Senate
File
170
S-3040
Amend
Senate
File
170
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
2
and
inserting:
3
<
Section
1.
Section
8A.311,
Code
2013,
is
amended
4
by
adding
the
following
new
subsections:
5
NEW
SUBSECTION
.
12A.
a.
If
the
lowest
responsive
6
bid
received
by
the
state
for
products
or
other
7
purchases
is
from
an
out-of-state
business
and
totals
8
less
than
five
hundred
thousand
dollars,
and
an
9
Iowa-based
business
submitted
a
bid
which
is
within
10
five
percent
or
ten
thousand
dollars
of
the
price
of
11
the
lowest
bid,
whichever
is
less,
the
Iowa-based
12
business
which
submitted
the
lowest
responsive
bid
13
shall
be
notified
and
shall
be
allowed
to
match
the
14
lowest
bid
before
a
contract
is
awarded.
15
b.
This
subsection
does
not
apply
to
a
request
16
for
bids
or
proposals
for
products
or
other
purchases
17
associated
with
the
following:
18
(1)
Road
or
bridge
construction
or
repair.
19
(2)
Architectural
or
engineering
services.
20
c.
This
subsection
does
not
apply
to
procurement
of
21
or
for
public
improvement
projects.
22
d.
This
subsection
does
not
apply
when
such
23
applicability
would
cause
the
same
preference
to
be
24
applied
under
the
laws
of
another
state
against
an
25
Iowa-based
business
participating
in
a
competitive
26
bidding
process
in
such
state.
27
e.
For
purposes
of
this
subsection:
28
(1)
“Iowa-based
business”
means
an
entity
that
has
29
its
principal
place
of
business
in
Iowa.
30
(2)
“Public
improvement”
means
a
building
or
31
construction
work
which
is
constructed
under
the
32
control
of
a
governmental
entity
and
is
paid
for
in
33
whole
or
in
part
with
funds
of
the
governmental
entity,
34
including
a
building
or
improvement
constructed
or
35
operated
jointly
with
any
other
public
or
private
36
agency,
and
including
a
highway,
bridge,
or
culvert
37
project,
but
excluding
emergency
work
or
repair
or
38
maintenance
work
performed
by
state
employees.
39
NEW
SUBSECTION
.
12B.
a.
A
response
to
a
request
40
for
bids
or
proposals
for
products
or
other
purchases
41
by
the
state
which
totals
less
than
five
hundred
42
thousand
dollars
in
value
shall
contain
the
following
43
information:
44
(1)
The
percentage
of
the
ownership
of
the
45
submitting
business
which
is
held
by
Iowa
residents.
46
(2)
The
percentage
of
the
employees
who
will
be
47
carrying
out
work
in
connection
with
the
contract
48
who
are
Iowa
residents.
For
the
purposes
of
this
49
paragraph,
“employee”
includes
part-time,
temporary,
50
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2
#1.
contract,
and
substitute
employees,
and
includes
1
employees
of
any
contractors
or
subcontractors.
2
(3)
An
estimate
of
the
percentage
of
purchases
3
to
be
made
by
the
submitting
business
in
connection
4
with
the
contract
that
will
be
made
from
Iowa-based
5
businesses.
6
(4)
Documentation
showing
that
the
submitting
7
business
paid
taxes,
as
defined
in
section
445.1,
in
8
this
state
during
the
most
recently
completed
fiscal
9
year
for
which
such
documentation
is
available.
10
b.
This
subsection
does
not
apply
to
a
request
11
for
bids
or
proposals
for
products
or
other
purchases
12
associated
with
the
following:
13
(1)
Road
or
bridge
construction
or
repair.
14
(2)
Architectural
or
engineering
services.
15
c.
This
subsection
does
not
apply
to
procurement
of
16
or
for
public
improvement
projects.
17
d.
This
subsection
does
not
apply
when
such
18
applicability
would
cause
the
same
preference
to
be
19
applied
under
the
laws
of
another
state
against
an
20
Iowa-based
business
participating
in
a
competitive
21
bidding
process
in
such
state.
22
e.
For
purposes
of
this
subsection:
23
(1)
“Iowa-based
business”
means
an
entity
that
has
24
its
principal
place
of
business
in
Iowa.
25
(2)
“Public
improvement”
means
a
building
or
26
construction
work
which
is
constructed
under
the
27
control
of
a
governmental
entity
and
is
paid
for
in
28
whole
or
in
part
with
funds
of
the
governmental
entity,
29
including
a
building
or
improvement
constructed
or
30
operated
jointly
with
any
other
public
or
private
31
agency,
and
including
a
highway,
bridge,
or
culvert
32
project,
but
excluding
emergency
work
or
repair
or
33
maintenance
work
performed
by
state
employees.
>
34
______________________________
CHARLES
SCHNEIDER
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