House Study Bill 168
HOUSE FILE
BY (PROPOSED COMMITTEE ON
GOVERNMENT OVERSIGHT BILL
BY CHAIRPERSON ALONS)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to bidding requirements for state executive
2 branch purchases.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2258HC 81
5 jr/gg/14
PAG LIN
1 1 Section 1. Section 8A.311, unnumbered paragraph 1, Code
1 2 2005, is amended to read as follows:
1 3 The director shall adopt rules establishing competitive
1 4 bidding procedures and shall provide notice in an electronic
1 5 format available to the public, of every competitive bidding
1 6 opportunity offered by every state agency. Each state agency
1 7 offering a competitive bidding opportunity must comply with
1 8 the notice requirements of this paragraph and any requirements
1 9 adopted by rule.
1 10 Sec. 2. Section 8A.311, subsection 1, Code 2005, is
1 11 amended to read as follows:
1 12 1. All equipment, supplies, or services procured by the
1 13 department shall be purchased by a competitive bidding
1 14 procedure as established by rule. However, the The director
1 15 may exempt by rule purchases of noncompetitive items and
1 16 purchases in lots or quantities too small to be effectively
1 17 purchased by competitive bidding. The rules may include the
1 18 use of a master contract; however, a master contract may be in
1 19 effect for no longer than five years. Preference shall be
1 20 given to purchasing Iowa products and purchases from Iowa=
1 21 based businesses if the Iowa=based business bids submitted are
1 22 comparable in price to bids submitted by out=of=state
1 23 businesses and otherwise meet the required specifications. If
1 24 the laws of another state mandate a percentage preference for
1 25 businesses or products from that state and the effect of the
1 26 preference is that bids of Iowa businesses or products that
1 27 are otherwise low and responsive are not selected in the other
1 28 state, the same percentage preference shall be applied to Iowa
1 29 businesses and products when businesses or products from that
1 30 other state are bid to supply Iowa requirements.
1 31 Sec. 3. Section 216B.3, subsection 12, unnumbered
1 32 paragraph 1, Code 2005, is amended to read as follows:
1 33 Manage and control the property, both real and personal,
1 34 belonging to the department. To the extent practicable,
1 35 equipment, supplies, or services procured by the department
2 1 shall be purchased through a competitive bidding procedure as
2 2 established by rule. However, the director may exempt by rule
2 3 purchases of noncompetitive items and purchases in lots or
2 4 quantities too small to be effectively purchased by
2 5 competitive bidding. The rules may include the use of a
2 6 master contract; however, a master contract may be in effect
2 7 for no longer than five years.
2 8 PARAGRAPH DIVIDED. The commission shall, according to the
2 9 schedule established in this subsection, when the price is
2 10 reasonably competitive and the quality as intended, purchase
2 11 soybean=based inks and plastic products with recycled content,
2 12 including but not limited to plastic garbage can liners. For
2 13 purposes of this subsection, "recycled content" means that the
2 14 content of the product contains a minimum of thirty percent
2 15 postconsumer material.
2 16 Sec. 4. Section 262.9, Code 2005, is amended by adding the
2 17 following new subsection:
2 18 NEW SUBSECTION. 31. Require, to the extent practicable,
2 19 that all equipment, supplies, or services procured by all
2 20 institutions under the jurisdiction of the board be purchased
2 21 through a competitive bidding procedure as established by
2 22 rule. However, the secretary may exempt by rule purchases of
2 23 noncompetitive items and purchases in lots or quantities too
2 24 small to be effectively purchased by competitive bidding. The
2 25 rules may include the use of a master contract; however, a
2 26 master contract may be in effect for no longer than five
2 27 years.
2 28 Sec. 5. Section 307.21, subsection 4, paragraph a, Code
2 29 2005, is amended to read as follows:
2 30 a. Provide centralized purchasing services for the
2 31 department, in cooperation with the department of
2 32 administrative services. To the extent practicable,
2 33 equipment, supplies, or services procured by the department
2 34 shall be purchased through a competitive bidding procedure as
2 35 established by rule. However, the director may exempt by rule
3 1 purchases of noncompetitive items and purchases in lots or
3 2 quantities too small to be effectively purchased by
3 3 competitive bidding. The rules may include the use of a
3 4 master contract; however, a master contract may be in effect
3 5 for no longer than five years.
3 6 PARAGRAPH DIVIDED. The administrator shall, when the price
3 7 is reasonably competitive and the quality as intended,
3 8 purchase soybean=based inks and plastic products with recycled
3 9 content, including but not limited to plastic garbage can
3 10 liners, and shall purchase these items in accordance with the
3 11 schedule established in section 8A.315. However, the
3 12 administrator need not purchase garbage can liners in
3 13 accordance with the schedule if the liners are utilized by a
3 14 facility approved by the environmental protection commission
3 15 created under section 455A.6, for purposes of recycling. For
3 16 purposes of this subsection, "recycled content" means that the
3 17 content of the product contains a minimum of thirty percent
3 18 postconsumer material.
3 19 EXPLANATION
3 20 This bill requires the department of administrative
3 21 services to make all competitive bidding opportunities, from
3 22 all state executive branch agencies, available to the public
3 23 in an electronic format. The bill establishes a general
3 24 policy that equipment, supplies, or services procured by the
3 25 state shall be purchased using a competitive bidding
3 26 procedure, when practicable.
3 27 The bill also provides that a master contract can be in
3 28 effect only for five years. A master contract is an agreement
3 29 with a vendor to sell a good or a service at a specified
3 30 price, and allowing any number of individual sales at that
3 31 price usually to any state agency.
3 32 LSB 2258HC 81
3 33 jr:rj/gg/14