Iowa Administrative Code

These rules are intended to implement Iowa Code section 17A.3 and Iowa Code chapter 216B. [Filed 9/23/76, Notice 8/9/76—published 10/20/76, effective 11/24/76] [Filed 8/24/84, Notice 3/14/84—published 9/12/84, effective 10/18/84] [Filed 2/23/87, Notice 10/8/86—published 3/11/87, …

Congress in 1936, created a business enterprises program to give priority to the needs of blind persons in securing employment and economic opportunities. This legislation was revised in 1954 (Public Law 83-565) and again in 1974 (Public Law 93-516). The Iowa business enterprises…

of blind vendors, the department has established a state system of transfer or promotion for licensed vendors. 7.10(1) When a new vending facility is established or when a vacancy occurs in an existing facility, the department shall first provide the opportunity for transfer or p…

will complete a periodic performance evaluation of each vendor based on criteria developed by the staff and the state committee of blind vendors. Vendors in provisional status will be evaluated every three months and vendors in permanent status will be evaluated annually. 7.11(1)…

department shall execute an operating agreement with the vendor which shall detail the rights and responsibilities of the vendor and of the department in the operation of the facility.

administrative office of the department or postmarked by the fifteenth day of each month. The department will accept no more than two consecutive reports which are submitted after the deadline. When an operator exceeds this limit, the department shall impose a fine in the amount …

vending facility. Upon assignment of a new operator to the facility, the department, the outgoing operator, and the incoming operator shall establish the value of the inventory. Upon inventory settlement, the operators and the department shall use the following procedure: 1. The …

maintain all vending facility equipment in good repair and in attractive condition. When equipment becomes obsolete or no longer repairable, it is the responsibility of the department to replace the equipment. 7.15(1) During the first 45 calendar days of the vendor’s assignment t…

machine income from vending machines located on federal property which has been disbursed to the department by a property management department, agency, or instrumentality under the vending machine income sharing provisions of 34 CFR 395.8 shall accrue to each vendor operating a …

sanctions as appropriate: 7.17(1) Fines. Monetary fines shall be imposed by the department for the late filing of required reports or late payment of fees. 7.17(2) Probation. The department may place a vendor on probation of the operating agreement for a period not to exceed one …

data relevant to the operation of the business enterprises program. The department will furnish the vendor with a copy of the appropriate vending facility permit and operating agreement and the department’s administrative rules. The department will explain these documents to the …

governed by 34 CFR 361.38 (as published January 17, 2001) regarding protection, use, and release of personal information.

“Active licensee” means a licensed vendor who is currently operating a vending facility in this state. “Active participation” means routine consultation with the committee of blind vendors on all matters affecting the business enterprises program. When Congress amended the Randol…

creed, color, national origin, religion, age or physical or mental disability. These rules are intended to implement Iowa Code chapter 216D. [Filed 9/23/76, Notice 8/9/76—published 10/20/76, effective 11/24/76] [Filed 10/22/80, Notice 5/28/80—published 11/12/80, effective 12/17/8…

vendors which will advise and actively participate in routine, ongoing policy decisions made by the department in the management of the business enterprises program. The committee will hold a minimum of three meetings in each calendar year with the agenda for each meeting jointly…

place established by the department and the committee. All licensees, trainees and all other interested parties shall attend this meeting; however, only active licensees shall have the right to vote. Failure to attend two consecutive entire meetings without a written excused abse…

committee members which will take place in even-numbered years during the last calendar quarter. 7.5(1) Participation in the election shall be limited to active licensees, and shall not be contingent upon payment of dues or other fees. 7.5(2) The election shall be held by secret …

through which all applicants for the business enterprises program are screened, trained and placed in facilities. The following procedures will be utilized in assessing applicants for participation in the business enterprises program: 7.6(1) The vocational rehabilitation counselo…

applicant will execute a preplacement agreement with the department which will include: 1. The placement of the individual in trainee status until successful completion of the training program; 2. The requirement that the individual must successfully complete all components of th…

vending facility operator must be licensed by the department. The license is not transferable and is revocable for cause. 7.8(1) The requirements for obtaining a license are: a. The applicant must be blind according to the definition in 111—7.2(216D); b. The applicant must be a c…

in this state may apply to the director for reinstatement of licensure. A vending facility operator licensed or formerly licensed in any other state in accordance with applicable federal regulations may apply to the director for licensure by reciprocity. 7.9(1) The individual mus…

department for the blind’s business enterprises program: 1. Informal conciliation, 2. Hearing before the commission, 3. Full evidentiary hearing, and 4. Arbitration. These steps must occur in the order in which they are listed and are more fully described herein, except that step…

hearings, required by the Randolph-Sheppard Act, shall be conducted in Iowa. 8.2(1) Definitions: “Day” means a regular working day for employees of the state of Iowa. “Full evidentiary hearing” means the proceeding defined by the Randolph-Sheppard Act, 20 U.S.C. 107D-1(a) and 34 …

program which provides intensive instruction in alternative techniques of blindness and in development of positive attitudes about blindness. The adult orientation and adjustment center also carries out public relations and educational programs in an effort to gain public awarene…

9.2(1) Enrollment in the adult orientation and adjustment center shall be limited to persons 17 years of age or older. 9.2(2) Clients of vocational rehabilitation services or independent living rehabilitation services shall be eligible for admission to the adult orientation and a…

activities of the adult orientation and adjustment center. However, users of dog guides shall otherwise have access to all department facilities, subject to applicable state or federal laws and regulations. These rules are intended to implement Iowa Code chapter 216B. [Filed 9/17…

10.1(1) Applicability. This chapter governs: a. The process for participating agencies and other governmental entities to obtain approval from or consult with, as applicable, the office in connection with the acquisition of information technology; and b. The procurement of inform…

information technology agreement shall be as determined by the office. Following the initial term, a master information technology agreement may be extended or renewed by the office for a number of periods and in durations as determined by the office. [ARC 4825C, IAB 12/18/19, ef…

participating agency shall have a specific starting and ending date and may be structured in a manner that includes an initial term and option(s) for renewal terms. The initial term, renewal term, and total term may be of a duration as determined by the office or participating ag…

10.12(1) Notice of competitive selection. a. Opportunity posting. The office and each participating agency shall provide public notice of solicitations by posting notice of every formal competitive selection opportunity to the official centralized procurement website operated by …

10.13(1) Review of vendor performance. The office, in cooperation with other governmental entities, may periodically review the performance of vendors. State agencies obtaining information technology from vendors are encouraged to document vendor performance throughout the durati…

and agreements. 10.14(1) Information technology shall not be performed or obtained pursuant to a contract until all parties to the contract have signed a written contract. If an information technology contract requires the execution of orders or statements of work to effectuate i…

response to a solicitation is identified as proprietary or confidential by the vendor in accordance with Iowa Code section 22.7, all submissions by a vendor are public information. To facilitate a fair and objective evaluation of proposals, submissions by vendors will not be rele…

addition, the following definitions shall also apply: “Acquisition” or “acquire” means the same as “procurement,” “procure,” or “purchase.” “Acquisition document” or “procurement document” means any document or instrument that effectuates an acquisition of information technology,…

10.3(1) Methods. The office may procure information technology on its own behalf or on behalf of participating agencies or other governmental entities using any of the methods set forth in Iowa Code section 8B.24(5) or authorize participating agencies to procure information techn…

10.4(1) Master information technology agreements. In furtherance of the office’s duty to cooperate with other governmental entities in the procurement of information technology and in an effort to make such procurements in a cost-effective, efficient manner, the office may enter …

invitation to qualify, the office may prequalify a list of vendors capable of delivering particular information technology or a class of information technology. The office, in its sole discretion, may determine for what information technology or classes of information technology …

methods set forth in Iowa Code section 8B.24(5) and rule 129—10.3(8B) to utilize or to authorize a participating agency to utilize in acquiring information technology, whether to establish a master information technology agreement pursuant to rule 129—10.4(8B), or whether to preq…

10.7(1) Approval, when required. Any procurement of information technology, an information technology project, or information technology outsourcing satisfying any or all of the following conditions must receive prior approval from the office before a participating agency issues …

10.8(1) When required for nonparticipating agencies. The office of the governor and the offices of elective constitutional or statutory officers are not required to obtain prior approval from the office before acquiring information technology pursuant to rule 129—10.7(8B). Howeve…

requirements set forth in rules 129—10.7(8B) and 129—10.8(8B), participating agencies may procure information technology through a competitive selection process administered by the participating agency consistent with the purchasing thresholds and requirements established by this…

11.1(1) The office is required to institute procedures to ensure effective and efficient compliance with information technology standards established by the office, and to develop policies and procedures that apply to all information technology goods and services acquisitions and…

11.10(1) When available. a. Any party appealing the issuance of a notice of award may petition for stay of the award pending its review. The petition for stay shall be filed with the notice of appeal, shall state the reasons justifying a stay, and shall be accompanied by an addit…

11.11(1) General rule/purpose. To facilitate the fair and objective evaluation of proposals and cost- effective administration of vendor appeal processes, information and materials of or related to procurement processes or awards will not be released or otherwise available for pu…

the basis of a vendor appeal. Any attempted vendor appeal that fits into one of the following categories shall be dismissed anytime sufficient information is obtained to determine the appeal fits into one of the following categories. 11.12(1) Contract administration. Relating to …

to this chapter. In addition, the following definitions shall also apply: “Award,” for purposes of this chapter, means the selection of a vendor to receive a contract, master information technology agreement, or order for information technology as the outcome of a competitive sel…

11.3(1) Notice of intent to appeal. Any vendor that filed a timely bid or proposal and that is aggrieved or adversely affected by an award (“appellant”), including a decision of the purchasing entity to disqualify a vendor, may appeal the decision by filing a notice of intent to …

11.4(1) Notice of likely appeal. Following the purchasing entity’s receipt of a timely notice of intent to appeal, the purchasing entity shall promptly give notice of the likely appeal to the awardee(s), if any. 11.4(2) Intervention. The awardee(s) may intervene within five days …

11.5(1) Internal review. Following the receipt of a notice of appeal in accordance with rule 129—11.3(8B) and written justification or expiration of the period for intervention in accordance with rule 129—11.4(8B), the purchasing entity shall conduct an internal review of the gro…

purchasing entity’s own motion or if requested by the appellant or intervenor following an adverse first-tier review decision, the purchasing entity may grant an opportunity for the adversely affected party to appear before the purchasing entity for an informal discussion and deb…