Bill Text: IA SF170 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to bidding for purchases through a competitive bidding process by the state. (Formerly SF 15.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF170 Detail]
Download: Iowa-2013-SF170-Introduced.html
Senate
File
170
-
Introduced
SENATE
FILE
170
BY
COMMITTEE
ON
ECONOMIC
GROWTH
(SUCCESSOR
TO
SF
15)
A
BILL
FOR
An
Act
relating
to
bidding
for
purchases
through
a
competitive
1
bidding
process
by
the
state.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
170
Section
1.
Section
8A.311,
Code
2013,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
12A.
a.
If
the
lowest
responsive
bid
3
received
by
the
state
for
products
or
other
purchases
is
from
4
an
out-of-state
business
and
totals
less
than
five
hundred
5
thousand
dollars,
and
an
Iowa-based
business
submitted
a
bid
6
which
is
within
five
percent
or
ten
thousand
dollars
of
the
7
price
of
the
lowest
bid,
whichever
is
less,
the
Iowa-based
8
business
which
submitted
the
lowest
responsive
bid
shall
be
9
notified
and
shall
be
allowed
to
match
the
lowest
bid
before
10
a
contract
is
awarded.
11
b.
This
subsection
does
not
apply
to
a
request
for
bids
or
12
proposals
for
products
or
other
purchases
associated
with
the
13
following:
14
(1)
Road
or
bridge
construction
or
repair.
15
(2)
Architectural
or
engineering
services.
16
c.
This
subsection
does
not
apply
to
procurement
of
or
for
17
public
improvement
projects.
18
d.
For
purposes
of
this
subsection:
19
(1)
“Iowa-based
business”
means
an
entity
that
has
its
20
principal
place
of
business
in
Iowa.
21
(2)
“Public
improvement”
means
a
building
or
construction
22
work
which
is
constructed
under
the
control
of
a
governmental
23
entity
and
is
paid
for
in
whole
or
in
part
with
funds
of
the
24
governmental
entity,
including
a
building
or
improvement
25
constructed
or
operated
jointly
with
any
other
public
or
26
private
agency,
and
including
a
highway,
bridge,
or
culvert
27
project,
but
excluding
emergency
work
or
repair
or
maintenance
28
work
performed
by
state
employees.
29
NEW
SUBSECTION
.
12B.
a.
A
response
to
a
request
for
bids
30
or
proposals
for
products
or
other
purchases
by
the
state
which
31
totals
less
than
five
hundred
thousand
dollars
in
value
shall
32
contain
the
following
information:
33
(1)
The
percentage
of
the
ownership
of
the
submitting
34
business
which
is
held
by
Iowa
residents.
35
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170
(2)
The
percentage
of
the
employees
who
will
be
carrying
out
1
work
in
connection
with
the
contract
who
are
Iowa
residents.
2
For
the
purposes
of
this
paragraph,
“employee”
includes
3
part-time,
temporary,
contract,
and
substitute
employees,
and
4
includes
employees
of
any
contractors
or
subcontractors.
5
(3)
An
estimate
of
the
percentage
of
purchases
to
be
made
by
6
the
submitting
business
in
connection
with
the
contract
that
7
will
be
made
from
Iowa-based
businesses.
8
(4)
Documentation
showing
that
the
submitting
business
9
paid
taxes,
as
defined
in
section
445.1,
in
this
state
10
during
the
most
recently
completed
fiscal
year
for
which
such
11
documentation
is
available.
12
b.
This
subsection
does
not
apply
to
a
request
for
bids
or
13
proposals
for
products
or
other
purchases
associated
with
the
14
following:
15
(1)
Road
or
bridge
construction
or
repair.
16
(2)
Architectural
or
engineering
services.
17
c.
This
subsection
does
not
apply
to
procurement
of
or
for
18
public
improvement
projects.
19
d.
For
purposes
of
this
subsection:
20
(1)
“Iowa-based
business”
means
an
entity
that
has
its
21
principal
place
of
business
in
Iowa.
22
(2)
“Public
improvement”
means
a
building
or
construction
23
work
which
is
constructed
under
the
control
of
a
governmental
24
entity
and
is
paid
for
in
whole
or
in
part
with
funds
of
the
25
governmental
entity,
including
a
building
or
improvement
26
constructed
or
operated
jointly
with
any
other
public
or
27
private
agency,
and
including
a
highway,
bridge,
or
culvert
28
project,
but
excluding
emergency
work
or
repair
or
maintenance
29
work
performed
by
state
employees.
30
EXPLANATION
31
This
bill
provides
that
for
purchases
initiated
by
the
state
32
through
a
competitive
bidding
process,
if
the
lowest
responsive
33
bid
received
is
from
an
out-of-state
business
and
totals
less
34
than
$500,000,
and
an
in-state
business
submitted
a
bid
which
35
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S.F.
170
is
within
5
percent
or
$10,000
of
the
price
of
the
lowest
1
responsive
bid,
whichever
is
less,
the
state
shall
notify
2
the
in-state
business
which
submitted
the
lowest
responsive
3
bid
and
allow
it
to
match
the
lowest
responsive
bid
from
the
4
out-of-state
business
before
a
contract
is
awarded.
5
The
bill
also
provides
that
a
response
to
a
request
for
6
bid
or
proposal
for
a
purchase
by
the
state
which
is
less
7
than
$500,000
in
value
must
contain
certain
information.
8
The
required
information
is
the
percentage
of
the
ownership
9
of
the
submitting
business
which
is
held
by
Iowa
residents;
10
the
percentage
of
employees
who
will
be
carrying
out
work
11
in
connection
with
the
contract
who
are
Iowa
residents;
an
12
estimate
of
the
percentage
of
purchases
to
be
made
by
the
13
submitting
business
in
connection
with
the
contract
that
14
will
be
made
from
Iowa-based
businesses;
and
documentation
15
showing
that
the
submitting
business
paid
taxes,
as
defined
16
in
Code
section
445.1,
in
this
state
during
the
most
recently
17
completed
fiscal
year
for
which
such
a
figure
is
available.
18
For
the
purposes
of
determining
how
many
employees
carrying
out
19
work
in
connection
with
the
contract
will
be
Iowa
residents,
20
“employee”
includes
part-time,
temporary,
contract,
and
21
substitute
employees,
and
includes
employees
of
any
contractors
22
or
subcontractors.
23
The
bill
does
not
apply
to
a
request
for
bids
or
proposals
24
for
products
or
other
purchases
associated
with
road
or
bridge
25
construction
or
repair,
to
a
request
for
bids
or
proposals
26
for
products
or
other
purchases
associated
with
architectural
27
or
engineering
services,
or
to
procurement
of
or
for
public
28
improvement
projects.
29
The
bill
defines
“Iowa-based
business”
as
an
entity
that
30
has
its
principal
place
of
business
in
Iowa.
The
bill
defines
31
“public
improvement”
as
a
building
or
construction
work
which
32
is
constructed
under
the
control
of
a
governmental
entity
and
33
is
paid
for
in
whole
or
in
part
with
funds
of
the
governmental
34
entity,
including
a
building
or
improvement
constructed
or
35
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