9.26 Competition with Private Sector
Overview
It is the policy of the Board of Regents that the University shall not engage
in competition with private enterprise unless the activity will assist in
the education, research, extension, or service mission of the institutions.
Although the university is granted specific exemptions under Iowa Code Section
23A.2 (l0)k and Board administrative rules (681-9.4), it is the desire of
the university to minimize potential conflicts and competition with private
sector businesses.
Policy Statement
All activities involving the sale of goods, services, or facility usage
shall be in accordance with an authorization and statement of purpose approved
by the Vice President for Administration and Finance. This approval will
be given only after a review which demonstrates that one or more of the
following conditions is met:
(a) The activity is deemed to be an integral part of the institution's educational,
research, public service, or campus support functions, or other educational
and support activities.
(b) The activity is needed to provide an integral good or service which
is not reasonably available in the community, or the activity is needed
to provide an integral good or service at time, price, location, or terms
which are not reasonably available in the community.
(c) The activity is carried out for the primary benefit of the campus community
and is incidental to the education, research, service, or extension missions
of the university.
(d) The activity is carried out due to the importance of maintaining the
quality of the institution.
Reviewing Activities
A review committee composed of a representative or designee selected by
the President and two representatives selected by the Vice-President for
Administration and Finance will be appointed and charged with the following:
1. Review existing or proposed campus activities where goods, services,
or facilities currently are being provided but also are available from the
private sector to determine compliance with the statutes and Board administrative
rules.
2. Recommend to the Vice-President for Administration and Finance approval,
changes, abandonment, or consolidation of existing or proposed activities.
3. Review written appeals and recommend appropriate action.
4. Periodically meet with representatives from the local community and/or
private sector and theVice-President to discuss policy or specific problems
associated with services or goods provided by the university.
Appeals
A private enterprise seeking to appeal an activity of the university shall
submit a written request for review to the Vice-President for Administration
and Finance, describing the activity and providing examples of alleged unfair
or inappropriate competition. If the private enterprise is dissatisfied
with the university's response it may submit a written request for assistance
to the Executive Director of the Board of Regents.
Policy Review
This policy and its implementation should be reviewed after it has been
operational for three years. | 
