Iowa Admin. Code r. 129-10.7
Current through Register Vol. 47, No. 11, December 11, 2024
Rule 129-10.7 - Approval process for participating agencies(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 a competitive selection document; issues any order or other acquisition document, including an order under a master information technology agreement; or otherwise seeks to procure information technology through the office or on its own procurement authority (including but not limited to where such procurement authority is delegated by the office to a participating agency elsewhere in this chapter). Prior approval is required when the information technology acquisition, project, or outsourcing satisfies any or all of the following conditions:a. Costs $25,000 or more; orb. Is projected to involve 750 agency staff hours or more; orc. Involves substantial information-security concerns, including but not limited to the sensitivity or confidentiality of the data involved; the location of the system, data to be stored therein, or both; or the data involved is subject to state or federal regulatory requirements governing data security, confidentiality, or integrity; ord. Involves significant compatibility, interoperability, or connectivity concerns. The participating agency's approval request shall be submitted in the form and manner identified by the office. Participating agencies shall not break purchasing into smaller increments in order to avoid the threshold requirements of this rule.
(2)Office's review of proposed procurement. When the office's prior approval is required by subrule 10.7(1), the office will review a proposed information technology procurement regardless of funding source, method of procurement, or agency procurement authority. The office will review a proposed procurement, without limitation: a. To determine whether the proposed procurement complies with applicable information technology governance requirements prescribed by the office, including but not limited to those of or relating to information security.b. To determine whether the proposed procurement method is advisable, considering the factors set forth in rule 129-10.6 (8B), including but not limited to whether an established master information technology agreement may be utilized to procure the proposed information technology.c. To determine whether the proposed procurement is a necessary purchase or in the best interests of the state, considering, without limitation, the factors set forth in rule 129-10.6 (8B).(3)Conditions. The office may place any condition the office finds desirable on an approval to protect the best interests of the state. For example, the office may condition its approval on:a. The incorporation of contractual protections or implementation of compensating controls to safeguard sensitive or confidential data to be stored, processed, or transmitted by or through the information technology.b. The ability of vendors to comply with state or federal regulatory requirements governing data security, confidentiality, integrity, or other similar requirements.c. The ability to achieve the necessary compatibility, interoperability, or connectivity with enterprise systems.d. Any other condition deemed desirable to protect the best interests of the state.(4)Outcome of review and requests for waiver.a. If the office approves a procurement proposed by a participating agency, in whole or in part, the procurement may proceed, subject to any conditions imposed by the office in accordance with subrule 10.7(3).b. If the office denies a procurement proposed by a participating agency, the office will notify the participating agency of the available options, which may include modifying and resubmitting the request, canceling the request, or requesting an information technology waiver from the office pursuant to 129-Chapter 8.c. A participating agency may not appeal or otherwise complain about an adverse decision rendered by the office unless or until the participating agency has requested a waiver from the office's decision pursuant to 129-Chapter 8.(5)Ongoing approval - when required. Once a procurement proposed by a participating agency is approved by the office, ongoing approval is not required, unless: a. There is a material modification to a previously approved procurement; orb. Communicated by the office to the participating agency in writing. If additional approval is required pursuant to this rule, such approval shall follow the same process outlined in subrules 10.7(1) to 10.7(4).
Iowa Admin. Code r. 129-10.7
Adopted by IAB December 18, 2019/Volume XLII, Number 13, effective 1/22/2020