Senate File 2198 - Introduced
SENATE FILE
BY BOLKCOM
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing safety standards for contractors wishing to
2 bid on state contracts.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6018XS 81
5 jr/je/5
PAG LIN
1 1 Section 1. Section 8A.311, Code Supplement 2005, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 20. Any person who wishes to bid on a
1 4 state contract for or otherwise provide construction or other
1 5 labor services must certify compliance with the safety
1 6 standards required under this subsection. The department, in
1 7 consultation with the labor commissioner, shall adopt rules
1 8 establishing safety standards for all persons providing
1 9 construction or other labor services to the state. These
1 10 standards may include but are not limited to specific safety
1 11 requirements, periodic safety training for all employees, and
1 12 drug or impairment testing requirements.
1 13 If the director determines that a contractor is not in
1 14 compliance with the safety standards, the director may
1 15 terminate the contract with the contractor, or the director
1 16 may provide the contractor with a reasonable period to come
1 17 into compliance. A contract is automatically terminated if
1 18 the failure to comply with the safety standards poses a threat
1 19 of serious injury or death, unless the director determines
1 20 that the failure can be immediately remedied.
1 21 Sec. 2. Section 216B.8, Code 2005, is amended to read as
1 22 follows:
1 23 216B.8 CONTRACT BIDS.
1 24 A bidder awarded a contract with the department shall
1 25 disclose the names of all subcontractors, who will work on the
1 26 project being bid, within forty=eight hours after the award of
1 27 the contract. If a subcontractor named by a bidder awarded a
1 28 contract is replaced, or if the cost of work to be done by a
1 29 subcontractor is reduced, the bidder shall disclose the name
1 30 of the new subcontractor or the amount of the reduced cost.
1 31 Any contract for construction or other labor services shall
1 32 comply with the safety standards set out in section 8A.311,
1 33 subsection 20. If the director determines that a contractor
1 34 is not in compliance with the safety standards, the director
1 35 may terminate the contract with the contractor, or the
2 1 director may provide the contractor with a reasonable period
2 2 to come into compliance. A contract is automatically
2 3 terminated if the failure to comply with the safety standards
2 4 poses a threat of serious injury or death, unless the director
2 5 determines that the failure can be immediately remedied.
2 6 Sec. 3. Section 262.34, subsection 2, Code Supplement
2 7 2005, is amended to read as follows:
2 8 2. A bidder awarded a contract shall disclose the names of
2 9 all subcontractors, who will work on the project being bid,
2 10 within forty=eight hours after the award of the contract. If
2 11 a subcontractor named by a bidder awarded a contract is
2 12 replaced, or if the cost of work to be done by a subcontractor
2 13 is reduced, the bidder shall disclose the name of the new
2 14 subcontractor or the amount of the reduced cost.
2 15 Any contract for construction or other labor services shall
2 16 comply with the safety standards set out in section 8A.311,
2 17 subsection 20. If the board determines that a contractor is
2 18 not in compliance with the safety standards, the board may
2 19 terminate the contract with the contractor, or the executive
2 20 secretary may provide the contractor with a reasonable period
2 21 to come into compliance. A contract is automatically
2 22 terminated if the failure to comply with the safety standards
2 23 poses a threat of serious injury or death, unless the
2 24 executive secretary determines that the failure can
2 25 immediately be remedied.
2 26 Sec. 4. Section 307.21, subsection 4, paragraph a, Code
2 27 2005, is amended to read as follows:
2 28 a. Provide centralized purchasing services for the
2 29 department, in cooperation with the department of
2 30 administrative services. Any contract for construction or
2 31 other labor services shall comply with the safety standards
2 32 set out in section 8A.311, subsection 20. If the director
2 33 determines, in consultation with the administrator that a
2 34 contractor is not in compliance with the safety standards, the
2 35 director may terminate the contract with the contractor, or
3 1 the director may provide the contractor with a reasonable
3 2 period to come into compliance. A contract is automatically
3 3 terminated if the failure to comply with the safety standards
3 4 poses a threat of serious injury or death, unless the director
3 5 determines that the failure can be immediately remedied.
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 that any person who wishes to provide
3 21 construction or other labor services to any executive branch
3 22 state agency must certify compliance with safety standards
3 23 established in rule by the department of administrative
3 24 services. Failure to comply with the safety standards may
3 25 result in the termination of the contract; however, a contract
3 26 is automatically terminated if the failure to comply with the
3 27 safety standards poses a threat of serious injury or death,
3 28 unless the agency head determines that the failure can be
3 29 immediately remedied.
3 30 LSB 6018XS 81
3 31 jr:rj/je/5