Text: HSB00229 Text: HSB00231 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 73.12 TITLE AND DEFINITIONS.
1 2 1. This division may be cited as the "Iowa Software and
1 3 Information Technology Procurement Act".
1 4 2. As used in this division, unless the context otherwise
1 5 requires:
1 6 a. "Iowa software and information technology company"
1 7 means a company that is authorized to conduct business in this
1 8 state and which provides software or information technology-
1 9 related goods or services, having a physical location for the
1 10 purpose of transacting business within this state at which it
1 11 is conducting and has been conducting business for at least
1 12 six consecutive months prior to responding to a bid notice
1 13 pursuant to this division, and in the case of a corporation,
1 14 having at least fifty percent of its common stock held by
1 15 residents of this state.
1 16 b. "Software or information technology-related goods or
1 17 services" means software, firmware, or hardware to be used on,
1 18 with, or for computing, network, communications, automation,
1 19 information management, or digital media systems, as well as
1 20 systems integration, installation, design, manufacture, and
1 21 repair relating to such software, firmware, or hardware.
1 22 Sec. 2. NEW SECTION. 73.13 PROCUREMENTS.
1 23 Notwithstanding any provision of law or rule relating to
1 24 competitive bidding procedures:
1 25 1. Every agency, department, commission, board, committee,
1 26 officer, or other governing body of the state shall consider
1 27 and shall purchase, when reasonable, software or information
1 28 technology-related goods or services supplied by Iowa software
1 29 and information technology companies.
1 30 2. The director of each agency or department of state
1 31 government having purchasing authority shall issue electronic
1 32 bid notices for distribution to the Iowa software and
1 33 information technology industry web page located at the
1 34 department of economic development if the director releases a
1 35 solicitation for bids for procurement of software or
2 1 information technology-related goods or services. The notices
2 2 shall be provided to the web page manager and by electronic
2 3 mail to any Iowa software and information technology industry
2 4 leadership councils that have registered with the department
2 5 of economic development for receipt of notices forty-eight
2 6 hours prior to the issuance of all bid notices. The notices
2 7 shall contain a description of the subject of the bid, a point
2 8 of contact for the bid, and any subcontract goals included in
2 9 the bid.
2 10 3. Of the total value of anticipated procurements of goods
2 11 and services under this section, a goal shall be established
2 12 to procure at least fifty percent from Iowa software and
2 13 information technology companies. The department of economic
2 14 development shall, on a biannual basis, assess the state's
2 15 progress with respect to this goal and shall provide a report
2 16 of the progress to the general assembly by January 1 of the
2 17 year following the assessment.
2 18 4. In awarding a contract pursuant to this section for
2 19 software or information technology-related goods or services,
2 20 a director of an agency or department, or a community college,
2 21 area education agency, or school district, having purchasing
2 22 authority may use a negotiated price if the vendor is an Iowa
2 23 software and information technology company with a place of
2 24 business within fifty miles of where the goods or services
2 25 will be used. For all other purchases of software or
2 26 information technology-related goods or services, a bid
2 27 contract procedure must be used. A bid from an Iowa software
2 28 and information technology company may receive a preference of
2 29 up to five percent of the lowest total bid in comparing the
2 30 bids received. The director of the department of economic
2 31 development, the director of the department of management, or
2 32 the director of the department of general services may assist
2 33 with the bidding process or contract negotiation under this
2 34 section.
2 35 5. The applicable provisions of chapter 18, or any other
3 1 provisions pertaining to solicitations, bid evaluations,
3 2 contract awards, and other procurement matters shall apply to
3 3 procurement contracts for software or information technology-
3 4 related goods or services pursuant to this section. However,
3 5 if the provisions of this section conflict with an applicable
3 6 provision of chapter 18 or any other provision, the provisions
3 7 contained within this section shall prevail.
3 8 Sec. 3. NEW SECTION. 73.14 RULES.
3 9 The department of economic development shall adopt rules
3 10 under this division to establish an Iowa software and
3 11 information technology industry web page, and a registry of
3 12 Iowa software and information technology industry leadership
3 13 councils for providing electronic notices of bids. Other
3 14 agencies and departments are authorized to adopt such rules as
3 15 are necessary to implement the procurement procedures pursuant
3 16 to this division.
3 17 EXPLANATION
3 18 This bill contains provisions encouraging the purchase of
3 19 software and information technology produced in this state in
3 20 the state procurement process.
3 21 The bill defines an "Iowa software and information
3 22 technology company" as a company authorized to conduct
3 23 business in this state to provide software or information
3 24 technology-related goods or services, with a physical location
3 25 for transacting business in the state at which it has been
3 26 conducting business for at least six consecutive months prior
3 27 to responding to a bid notice. The bill provides that if the
3 28 company is a corporation, the company shall have at least 50
3 29 percent of its common stock held by residents of this state.
3 30 The bill defines "software or information technology-related
3 31 goods or services" as software, firmware, or hardware to be
3 32 used on, with, or for computing, network, communications,
3 33 automation, information management, or digital media systems,
3 34 as well as systems integration, installation, design,
3 35 manufacture, and repair relating to such software, firmware,
4 1 or hardware.
4 2 The bill provides that notwithstanding any provision of law
4 3 or rule relating to competitive bidding procedures, every
4 4 agency, department, commission, board, committee, officer, or
4 5 other governing body of the state shall consider and purchase,
4 6 when reasonable, goods and services supplied by Iowa software
4 7 and information technology companies. The bill provides that
4 8 electronic bid notices shall be issued for distribution to an
4 9 Iowa software and information technology industry web page to
4 10 be developed by and located at the department of economic
4 11 development if a solicitation for bids for procurement of
4 12 software or information technology-related goods or services
4 13 is being released. The bill provides that notices shall be
4 14 provided to the web page manager and by electronic mail to any
4 15 Iowa software and information technology industry leadership
4 16 councils that register with the department of economic
4 17 development for receipt of notices 48 hours prior to the
4 18 issuance of all bid notices.
4 19 The bill provides that of the total value of anticipated
4 20 procurements of goods and services under the bill, a goal
4 21 shall be established to procure at least 50 percent from Iowa
4 22 software and information technology companies. The bill
4 23 provides for a biannual assessment of the state's progress
4 24 with respect to this goal and a report of the progress by the
4 25 department of economic development to the general assembly.
4 26 The bill provides that in awarding a contract for software
4 27 or information technology-related goods or services, a
4 28 negotiated price may be used if the vendor is an Iowa software
4 29 and information technology company with a place of business
4 30 within 50 miles of where the goods or services will be used,
4 31 and that for all other purchases of software or information
4 32 technology-related goods or services, a bid contract procedure
4 33 must be used. The bill provides that a bid from an Iowa
4 34 software and information technology company may receive a
4 35 preference of up to 5 percent of the lowest total bid in
5 1 comparing the bids received.
5 2 The bill provides that these provisions shall prevail over
5 3 any conflicting provisions contained in Code chapter 18 or
5 4 elsewhere dealing with competitive bidding procedures, and
5 5 that in the event there is not a conflict such other
5 6 provisions, to the extent applicable, shall apply. The bill
5 7 additionally provides for the adoption of rules relating to
5 8 the creation of the web page, the registry, and by other
5 9 agencies and departments to implement the procurement
5 10 procedures.
5 11 LSB 2704YC 80
5 12 rn/sh/8
Text: HSB00229 Text: HSB00231 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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