House File 553 - Introduced
HOUSE FILE
BY MURPHY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring that preference be given, when considering bids
2 and proposals for a state contract for data entry or call
3 center services, to vendors through whom such work will be
4 provided by United States citizens or persons authorized to
5 work in the United States and providing for related matters
6 and an effective date.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
8 TLSB 2726HH 81
9 kh/gg/14
PAG LIN
1 1 Section 1. Section 8A.311, subsection 1, Code 2005, is
1 2 amended to read as follows:
1 3 1. All equipment, supplies, or services procured by the
1 4 department shall be purchased by a competitive bidding
1 5 procedure. However, the director may exempt by rule purchases
1 6 of noncompetitive items and purchases in lots or quantities
1 7 too small to be effectively purchased by competitive bidding.
1 8 Preference shall be given to purchasing Iowa products and
1 9 purchases from Iowa=based businesses if the Iowa=based
1 10 business bids submitted are comparable in price to bids
1 11 submitted by out=of=state businesses and otherwise meet the
1 12 required specifications. If the laws of another state mandate
1 13 a percentage preference for businesses or products from that
1 14 state and the effect of the preference is that bids of Iowa
1 15 businesses or products that are otherwise low and responsive
1 16 are not selected in the other state, the same percentage
1 17 preference shall be applied to Iowa businesses and products
1 18 when businesses or products from that other state are bid to
1 19 supply Iowa requirements. When considering bids and proposals
1 20 for state contracts requiring the performance of data entry or
1 21 call center services, preference shall be given to vendors
1 22 through whom such services will be solely provided by citizens
1 23 of the United States who reside within the United States, or
1 24 any person authorized to work in the United States pursuant to
1 25 federal law, including legal resident aliens in the United
1 26 States, as provided in section 73.1, subsection 3.
1 27 Sec. 2. Section 73.1, Code 2005, is amended to read as
1 28 follows:
1 29 73.1 PREFERENCE == CONDITIONS.
1 30 1. Every commission, board, committee, officer or other
1 31 governing body of the state, or of any county, township,
1 32 school district or city, and every person acting as
1 33 contracting or purchasing agent for any such commission,
1 34 board, committee, officer or other governing body shall use
1 35 only those products and provisions grown and coal produced
2 1 within the state of Iowa, when they are found in marketable
2 2 quantities in the state and are of a quality reasonably suited
2 3 to the purpose intended, and can be secured without additional
2 4 cost over foreign products or products of other states. This
2 5 section shall apply to horticultural products grown in this
2 6 state even if the products are not in the stage of processing
2 7 that the agency usually purchases the product. However, this
2 8 section does not apply to a school district purchasing food
2 9 while the school district is participating in the federal
2 10 school lunch program.
2 11 2. All requests for proposals for materials, products,
2 12 supplies, provisions, and other needed articles and services
2 13 to be purchased at public expense shall not knowingly be
2 14 written in such a way as to exclude an Iowa=based company
2 15 capable of filling the needs of the purchasing entity from
2 16 submitting a responsive proposal.
2 17 3. A state department, institution, or agency, or any
2 18 board member, commissioner, director, manager, or other person
2 19 connected with any such department, institution, or agency,
2 20 shall give preference, when considering bids and proposals for
2 21 state contracts requiring the performance of data entry or
2 22 call center services, to vendors through whom such services
2 23 will be solely provided by citizens of the United States who
2 24 reside within the United States, or any person authorized to
2 25 work in the United States pursuant to federal law, including
2 26 legal resident aliens in the United States. Any vendor who
2 27 receives such a preference in the bid and proposal process and
2 28 is ultimately awarded such a contract shall provide such
2 29 periodic assurances as the state shall require, that the
2 30 services are solely provided by citizens of the United States
2 31 who reside within the United States, or any person authorized
2 32 to work in the United States pursuant to federal law,
2 33 including legal resident aliens in the United States.
2 34 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
2 35 immediate importance, takes effect upon enactment.
3 1 EXPLANATION
3 2 This bill requires that preference in the awarding of state
3 3 contracts for data entry or call center services be granted to
3 4 vendors through whom such services will be solely provided by
3 5 citizens of the United States, or any person authorized to
3 6 work in the U.S., including legal resident aliens in the U.S.,
3 7 and requires the director of the department of administrative
3 8 services to include the preference for such services in rules
3 9 adopted establishing competitive bidding procedures.
3 10 LSB 2726HH 81
3 11 kh:nh/gg/14.1