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 -1- SF170.1033 (1) 85 je/nh 1/ 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 -2- SF170.1033 (1) 85 je/nh 2/ 2