Text: S05379 Text: S05381 Text: S05300 - S05399 Text: S 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 4, by inserting after line 20 the
1 8 following:
1 9 " . "Value-added services" means government
1 10 information which requires special sorts or
1 11 formatting, or other action to provide such
1 12 information, or to provide access to government
1 13 information which is responsive to special requests
1 14 for multiple government records in customized
1 15 formats."
1 16 #3. Page 5, line 4, by inserting after the word
1 17 "Developing" the following: "and implementing".
1 18 #4. Page 5, line 8, by inserting after the word
1 19 "chapter." the following: "The department shall
1 20 implement information technology standards as
1 21 established pursuant to this chapter which are
1 22 applicable to information technology procurements for
1 23 participating agencies."
1 24 #5. Page 5, line 9, by inserting after the word
1 25 "Recommending" the following: "and implementing".
1 26 #6. Page 5, line 24, by inserting after the word
1 27 "chapter." the following: "The information technology
1 28 department shall review a request for information
1 29 technology submitted by a participating agency for
1 30 purposes of determining whether such request meets the
1 31 applicable standards established pursuant to this
1 32 chapter. Upon a determination that the request meets
1 33 such standards, the information technology shall be
1 34 procured for the participating agency by the
1 35 department of general services. Nothing in this
1 36 chapter shall be construed to prohibit or limit a
1 37 participating agency from entering into an agreement
1 38 or contract for information technology with a
1 39 qualified private entity."
1 40 #7. Page 6, by striking lines 3 through 6 and
1 41 inserting the following:
1 42 "3. SERVICE CHARGES. The department shall render
1 43 a statement to a participating agency or other
1 44 governmental entity for a reasonable and necessary
1 45 amount for information technology provided by the
1 46 department to such agency or entity. An amount
1 47 indicated on a statement rendered to a participating
1 48 agency or other governmental entity shall be paid by
1 49 such agency or entity in a manner determined by the
1 50 department of revenue and finance. Amounts charged
2 1 and paid pursuant to this".
2 2 #8. Page 6, line 9, by striking the words "as
2 3 fees".
2 4 #9. Page 8, by striking lines 21 and 22 and
2 5 inserting the following:
2 6 "(1) The director of the information technology
2 7 department."
2 8 #10. Page 8, line 29, by striking the words "chief
2 9 operating officer" and inserting the following:
2 10 "executive director".
2 11 #11. Page 8, line 30, by striking the words "chief
2 12 operating officer's" and inserting the following:
2 13 "executive director's".
2 14 #12. Page 9, line 26, by inserting after the word
2 15 "shall" the following: "annually".
2 16 #13. Page 9, line 27, by inserting after the word
2 17 "council" the following: "other than the director of
2 18 the information technology department".
2 19 #14. Page 10, by inserting after line 34 the
2 20 following:
2 21 "2A. WAIVER. The information technology council,
2 22 upon the written request of a participating agency and
2 23 for good cause shown, may grant a waiver from a
2 24 requirement otherwise applicable to a participating
2 25 agency relating to an information technology standard
2 26 established by the information technology council."
2 27 #15. Page 12, line 9, by inserting after the word
2 28 "governor." the following: "An administrator shall
2 29 report to the director regarding the day-to-day
2 30 operations of the division headed by the
2 31 administrator, and the performance of the
2 32 administrator's duties."
2 33 #16. Page 12, line 24, by striking the word
2 34 "director" and inserting the following: "governor".
2 35 #17. Page 12, line 29, by inserting after the word
2 36 "made." the following: "The administrator shall
2 37 report to the director regarding the day-to-day
2 38 operations of the bureau and the performance of the
2 39 administrator's duties."
2 40 #18. Page 13, by striking lines 27 through 30 and
2 41 inserting the following: "purpose of guiding such
2 42 procurements. Such standards, unless waived by the
2 43 council, shall apply to all information technology
2 44 procurements for participating agencies."
2 45 #19. Page 14, by inserting after line 1 the
2 46 following:
2 47 "Sec. . NEW SECTION. 14B.108 PROCUREMENT OF
2 48 INFORMATION TECHNOLOGY.
2 49 1. Notwithstanding the provisions of this section,
2 50 the information technology department and the
3 1 department of general services shall enter into an
3 2 interagency agreement regarding the division of
3 3 responsibilities between the departments associated
3 4 with the procurement of information technology which
3 5 is acceptable to both departments. The interagency
3 6 agreement shall be subject to renegotiation at least
3 7 every two years, unless an earlier time is provided
3 8 for in the interagency agreement. If the departments
3 9 are unable to agree on the terms of an interagency
3 10 agreement or upon a failure of either department to
3 11 satisfy the terms of the agreement, the departments
3 12 shall inform the department of management that an
3 13 agreement has not been reached or that one of the
3 14 departments has failed to satisfy the terms of the
3 15 agreement. The department of management, upon receipt
3 16 and review of such information, may direct the
3 17 information technology department to proceed with the
3 18 procurement of information technology as provided in
3 19 subsections 2 through 5.
3 20 2. a. Standards established by the council,
3 21 unless waived pursuant to section 14B.104, shall apply
3 22 to all information technology procurements for
3 23 participating agencies.
3 24 b. A participating agency shall submit a request
3 25 to the department for the procurement of any
3 26 information technology. The department, prior to any
3 27 acquisition of such information technology, shall make
3 28 a determination whether the requested information
3 29 technology complies with the information technology
3 30 standards established by the information technology
3 31 council.
3 32 The information technology department, at the
3 33 request of a participating agency other than a
3 34 participating agency that is granted independent
3 35 procurement authority, shall acquire the information
3 36 technology for the participating agency requesting
3 37 such information technology if it is determined to be
3 38 compliant with the standards established by the
3 39 information technology council.
3 40 A participating agency that is granted independent
3 41 procurement authority, upon a determination by the
3 42 information technology department that a proposed
3 43 information technology acquisition complies with the
3 44 information technology standards established by the
3 45 information technology council, may proceed with such
3 46 acquisition. The information technology department
3 47 shall provide advice to such participating agency
3 48 regarding the procurement of such information
3 49 technology, including any opportunity to aggregate
3 50 such purchases with other participating agencies.
4 1 c. If a determination is made that the information
4 2 technology does not comply with such standards, the
4 3 department shall disapprove the request and such
4 4 information technology shall not be procured unless a
4 5 waiver is granted pursuant to section 14B.104.
4 6 3. The information technology department, by rule,
4 7 may implement a prequalification procedure for
4 8 contractors which the department has entered or
4 9 intends to enter into agreements regarding the
4 10 procurement of information technology.
4 11 4. Notwithstanding the provisions of chapter 18,
4 12 the department may procure information technology as
4 13 provided in this section. The department may
4 14 cooperate with other governmental entities in the
4 15 procurement of information technology in an effort to
4 16 make such procurements in a cost-effective, efficient
4 17 manner as provided in this section. The department,
4 18 as deemed appropriate and cost-effective, may procure
4 19 information technology using any of the following
4 20 methods:
4 21 a. Cooperative procurement agreement. The
4 22 department may enter into a cooperative procurement
4 23 agreement with another governmental entity for the
4 24 purpose of pooling funds for the purchase of
4 25 information technology, whether such information
4 26 technology is for the use of the department or
4 27 multiple governmental entities. The cooperative
4 28 procurement agreement shall clearly specify the
4 29 purpose of the agreement and the method by which such
4 30 purpose will be accomplished. Any power exercised
4 31 under such agreement shall not exceed the power
4 32 granted to any party to the agreement.
4 33 b. Negotiated contract. The department may enter
4 34 into an agreement for the purchase of information
4 35 technology if any of the following applies:
4 36 (1) The contract price, terms, and conditions are
4 37 pursuant to the current federal supply contract, and
4 38 the purchase order adequately identifies the federal
4 39 supply contract under which the procurement is to be
4 40 made.
4 41 (2) The contract price, terms, and conditions are
4 42 no less favorable than the contractor's current
4 43 federal supply contract price, terms, and conditions;
4 44 the contractor has indicated in writing a willingness
4 45 to extend such price, terms, and conditions to the
4 46 department; and the purchase order adequately
4 47 identifies the contract relied upon.
4 48 (3) The contract is with a vendor which has a
4 49 current exclusive or nonexclusive price agreement with
4 50 the state for the information technology to be
5 1 procured, and such information technology meets the
5 2 same standards and specifications as the items to be
5 3 procured and both of the following apply:
5 4 (a) The quantity purchased does not exceed the
5 5 quantity which may be purchased under the applicable
5 6 price agreement.
5 7 (b) The purchase order adequately identifies the
5 8 price agreement relied upon.
5 9 c. Contracts let by another government entity.
5 10 The department, on its own behalf or on the behalf of
5 11 another participating agency, may procure information
5 12 technology under a contract let by another state
5 13 agency or political subdivision of this state, or
5 14 approve such procurement in the same manner by a
5 15 participating agency.
5 16 d. Reverse auction.
5 17 (1) The department may enter into an agreement for
5 18 the purchase of information technology utilizing a
5 19 reverse auction process. Such process shall result in
5 20 the purchase of information technology from the vendor
5 21 submitting the lowest responsible bid amount for the
5 22 information technology to be acquired. The
5 23 department, in establishing a reverse auction process
5 24 shall do all of the following:
5 25 (a) Determine the specifications and requirements
5 26 of the information technology to be acquired.
5 27 (b) Identify and provide notice to potential
5 28 vendors concerning the proposed acquisition.
5 29 (c) Establish prequalification requirements to be
5 30 met by a vendor to be eligible to participate in the
5 31 reverse auction.
5 32 (d) Conduct the reverse auction in a manner as
5 33 deemed appropriate by the department, and consistent
5 34 with rules adopted by the department.
5 35 (2) Prior to conducting a reverse auction, the
5 36 department shall establish a threshold amount which
5 37 shall be the maximum amount which the department is
5 38 willing to pay for the information technology to be
5 39 acquired.
5 40 (3) The department shall enter into an agreement
5 41 with a vendor who is the lowest responsible bidder
5 42 which meets the specifications or description of the
5 43 information technology to be procured, or the
5 44 department may reject all bids and begin the process
5 45 again. In determining the lowest responsible bidder,
5 46 the department may consider various factors,
5 47 including, but not limited to, the past performance of
5 48 the vendor relative to quality of product or service,
5 49 the past experience of the department in relation to
5 50 the product or service, the relative quality of
6 1 products or services, the proposed terms of delivery,
6 2 and the best interest of the state.
6 3 e. Competitive bidding. The department may enter
6 4 into an agreement for the purchase of information
6 5 technology in the same manner as provided under
6 6 section 18.6, with respect to the department of
6 7 general services.
6 8 f. In addition to the competitive bidding
6 9 procedure provided for under paragraph "e", the
6 10 information technology department may enter into an
6 11 agreement for the purchase, disposal, or other
6 12 disposition of information technology in any other
6 13 manner provided under chapter 18, in the same manner
6 14 and subject to the same limitations as the department
6 15 of general services. The information technology
6 16 department, by rule, shall provide for such
6 17 procedures.
6 18 5. The department shall adopt rules pursuant to
6 19 chapter 17A to implement the procurement methods
6 20 provided for in subsections 2 through 4."
6 21 #20. Page 14, lines 10 and 11, by striking the
6 22 words "access, including enhanced access," and
6 23 inserting the following: "access".
6 24 #21. Page 14, line 13, by striking the words
6 25 "enhanced access" and inserting the following:
6 26 "value-added services".
6 27 #22. Page 14, line 14, by striking the word
6 28 "accessing" and inserting the following: "creating
6 29 and organizing".
6 30 #23. Page 14, by striking lines 16 through 19.
6 31 #24. Page 16, line 35, by inserting after the word
6 32 "shall" the following: "annually".
6 33 #25. Page 17, line 21, by inserting after the word
6 34 "agency." the following: "However, the commission is
6 35 subject to the general operations practices and
6 36 procedures which are generally applicable to other
6 37 state agencies.
6 38 PARAGRAPH DIVIDED.
6 39 #26. Page 19, by inserting after line 6 the
6 40 following:
6 41 "Sec. . IOWA COMMUNICATIONS NETWORK STATUS. It
6 42 is the intent of the general assembly that the general
6 43 assembly, during the 2002 regular session, review the
6 44 operations of the Iowa communications network and the
6 45 information technology department for the purpose of
6 46 determining whether the oversight and administration
6 47 of the network should be under the authority of the
6 48 department."
6 49 #27. Page 19, by inserting after line 25 the
6 50 following:
7 1 "Sec. . EFFECTIVE DATE. This Act, being deemed
7 2 of immediate importance, takes effect upon enactment."
7 3 #28. Title page, line 2, by inserting after the
7 4 word "changes" the following: "and providing an
7 5 effective date".
7 6 #29. By renumbering, relettering, or redesignating
7 7 and correcting internal references as necessary.
7 8 SF 2395H
7 9 mj/jg/25
Text: S05379 Text: S05381 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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