Bill Text: IA HF2320 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act permitting counties and cities to award competitively bid contracts for purchases and projects to local and in=state bidders under certain circumstances and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-17 - Introduced, referred to Commerce. H.J. 246. [HF2320 Detail]
Download: Iowa-2015-HF2320-Introduced.html
House File 2320 - Introduced HOUSE FILE BY RIZER A BILL FOR 1 An Act permitting counties and cities to award competitively 2 bid contracts for purchases and projects to local and 3 in=state bidders under certain circumstances and including 4 applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5921YH (3) 86 je/nh PAG LIN 1 1 Section 1. NEW SECTION. 73.13 County and city competitive 1 2 bidding == permissible local and state preference. 1 3 1. Notwithstanding any other provision of law other than 1 4 section 73.11 to the contrary: 1 5 a. If a county engages in a competitive bidding process 1 6 for a contract for any purchase or project, the county may 1 7 award the contract to a responsive, responsible bidder whose 1 8 principal place of business is located within the boundaries 1 9 of the county, regardless of whether such bidder submitted 1 10 the lowest bid. If the county received multiple responsive, 1 11 responsible bids from bidders whose principal place of business 1 12 is located within the boundaries of the county, only the bidder 1 13 that submitted the lowest bid may be awarded the contract in 1 14 this way. 1 15 b. If a county engages in a competitive bidding process 1 16 for a contract for any purchase or project, and the county 1 17 receives no responsive, responsible bids from bidders whose 1 18 principal place of business is located within the boundaries of 1 19 the county, the county may award the contract to a responsive, 1 20 responsible bidder whose principal place of business is located 1 21 in Iowa, regardless of whether such bidder submitted the lowest 1 22 bid. If the county received multiple responsive, responsible 1 23 bids from bidders whose principal place of business is located 1 24 in Iowa, only the bidder that submitted the lowest bid may be 1 25 awarded the contract in this way. 1 26 2. Notwithstanding any other provision of law other than 1 27 section 73.11 to the contrary: 1 28 a. If a city engages in a competitive bidding process for a 1 29 contract for any purchase or project, the city may award the 1 30 contract to a responsive, responsible bidder whose principal 1 31 place of business is located within the boundaries of the city, 1 32 regardless of whether such bidder submitted the lowest bid. If 1 33 the city received multiple responsive, responsible bids from 1 34 bidders whose principal place of business is located within 1 35 the boundaries of the city, only the bidder that submitted the 2 1 lowest bid may be awarded the contract in this way. 2 2 b. If a city engages in a competitive bidding process for 2 3 a contract for any purchase or project, and the city receives 2 4 no responsive, responsible bids from bidders whose principal 2 5 place of business is located within the boundaries of the city, 2 6 the city may award the contract to a responsive, responsible 2 7 bidder whose principal place of business is located in Iowa, 2 8 regardless of whether such bidder submitted the lowest bid. If 2 9 the city received multiple responsive, responsible bids from 2 10 bidders whose principal place of business is located in Iowa, 2 11 only the bidder that submitted the lowest bid may be awarded 2 12 the contract in this way. 2 13 3. This section shall not be construed to require a county 2 14 or city that engages in a competitive bidding process for a 2 15 contract for any purchase or project to award the contract 2 16 to any bidder other than the lowest responsive, responsible 2 17 bidder. 2 18 Sec. 2. APPLICABILITY. This Act applies to competitive 2 19 bidding processes initiated by counties and cities on and after 2 20 January 1, 2017. 2 21 EXPLANATION 2 22 The inclusion of this explanation does not constitute agreement with 2 23 the explanation's substance by the members of the general assembly. 2 24 This bill permits a county that engages in a competitive 2 25 bidding process for a contract for any purchase or project to 2 26 award the contract to a responsive, responsible bidder whose 2 27 principal place of business is located within the boundaries 2 28 of the county, regardless of whether such bidder submitted 2 29 the lowest bid. If the county received multiple responsive, 2 30 responsible bids from bidders whose principal place of business 2 31 is located within the boundaries of the county, only the bidder 2 32 that submitted the lowest bid may be awarded the contract in 2 33 this way. 2 34 The bill permits a county that engages in a competitive 2 35 bidding process for a contract for any purchase or project and 3 1 that receives no responsive, responsible bids from bidders 3 2 whose principal place of business is located within the 3 3 boundaries of the county to award the contract to a responsive, 3 4 responsible bidder whose principal place of business is located 3 5 in Iowa, regardless of whether such bidder submitted the lowest 3 6 bid. If the county received multiple responsive, responsible 3 7 bids from bidders whose principal place of business is located 3 8 in Iowa, only the bidder that submitted the lowest bid may be 3 9 awarded the contract in this way. 3 10 The bill permits cities to engage in similar actions. 3 11 The bill applies notwithstanding any other provision of law 3 12 to the contrary. 3 13 The bill shall not be construed to require a county or city 3 14 that engages in a competitive bidding process for a contract 3 15 for any purchase or project to award the contract to any bidder 3 16 other than the lowest responsive, responsible bidder. 3 17 Under current Code section 73.11, a provision of the bill 3 18 would be suspended if the attorney general determines that such 3 19 provision would cause denial of funds or services from the 3 20 United States government which would otherwise be available, or 3 21 would otherwise be inconsistent with requirements of federal 3 22 law, but only to the extent necessary to prevent denial of 3 23 such funds or services or to eliminate the inconsistency with 3 24 federal requirements. 3 25 The bill applies to competitive bidding processes initiated 3 26 by counties and cities on and after January 1, 2017. 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