8A.202  Information technology services — mission — powers and duties — responsibilities.
  1.  Mission.  The mission of the department as it relates to information technology services is to provide high-quality, customer-focused information technology services and business solutions to government and to citizens.
  2.  Powers and duties of department.  The powers and duties of the department as it relates to information technology services shall include, but are not limited to, all of the following:
  a.  Providing information technology to agencies and other governmental entities.
  b.  Implementing the strategic information technology plan.
  c.  Developing and implementing a business continuity plan, as the director determines is appropriate, to be used if a disruption occurs in the provision of information technology to participating agencies and other governmental entities.
  d.  Prescribing standards and adopting rules relating to information technology and procurement, including but not limited to system design and systems integration and interoperability, which shall apply to all participating agencies except as otherwise provided in this chapter. The department shall implement information technology standards as established pursuant to this chapter which are applicable to information technology procurements for participating agencies.
  e.  Developing and maintaining security policies and systems to ensure the integrity of the state’s information resources and to prevent the disclosure of confidential records.
  f.  Developing and implementing effective and efficient strategies for the use and provision of information technology for participating agencies and other governmental entities.
  g.  Coordinating and managing the acquisition of information technology services by participating agencies in furtherance of the purposes of this chapter. The department shall institute procedures to ensure effective and efficient compliance with the applicable standards established pursuant to this subchapter. 
  h.  Entering into contracts, leases, licensing agreements, royalty agreements, marketing agreements, memorandums of understanding, or other agreements as necessary and appropriate to administer this subchapter.
  i.  Requesting that a participating agency provide such information as is necessary to establish and maintain an inventory of information technology used by participating agencies, and such participating agency shall provide such information to the department in a timely manner. The form and content of the information to be provided shall be determined by the department.
  j.  Charging reasonable fees, costs, expenses, charges, or other amounts to an agency, governmental entity, public official, or person or entity related to the provision, sale, use, or utilization of, or cost sharing with respect to, information technology and any intellectual property interests related thereto; research and development; proprietary hardware, software, and applications; and information technology architecture and design. The department may enter into nondisclosure agreements and take any other legal action reasonably necessary to secure a right to an interest in information technology development by or on behalf of the state of Iowa and to protect the state of Iowa’s proprietary information technology and intellectual property interests. The provisions of chapter 23A relating to noncompetition by state agencies and political subdivisions with private enterprise shall not apply to department activities authorized under this paragraph.
  k.  Charging reasonable fees, costs, expenses, charges, or other amounts to an agency, governmental entity, public official, or other person or entity to or for whom information technology or other services have been provided by or on behalf of, or otherwise made available through, the department.
  l.  Providing, selling, leasing, licensing, transferring, or otherwise conveying or disposing of information technology, or any intellectual property or other rights with respect thereto, to agencies, governmental entities, public officials, or other persons or entities.
  m.  Entering into partnerships, contracts, leases, or other agreements with public and private entities for the evaluation and development of information technology pilot projects.
  n.  Initiating and supporting the development of electronic commerce, electronic government, and internet applications across participating agencies and in cooperation with other governmental entities. The department shall foster joint development of electronic commerce and electronic government involving the public and private sectors, develop customer surveys and citizen outreach and education programs and material, and provide for citizen input regarding the state’s electronic commerce and electronic government applications.
  3.  Responsibilities.  The responsibilities of the department as it relates to information technology services include the following:
  a.  Coordinate the activities of the department in promoting, integrating, and supporting information technology in all business aspects of state government.
  b.  Provide for server systems, including mainframe and other server operations, desktop support, and applications integration.
  c.  Provide applications development, support, and training, and advice and assistance in developing and supporting business applications throughout state government.
  4.  Information technology charges.  The department shall render a statement to an agency, governmental entity, public official, or other person or entity to or for whom information technology, value-added services, or other items or services have been provided by or on behalf of, or otherwise made available through, the department. Such an agency, governmental entity, public official, or other person or entity shall pay an amount indicated on such statement in a manner determined by the department.
  5.  Waivers.
  a.  The department shall adopt rules allowing for participating agencies to seek a temporary or permanent waiver from any of the requirements of this subchapter concerning the acquisition, utilization, or provision of information technology. The rules shall provide that a waiver may be granted upon a written request by a participating agency and approval of the chief information officer. A waiver shall only be approved if the participating agency shows that a waiver would be in the best interests of the state.
  b.  Prior to approving or denying a request for a waiver, the chief information officer shall consider all of the following:
  (1)  Whether the failure to grant a waiver would violate any state or federal law; or any published policy, standard, or requirement established by a governing body other than the department.
  (2)  Whether the waiver would result in the duplication of existing services, resources, or support.
  (3)  Whether the waiver would obstruct the state’s information technology strategic plan, enterprise architecture, security plans, or any other information technology policy, standard, or requirement.
  (4)  Whether the waiver would result in excessive expenditures or expenditures above market rates.
  (5)  The life cycle of the system or application for which the waiver is requested.
  (6)  Whether the participating agency can show that it can obtain or provide the information technology more economically than the information technology can be provided by the department. For purposes of determining if the participating agency can obtain or provide the information technology more economically, the chief information officer shall consider the impact on other participating agencies if the waiver is approved or denied.
  (7)  Whether the failure to grant a waiver would jeopardize federal funding.
  c.  Rules adopted pursuant to this subsection relating to a request for a waiver, at a minimum, shall provide for all of the following:
  (1)  The request shall be in writing and signed by the head of the participating agency seeking the waiver.
  (2)  The request shall include a reference to the specific policy, standard, or requirement for which the waiver is submitted.
  (3)  The request shall include a statement of facts including a description of the problem or issue prompting the request; the participating agency’s preferred solution; an alternative approach to be implemented by the participating agency intended to satisfy the waived policy, standard, or requirement; the business case for the alternative approach; the economic justification for the waiver or a statement as to why the waiver is in the best interests of the state; the time period for which the waiver is requested; and any other information deemed appropriate.
  d.  A participating agency may appeal the decision of the chief information officer to the director within seven calendar days following the decision of the chief information officer. The director, after consultation with the technology advisory council, shall respond within fourteen days following the receipt of the appeal.
  e.  The department of public defense, including both the military division and the homeland security and emergency management division, shall not be required to obtain any information technology services pursuant to this subchapter for the department of public defense or its divisions that is provided by the department pursuant to this chapter without the consent of the adjutant general.
  6.  Dispute resolution.  If a dispute arises between the department and an agency for which the department provides or refuses to provide information technology, the dispute shall be resolved as provided in section 679A.19.
2003 Acts, ch 145, §18; 2003 Acts, ch 179, §57, 84; 2008 Acts, ch 1184, §31; 2010 Acts, ch 1031, §9, 10
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