H-8050

   Amend Senate File 183, as passed by the Senate, as follows:
   1.  Page 9, after line 16 by inserting: 
<DIVISION III
BIDDER QUALIFICATIONS
   Sec. ___.  Section 26.16, Code 2022, is amended to read as follows:
   26.16  Prequalification requirements prohibited.
   A governmental entity, other than a county or city as provided in sections 331.341 and 364.4, shall not by ordinance, rule, or any other action relating to contracts for public improvements for which competitive bids are required by this chapter impose any requirement that directly or indirectly restricts potential bidders to any predetermined class of bidders defined by experience on similar projects, size of company, union membership, or any other criteria. However, a governmental entity shall require nonresident bidders to comply with section 73A.21, subsection 4.
   Sec. ___.  Section 331.341, Code 2022, is amended by adding the following new subsections:
   NEW SUBSECTION.  6.  a.  Notwithstanding section 26.16, the board may, before making available a form for bid proposals, plans, and specifications to a prospective bidder, except suppliers and others not intending to submit a direct bid, require the prospective bidder to submit a full and complete sworn statement of qualifications. The statement shall consist of documentation relating to the following:
   (1)  Financial ability to perform.
   (2)  Possession of necessary equipment.
   (3)  Experience in the work prescribed in the public contract, including but not limited to safety record.
   (4)  Other matters that the board may require for the protection and welfare of the public in the performance of a public contract, including but not limited to the following:
   (a)  Background checks.
   (b)  Third-party drug testing.
   (c)  Accredited apprenticeship.
   (d)  Continuing education.
   (e)  Training pursuant to section 88.16.
   (f)  Applicable licensing.
   b.  The statement shall be in writing on a standard form adopted and furnished by the board. The statement shall be received not less than five days prior to the time set for the opening of bids. The contents of the statement shall be confidential and may not be disclosed except upon the written authorization of the prospective bidder furnishing the statement, for necessary use by the board in qualifying the prospective bidder, or in cases of actions by or against the prospective bidder or the board. The board shall evaluate the statement and shall find the prospective bidder either qualified or unqualified.
   NEW SUBSECTION.  7.  A bid shall not be accepted from a prospective bidder who has not submitted the statement as provided in subsection 6, provided that any prospective bidder who has previously submitted a statement to the satisfaction of the board may be exempt from resubmitting the statement if so determined by the board.
   Sec. ___.  Section 364.4, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  a.  (1)  Before making available a form for bid proposals, plans, and specifications to a prospective bidder, except suppliers and others not intending to submit a direct bid, require the prospective bidder to submit a full and complete sworn statement of qualifications, notwithstanding section 26.16. The statement shall consist of documentation relating to the following:
   (a)  Financial ability to perform.
   (b)  Possession of necessary equipment.
   (c)  Experience in the work prescribed in the public contract, including but not limited to safety record.
   (d)  Other matters that the city may require for the protection and welfare of the public in the performance of a public contract, including but not limited to the following:
   (i)  Background checks.
   (ii)  Third-party drug testing.
   (iii)  Accredited apprenticeship.
   (iv)  Continuing education.
   (v)  Training pursuant to section 88.16.
   (vi)  Applicable licensing.
   (2)  The statement shall be in writing on a standard form adopted and furnished by the city. The statement shall be received not less than five days prior to the time set for the opening of bids. The contents of the statement shall be confidential and may not be disclosed except upon the written authorization of the prospective bidder furnishing the statement, for necessary use by the city in qualifying the prospective bidder, or in cases of actions by or against the prospective bidder or the city. The city shall properly evaluate the statement and shall find the prospective bidder either qualified or unqualified.
   b.  A bid shall not be accepted from a prospective bidder who has not submitted the statement as provided in paragraph “a”, provided that any prospective bidder who has submitted a statement to the satisfaction of the city may be exempt from resubmitting the statement if so determined by the city.>
   2.  Title page, line 1, after <An Act> by inserting <concerning public construction bidding, relating to bidder qualifications and>
   3.  By renumbering as necessary.

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GJERDE of Linn