Text: HSB00229                          Text: HSB00231
Text: HSB00200 - HSB00299               Text: HSB Index
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House Study Bill 230

Bill Text

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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