Senate File 292 - Introduced
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB 1238)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning the acquisition of certain goods and services
2 provided through the department of administrative services.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1961SV 83
5 ec/nh/14
PAG LIN
1 1 Section 1. Section 8A.122, subsection 3, Code 2009, is
1 2 amended by striking the subsection.
1 3 Sec. 2. Section 8A.201, Code 2009, is amended by adding
1 4 the following new subsection:
1 5 NEW SUBSECTION. 3A. "Infrastructure services" means
1 6 server systems, including mainframe and other server
1 7 operations, desktop support, printing, and printing
1 8 procurement services.
1 9 Sec. 3. Section 8A.201, subsection 4, Code 2009, is
1 10 amended by striking the subsection and inserting in lieu
1 11 thereof the following:
1 12 4. "Participating agency" means any state agency.
1 13 Sec. 4. Section 8A.204, subsection 3, Code 2009, is
1 14 amended by adding the following new paragraph:
1 15 NEW PARAGRAPH. h. Oversee the providing of infrastructure
1 16 services to participating agencies by the department pursuant
1 17 to section 8A.208. In addition, the board shall establish a
1 18 waiver process as provided in section 8A.208.
1 19 Sec. 5. NEW SECTION. 8A.208 INFRASTRUCTURE SERVICES.
1 20 1. The department shall be the sole provider of
1 21 infrastructure services for participating agencies. The
1 22 department may procure infrastructure services in the manner
1 23 provided in section 8A.207.
1 24 2. The technology governance board shall oversee the
1 25 services provided pursuant to this section. In addition, the
1 26 technology governance board shall adopt rules allowing for a
1 27 participating agency to seek a waiver from the requirements of
1 28 this section. The rules shall provide that a waiver shall be
1 29 granted only if the participating agency can show that it can
1 30 obtain the particular infrastructure service more economically
1 31 or that a waiver would be in the best interest of the state.
1 32 Sec. 6. Section 8A.311, subsection 10, paragraph a, Code
1 33 2009, is amended to read as follows:
1 34 a. The director shall adopt rules providing that any state
1 35 agency may, upon request and approval by the department,
2 1 purchase directly from a vendor if the direct purchasing is as
2 2 economical or more economical than purchasing through the
2 3 department, or upon a showing that direct purchasing by the
2 4 state agency would be in the best interests of the state due
2 5 to an immediate or emergency need. The rules shall include a
2 6 provision permitting a state agency to purchase directly from
2 7 a vendor, on the agency's own authority, or if the purchase
2 8 will not exceed ten thousand dollars and the purchase will
2 9 would contribute to the agency complying with or exceeding the
2 10 targeted small business procurement goals under sections 73.15
2 11 through 73.21.
2 12 Sec. 7. NEW SECTION. 8A.311A CENTRALIZED PURCHASING.
2 13 1. The department may designate goods and services of
2 14 general use that agencies shall, and governmental subdivisions
2 15 may, purchase pursuant to a master purchasing or service
2 16 contract negotiated by the department for that good or
2 17 service. The department shall negotiate a master contract
2 18 subject to the requirements of this section if the department
2 19 determines that a high=quality good or service can be acquired
2 20 by agencies and governmental subdivisions at lower cost
2 21 through negotiation of a master contract.
2 22 2. The department shall negotiate a master contract
2 23 pursuant to this section on a competitive basis, and the
2 24 purchase of a good or service pursuant to the contract shall
2 25 be deemed to satisfy any otherwise applicable competitive
2 26 bidding requirements.
2 27 3. Upon negotiation of a master contract for a good or
2 28 service pursuant to this section, an agency shall purchase the
2 29 good or service pursuant to the service contract, and shall
2 30 not expend money to purchase the good or service directly from
2 31 a vendor and not through the contract, unless any of the
2 32 following applies:
2 33 a. The department determines, upon a request by the
2 34 agency, that the agency can satisfy the requirements for
2 35 purchase of the good or service directly from a vendor as
3 1 provided in section 8A.311, subsection 10, paragraph "a".
3 2 b. The agency is purchasing the good or service pursuant
3 3 to a service contract in effect on the effective date of the
3 4 master contract. However, the agency shall terminate the
3 5 service contract if the contract permits the termination of
3 6 the contract without penalty and the agency shall not renew
3 7 the service contract beyond the term of the existing service
3 8 contract.
3 9 EXPLANATION
3 10 This bill concerns goods and services provided through the
3 11 department of administrative services.
3 12 Code section 8A.122 is amended to eliminate the provision
3 13 allowing the state board of regents to not be required to
3 14 obtain any service that is provided by the department of
3 15 administrative services without the consent of the state board
3 16 of regents.
3 17 Code section 8A.201(4) is amended to provide that all state
3 18 agencies are considered participating agencies for purposes of
3 19 information technology services provided by the department of
3 20 administrative services. Current law excludes the state board
3 21 of regents, public broadcasting, the state department of
3 22 transportation mobile radio network, the department of public
3 23 safety law enforcement communications systems, the
3 24 telecommunications and technology commission with respect to
3 25 information technology that is unique to the Iowa
3 26 communications network, the Iowa lottery authority, a judicial
3 27 district department of correctional services, and the Iowa
3 28 finance authority from the definition of a participating
3 29 agency.
3 30 New Code section 8A.208 provides that information
3 31 technology infrastructure services shall be provided by the
3 32 department of administrative services. The bill defines
3 33 infrastructure services as server systems, including mainframe
3 34 and other server operations, desktop support, printing, and
3 35 printing procurement services. The bill provides that the
4 1 technology governance board shall oversee the department's
4 2 provision of infrastructure services and requires the board to
4 3 establish a waiver process for agencies.
4 4 Code section 8A.311(10), concerning the authority of
4 5 agencies to obtain services directly from a vendor, is amended
4 6 to require the agency to obtain approval from the department
4 7 to purchase directly from a vendor. In addition, the bill
4 8 requires that a waiver may be granted if purchasing from a
4 9 vendor is more economical, and not just as economical.
4 10 New Code section 8A.311A provides authority to the
4 11 department of administrative services to require agencies to
4 12 purchase goods or services of general use as designated by the
4 13 department pursuant to a master contract negotiated by the
4 14 department. The new Code section also gives governmental
4 15 subdivisions the option to purchase goods and services
4 16 pursuant to the contract. The new Code section provides that
4 17 the department shall negotiate master contracts for a
4 18 particular service if the department determines that a
4 19 high=quality good or service can be acquired by agencies and
4 20 governmental subdivisions at lower cost through negotiation of
4 21 a master contract. The bill provides that an agency can
4 22 directly purchase the item from a vendor if the department
4 23 determines that the agency satisfies the requirements for a
4 24 direct purchase otherwise provided in Code section 8A.311(10)
4 25 or is acquired pursuant to an existing service contract.
4 26 LSB 1961SV 83
4 27 ec/nh/14