Text: SSB03073 Text: SSB03075 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8A.311, unnumbered paragraph 1, Code 1 2 Supplement 2003, is amended to read as follows: 1 3 The director shall adopt rules establishing competitive 1 4 bidding procedures. Every purchase in excess of fifty 1 5 thousand dollars, including purchases otherwise authorized in 1 6 subsection 8, must be made through a competitive bidding 1 7 process, regardless of the existence of any master contract or 1 8 agreement that may otherwise be available for that purchase. 1 9 Sec. 2. Section 8A.311, subsection 1, Code Supplement 1 10 2003, is amended to read as follows: 1 11 1. All equipment, supplies, or services procured by the 1 12 department shall be purchased by a competitive bidding 1 13 procedure. However, the director may exempt by rule purchases 1 14 of noncompetitive items and purchases in lots or quantities 1 15 too small to be effectively purchased by competitive bidding. 1 16 Preference shall be given to purchasing Iowa products and 1 17 purchases from Iowa-based businesses if the Iowa-based 1 18 business bids submitted are comparable in price to bids 1 19 submitted by out-of-state businesses and otherwise meet the 1 20 required specifications. The department shall also give 1 21 preference to a small business, as defined in section 15.102, 1 22 if the bids are comparable in price to other bids submitted 1 23 and otherwise meet the required specifications. The 1 24 department shall establish a goal that fifty percent of the 1 25 value of all purchases made by state agencies each fiscal year 1 26 will be made from small businesses. If the laws of another 1 27 state mandate a percentage preference for businesses or 1 28 products from that state and the effect of the preference is 1 29 that bids of Iowa businesses or products that are otherwise 1 30 low and responsive are not selected in the other state, the 1 31 same percentage preference shall be applied to Iowa businesses 1 32 and products when businesses or products from that other state 1 33 are bid to supply Iowa requirements. 1 34 Sec. 3. Section 8A.311, subsection 8, unnumbered paragraph 1 35 1, Code Supplement 2003, is amended to read as follows: 2 1TheExcept as otherwise provided in this section, the 2 2 director shall adopt rules providing that any state agency 2 3 may, upon request, purchase directly from a vendor if the 2 4 direct purchasing is as economical or more economical than 2 5 purchasing through the department, or upon a showing that 2 6 direct purchasing by the state agency would be in the best 2 7 interests of the state due to an immediate or emergency need. 2 8 The rules shall include a provision permitting a state agency 2 9 to purchase directly from a vendor, on the agency's own 2 10 authority, if the purchase will not exceed five thousand 2 11 dollars and the purchase will contribute to the agency 2 12 complying with or exceeding the targeted small business 2 13 procurement goals under sections 73.15 through 73.21. 2 14 Sec. 4. NEW SECTION. 73.12 SOFTWARE AND INFORMATION 2 15 TECHNOLOGY PURCHASES BY STATE. 2 16 1. GOAL ESTABLISHED. Every agency, department, 2 17 commission, board, committee, officer, or other governing body 2 18 of this state shall in good faith consider purchasing and 2 19 shall purchase, when reasonable, software or information 2 20 technology-related goods or services supplied by software and 2 21 information technology companies located in this state. Of 2 22 the total value of anticipated procurement of goods and 2 23 services under this section, a statewide goal shall be 2 24 established to procure at least sixty percent of all such 2 25 purchases each fiscal year from software and information 2 26 technology companies located in this state. The department of 2 27 administrative services shall, on an annual basis, assess the 2 28 state's progress with respect to this goal and shall provide a 2 29 report of the progress to the government oversight committee 2 30 by January 1 each year. 2 31 2. PURCHASING SOFTWARE AND INFORMATION TECHNOLOGY. 2 32 a. Purchases of software and information technology goods 2 33 or services over fifty thousand dollars must be made using a 2 34 request for proposal and shall not be made using a master 2 35 contract without first seeking competitive bids. All master 3 1 contracts for purchases of software and information technology 3 2 goods or services shall be limited to two years in duration 3 3 and shall be nonrenewable. 3 4 b. When issuing a request for proposal for software or 3 5 information technology goods or services, all agencies, 3 6 departments, commissions, boards, committees, and other 3 7 governing bodies of this state shall post the request for 3 8 proposal on a centralized internet website provided and 3 9 maintained by the department of administrative services and 3 10 report all subsequent contract awards as a result of each 3 11 request for proposal on the website. The department of 3 12 administrative services shall provide an electronic 3 13 notification feature on this website that allows qualified 3 14 vendors to receive e-mail notification when a new request for 3 15 proposal is posted and awarded. Responses to and awards 3 16 relating to requests for proposal not posted on this site 3 17 using the required timeline for notification are 3 18 unenforceable. 3 19 Sec. 5. Section 73.16, subsection 2, unnumbered paragraph 3 20 1, Code 2003, is amended to read as follows: 3 21 The director of each agency or department of state 3 22 government having purchasing authority shall establish an 3 23 overall procurement goal from small business, as defined in 3 24 section 15.102, of fifty percent of the value of anticipated 3 25 procurements of goods and services, including construction, 3 26 but not including utility services, each fiscal year. This 3 27 goal includes procurements from certified targeted small 3 28 businesses. The director of each agency or department of 3 29 state government having purchasing authority shall establish a 3 30 procurement goal from certified targeted small businesses 3 31 identified pursuant to section 10A.104, subsection 8, of at 3 32 least ten percent of the value of anticipated procurements of 3 33 goods and services, including construction, but not including 3 34 utility services, each fiscal year. The director of each 3 35 department and agency of state government shall cooperate with 4 1 the director of the department of inspections and appeals, the 4 2 director of the department of economic development, and the 4 3 director of the department of management and do all acts 4 4 necessary to carry out the provisions of this division. 4 5 Sec. 6. Section 216B.3, subsection 12, unnumbered 4 6 paragraph 1, Code Supplement 2003, is amended to read as 4 7 follows: 4 8 Manage and control the property, both real and personal, 4 9 belonging to the department. Every purchase by the department 4 10 in excess of fifty thousand dollars must be made through a 4 11 competitive bidding process, regardless of the existence of 4 12 any master contract or agreement that may otherwise be 4 13 available for that purchase. The commission shall, according 4 14 to the schedule established in this subsection, when the price 4 15 is reasonably competitive and the quality as intended, 4 16 purchase soybean-based inks and plastic products with recycled 4 17 content, including but not limited to plastic garbage can 4 18 liners. For purposes of this subsection, "recycled content" 4 19 means that the content of the product contains a minimum of 4 20 thirty percent postconsumer material. 4 21 Sec. 7. Section 262.9, Code Supplement 2003, is amended by 4 22 adding the following new subsection: 4 23 NEW SUBSECTION. 32. Every purchase by the board and any 4 24 institution under its jurisdiction in excess of fifty thousand 4 25 dollars must be made through a competitive bidding process, 4 26 regardless of the existence of any master contract or 4 27 agreement that may otherwise be available for that purchase. 4 28 Sec. 8. Section 307.21, subsection 4, paragraph a, Code 4 29 Supplement 2003, is amended to read as follows: 4 30 a. Provide centralized purchasing services for the 4 31 department, in cooperation with the department of 4 32 administrative services. Every purchase in excess of fifty 4 33 thousand dollars must be made through a competitive bidding 4 34 process, regardless of the existence of any master contract or 4 35 agreement that may otherwise be available for that purchase. 5 1 PARAGRAPH DIVIDED. The administrator shall, when the price 5 2 is reasonably competitive and the quality as intended, 5 3 purchase soybean-based inks and plastic products with recycled 5 4 content, including but not limited to plastic garbage can 5 5 liners, and shall purchase these items in accordance with the 5 6 schedule established in section 8A.315. However, the 5 7 administrator need not purchase garbage can liners in 5 8 accordance with the schedule if the liners are utilized by a 5 9 facility approved by the environmental protection commission 5 10 created under section 455A.6, for purposes of recycling. For 5 11 purposes of this subsection, "recycled content" means that the 5 12 content of the product contains a minimum of thirty percent 5 13 postconsumer material. 5 14 EXPLANATION 5 15 This bill requires that all purchases by an executive 5 16 branch state agency and in excess of $50,000 be done through a 5 17 competitive bidding process, without regard to any master 5 18 contract or agreement that might otherwise be available for 5 19 that purchase. The bill also establishes a goal of 50 per 5 20 cent of state purchasing from small business located in Iowa. 5 21 The term small business is defined in Iowa law and includes 5 22 any enterprise which is located in this state, which is 5 23 operated for profit and under a single management, and which 5 24 has either fewer than 20 employees or an annual gross income 5 25 of less than $3 million computed as the average of the three 5 26 preceding fiscal years. This 50 percent goal does include the 5 27 current 10 percent goal for purchasing from targeted small 5 28 businesses. 5 29 The bill also establishes a special goal, applying to all 5 30 state agencies, for purchasing at least 60 percent of software 5 31 and information technology from companies located in Iowa. 5 32 The bill establishes a procedure for the acquisition of 5 33 software and information technology that includes a request 5 34 for proposal and limits the use of master contracts. 5 35 LSB 5934XC 80 6 1 jr/sh/8
Text: SSB03073 Text: SSB03075 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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