House
File
2013
-
Introduced
HOUSE
FILE
2013
BY
WILLS
A
BILL
FOR
An
Act
relating
to
procurement
procedures
for
state
agencies.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
8A.311,
subsection
10,
Code
2016,
is
1
amended
to
read
as
follows:
2
10.
a.
The
director
shall
adopt
rules
providing
that
any
3
state
agency
may
,
upon
request
and
approval
by
the
department,
4
purchase
directly
from
a
vendor
if
the
direct
purchasing
5
is
more
economical
than
purchasing
through
the
department,
6
if
the
agency
shows
that
direct
purchasing
by
the
state
7
agency
would
be
in
the
best
interests
of
the
state
due
to
8
an
immediate
or
emergency
need,
or
if
the
purchase
will
not
9
exceed
ten
thousand
dollars
and
the
purchase
would
contribute
10
to
the
agency
complying
with
the
targeted
small
business
11
procurement
goals
under
sections
73.15
through
73.21
.
A
state
12
agency
that
makes
such
a
purchase
shall
promptly
notify
the
13
department
that
the
agency
has
done
so.
The
notification
shall
14
include
documentation
demonstrating
that
the
purchase
met
the
15
criteria
for
a
direct
purchase
provided
in
this
subsection.
16
Prior
notification
of
or
approval
by
the
department
for
such
17
purchases
shall
not
be
required.
Competitive
bidding
shall
not
18
be
required
for
such
purchases.
19
b.
Any
member
of
the
executive
council
may
bring
before
20
the
executive
council
for
review
a
decision
of
the
director
21
granting
a
state
agency
request
for
direct
purchasing.
The
22
executive
council
shall
hear
and
review
the
director’s
decision
23
in
the
same
manner
as
an
appeal
filed
by
an
aggrieved
bidder,
24
except
that
the
three-day
period
for
filing
for
review
shall
25
not
apply.
26
Sec.
2.
Section
8A.311A,
subsection
3,
paragraph
a,
Code
27
2016,
is
amended
to
read
as
follows:
28
a.
The
department
determines,
upon
a
request
by
the
agency,
29
that
the
agency
can
satisfy
satisfies
the
requirements
for
30
purchase
of
the
good
or
service
directly
from
a
vendor
as
31
provided
in
section
8A.311,
subsection
10
,
paragraph
“a”
.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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Current
law
permits
a
state
agency,
upon
request
and
1
approval
by
the
department
of
administrative
services,
to
make
2
a
purchase
of
goods
or
services
directly
from
a
vendor,
rather
3
than
purchasing
through
the
department,
if
one
of
certain
4
conditions
is
met.
One
of
the
conditions
is
if
the
purchase
5
will
not
exceed
$10,000
and
the
purchase
would
contribute
to
6
the
agency
complying
with
targeted
small
business
procurement
7
goals.
8
This
bill
modifies
that
condition
to
permit
a
state
agency
9
to
engage
in
direct
purchasing
for
any
purchase
that
will
10
not
exceed
$10,000.
The
bill
strikes
the
requirement
for
11
a
prior
request
and
approval
by
the
department
for
direct
12
purchasing.
The
bill
requires
a
state
agency
that
makes
such
13
a
purchase
to
promptly
notify
the
department
that
it
has
done
14
so.
The
bill
provides
that
the
notification
must
include
15
documentation
demonstrating
that
the
purchase
met
the
criteria
16
for
a
direct
purchase
provided
in
the
bill.
The
bill
provides
17
that
prior
notification
of
or
approval
by
the
department
for
18
such
purchases
shall
not
be
required.
The
bill
provides
that
19
competitive
bidding
shall
not
be
required
for
such
purchases.
20
The
bill
also
provides
that
a
state
agency
that
meets
the
21
requirements
for
direct
purchasing
provided
in
the
bill
may
22
engage
in
direct
purchasing
instead
of
purchasing
pursuant
to
a
23
master
contract
established
by
the
department.
24
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