House Study Bill 677

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            ECONOMIC GROWTH BILL BY
                                            CHAIRPERSON HOFFMAN)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to purchasing preferences for Iowa=based products
  2    and services.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6499HC 80
  5 tm/gg/14

PAG LIN

  1  1    Section 1.  Section 73.1, Code 2003, is amended by striking
  1  2 the section and inserting in lieu thereof the following:
  1  3    73.1  PREFERENCES.
  1  4    1.  Every commission, board, committee, regents
  1  5 institution, and department or agency of the state shall make
  1  6 the purchase of Iowa=based products and services to fill their
  1  7 designated mission and needs a priority when entering into
  1  8 contracts to fill such needs.  This purchasing priority shall
  1  9 include accommodations for quality, marketable quantities of
  1 10 products and services provided by the marketer of the product
  1 11 or service that will affect the long=term costs associated
  1 12 with the product or service, and the impact upon the purchaser
  1 13 and the purchaser's mission and needs.  When products or
  1 14 services provided by an Iowa=based provider are found to be in
  1 15 sufficient quantities and of a quality suited to the needs of
  1 16 the affected entity, and can be secured without significantly
  1 17 raising the costs associated with the purchase, preference
  1 18 shall be given to the Iowa=based provider over that of a
  1 19 provider existing outside the state.  This section does not
  1 20 apply to a school district purchasing food while the school
  1 21 district is participating in the federal school lunch program,
  1 22 nor shall it apply to purchasers of prescription drugs for any
  1 23 state program.
  1 24    2.  All requests made for bids and requests for proposals
  1 25 for materials, products, supplies, provisions, and other
  1 26 needed articles and services to be purchased at public expense
  1 27 shall be made in such a way to include an Iowa=based entity,
  1 28 should the sponsoring purchaser be aware that such an entity
  1 29 exists and is capable of filling the needs related to the bid
  1 30 or request.  All available efforts shall be made to
  1 31 accommodate the acceptance of bids submitted from Iowa=based
  1 32 providers of products and services that can satisfy the needs
  1 33 of purchasers of the state.
  1 34    3.  Any commission, board, committee, regents institution,
  1 35 or department or agency of the state entering into a contract
  2  1 for the purchase of products or services that exceeds twenty=
  2  2 five thousand dollars shall compile data reflecting the
  2  3 percentage of purchases made from Iowa=based entities versus
  2  4 those purchases made from entities outside the state during
  2  5 the fiscal year.  Any commission, board, committee, regents
  2  6 institution, or department or agency of the state required to
  2  7 compile data pursuant to this subsection shall submit the data
  2  8 in the form of a written report to the general assembly on or
  2  9 before October 31 following the fiscal year in which the data
  2 10 is compiled.
  2 11    Sec. 2.  Section 331.341, subsection 2, Code 2003, is
  2 12 amended to read as follows:
  2 13    2.  The board shall give preference to Iowa products and
  2 14 labor in accordance with chapter 73 and shall comply with bid
  2 15 and contract requirements in section 73.2 chapter 73.
  2 16                           EXPLANATION
  2 17    This bill relates to purchasing preferences for Iowa=based
  2 18 products and services.
  2 19    The bill provides that every commission, board, committee,
  2 20 regents institution, and department or agency of the state
  2 21 shall make the purchase of Iowa=based products and services to
  2 22 fill their designated mission and needs a priority when
  2 23 entering into contracts to fill such needs.  Currently, the
  2 24 preference provisions also apply to counties, township, school
  2 25 districts, and cities.  The bill provides that when products
  2 26 or services provided by an Iowa=based provider are found to be
  2 27 in sufficient quantities and of a quality suited to the needs
  2 28 of the affected organization, and can be secured without
  2 29 significantly raising the costs associated with the purchase,
  2 30 preference shall be given to the Iowa=based provider over that
  2 31 of a provider existing outside the state.  The bill provides
  2 32 for certain exceptions to the preference provisions.
  2 33    The bill provides that all requests made for bids and
  2 34 requests for proposals for materials, products, supplies,
  2 35 provisions, and other needed articles and services to be
  3  1 purchased at public expense shall be made in such a way to
  3  2 include an Iowa=based entity, should the sponsoring purchaser
  3  3 be aware that such an entity exists and is capable of filling
  3  4 the needs related to the bid or request.  The bill provides
  3  5 that all available efforts shall be made to accommodate the
  3  6 acceptance of bids submitted from Iowa=based providers of
  3  7 products and services that can satisfy the needs of purchasers
  3  8 of the state.
  3  9    The bill creates a reporting requirement for any
  3 10 commission, board, committee, regents institution, or
  3 11 department or agency of the state entering into a contract for
  3 12 goods and services that exceeds $25,000.
  3 13 LSB 6499HC 80
  3 14 tm/gg/14