be under the authority of the
6 26 department."
6 27 #22. Page 19, by inserting after line 25 the
6 28 following:
6 29 "Sec. . EFFECTIVE DATE. This Act, being deemed
6 30 of immediate importance, takes effect upon enactment."
6 31 #23. Title page, line 2, by inserting after the
6 32 word "changes" the following: "and providing an
6 33 effective date".
6 34 #24. By renumbering, relettering, or redesignating
6 35 and correcting internal references as necessary.
6 36
6 37
6 38
6 39 JACOBS of Polk
6 40 SF 2395.205 78
6 41 mj/gg
Text: H08747 Text: H08749 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
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