Iowa Admin. Code r. 129-11.4

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 129-11.4 - Notice of receipt of appeal to awardee and intervention

(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.

(2)Intervention. The awardee(s) may intervene within five days of such notification by filing a notice of intent to intervene with the purchasing entity.

(3)Initial disclosures - notice of appeal and public, redacted proposals and evaluation materials. Following the purchasing entity's receipt of a timely formal notice of appeal in accordance with subrule 11.3(3), the purchasing entity will transmit to the intervenor(s) a public copy from which claimed confidential or proprietary information has been excised of the formal notice of appeal and the appellant's proposal and, to the extent applicable, evaluation committee materials, documentation, analysis, and results. Subject to agreement and consent by the awardee(s) to the entry of a protective order in accordance with the provisions of this chapter governing protective orders, the purchasing entity may provide unredacted copies of the formal notice of appeal to the intervenor(s). If the intervenor(s) does not agree to the entry of a protective order, the purchasing entity will only provide the awardee(s) with a public, redacted copy of the notice of appeal. Upon written request of the intervenor, the purchasing entity will provide a public copy from which claimed confidential or proprietary information has been excised of unsuccessful vendors' proposals. The intervenor(s) shall be entitled to no additional discovery, materials, or information unless and until the proceedings advance to a second-tier review.

(4)Intervention. Within five days of the appellant's receipt of the initial disclosures required by subrule 11.4(3), the intervenor(s) may submit a written justification defending the award, which written justification shall generally conform, to the extent applicable, to the filing, form and format, and content requirements, and be subject to the same public records requirements and limitations set forth in rule 129-11.3 (8B) applicable to notices of appeal.

Iowa Admin. Code r. 129-11.4

Adopted by IAB December 18, 2019/Volume XLII, Number 13, effective 1/22/2020