12.44  Iowa satisfaction and performance bond program.
  1.  Agencies of state government shall be required to waive the requirement of satisfaction, performance, surety, or bid bonds for targeted small businesses which are able to demonstrate the inability of securing such a bond because of a lack of experience, lack of net worth, or lack of capital. This waiver shall not apply to businesses with a record of repeated failure of substantial performance or material breach of contract in prior circumstances. The waiver shall be applied only to a project or individual transaction amounting to fifty thousand dollars or less, notwithstanding section 573.2. In order to qualify, the targeted small business shall provide written evidence to the economic development authority that the bond would otherwise be denied the business. The granting of the waiver shall in no way relieve the business from its contractual obligations and shall not preclude the state agency from pursuing any remedies under law upon default or breach of contract.
  2.  The economic development authority shall certify targeted small businesses for eligibility and participation in this program and shall make this information available to other state agencies.
  3.  Subdivisions of state government may also grant such a waiver under similar circumstances.
87 Acts, ch 233, §129; 88 Acts, ch 1273, §5; 90 Acts, ch 1156, §1; 92 Acts, ch 1244, §10; 2017 Acts, ch 54, §76; 2017 Acts, ch 160, §5
Referred to in §573.2
See Code editor’s note on simple harmonization
Code editor directive applied
Section amended