House File 197 - Introduced HOUSE FILE 197 BY PETTENGILL and VANDER LINDEN A BILL FOR An Act concerning the contract bidding process for public 1 improvement projects conducted by the state board of 2 regents. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2051YH (2) 87 tr/rj

H.F. 197 Section 1. Section 262.34, subsection 1, Code 2017, is 1 amended to read as follows: 2 1. a. When the estimated cost of construction, repairs, or 3 improvement of buildings or grounds under charge of the state 4 board of regents exceeds one hundred thousand dollars, the 5 board shall advertise do all of the following: 6 (1) Advertise for bids for the contemplated improvement or 7 construction and shall let by publishing a notice to bidders. 8 The notice to bidders shall be published at least once, not 9 less than four days and not more than forty-five days before 10 the date for filing bids, in a newspaper published at least 11 once weekly and having general circulation in the geographic 12 area of contemplated improvement or construction. The board 13 may also publish a notice in a relevant contractor organization 14 publication or relevant contractor plan room service with 15 statewide circulation if a notice is posted on an internet site 16 sponsored by the board. 17 (2) Have an engineer licensed under chapter 542B, a 18 landscape architect licensed under chapter 544B, or an 19 architect registered under chapter 544A prepare plans and 20 specifications and calculate the estimated total cost of 21 the contemplated improvement or construction. The board 22 shall ensure that a sufficient number of printed copies of 23 the project’s contract documents, including but not limited 24 to all drawings, plans, specifications, and estimated total 25 costs of the proposed improvement or construction, are made 26 available for distribution at no charge to prospective bidders, 27 subcontractor bidders, suppliers, and contractor plan room 28 services. 29 (3) Let the work to the lowest responsible bidder. However, 30 if 31 b. If, in the judgment of the board , bids received are 32 not acceptable, the board may reject all bids , after making a 33 specific finding identifying the basis for the rejection of 34 each bid received, and proceed with the construction, repair, 35 -1- LSB 2051YH (2) 87 tr/rj 1/ 3

H.F. 197 or improvement by a method as the board may determine. All 1 plans and specifications for repairs or construction, together 2 with bids on the plans or specifications, shall be filed by the 3 board and be open for public inspection. All bids submitted 4 under this section shall be accompanied by a deposit of money, 5 a certified check, or a credit union certified share draft in 6 an amount as the board may prescribe. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill modifies the contract bidding process conducted 11 by the state board of regents. 12 Currently, when the estimated cost of construction, repairs, 13 or improvement of buildings or grounds under charge of the 14 state board of regents exceeds $100,000, the board of regents 15 must advertise for bids for the contemplated work and shall 16 let the work to the lowest responsible bidder. However, if 17 in the judgment of the state board of regents bids received 18 are not acceptable, the state board of regents may reject all 19 bids and proceed with the work by a method as the state board 20 of regents may determine. All plans and specifications for 21 repairs or construction, together with bids on the plans or 22 specifications, must be filed by the state board of regents 23 and be open for public inspection. All bids submitted under 24 this Code section must be accompanied by a deposit of money, a 25 certified check, or a credit union certified share draft in an 26 amount as the state board of regents may prescribe. 27 Under the bill, when the estimated cost of the work exceeds 28 $100,000, the state board of regents must advertise for bids 29 by publishing notice at least once, not less than four and 30 not more than 45 days before the date for filing bids, in a 31 newspaper published at least weekly with a general circulation 32 in the geographical area of the work. The state board of 33 regents may also publish notice in a relevant contractor 34 organization publication or relevant contractor plan room 35 -2- LSB 2051YH (2) 87 tr/rj 2/ 3

H.F. 197 service with statewide circulation, provided that a notice is 1 posted on an internet site sponsored by the state board of 2 regents. 3 The state board of regents must also have a licensed or 4 registered engineer, landscape architect, or architect prepare 5 plans and specifications and calculate the estimated total 6 cost of the contemplated improvement or construction. The 7 state board of regents must ensure that a sufficient number of 8 printed copies of the project’s contract documents are made 9 available for distribution at no charge to prospective bidders, 10 subcontractor bidders, suppliers, and contractor plan room 11 services. 12 If the state board of regents determines that none of the 13 bids are acceptable, the board, under the bill, must identify a 14 specific reason for rejecting each bid received and may proceed 15 with the work by a method as the board may determine, as the law 16 currently prescribes. 17 -3- LSB 2051YH (2) 87 tr/rj 3/ 3