Senate File 356 - Introduced
SENATE FILE
BY ZAUN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing contractor qualifications for bidding on
2 public works projects and specifying criteria prohibited from
3 being required of contractors on public works or public road
4 projects.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1919XS 82
7 ec/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 72.6 PUBLIC WORKS PROJECTS ==
1 2 CONTRACTOR QUALIFICATIONS.
1 3 1. DEFINITIONS. As used in this section, unless the
1 4 context otherwise provides:
1 5 a. "Public owner" means a public body, including the state
1 6 and a political subdivision of the state, an officer,
1 7 official, agency, authority, board, or commission of the state
1 8 or of a political subdivision of the state, or an institution
1 9 supported in whole or in part by public funds.
1 10 b. "Public road project" means a project under the control
1 11 of a public owner for the construction, maintenance, or repair
1 12 of a road or street that is funded, in whole or in part, by
1 13 moneys from the road use tax fund.
1 14 c. "Public works" means a building or other construction
1 15 work which is constructed under the control of a public owner
1 16 and is paid for in whole or in part with funds of a public
1 17 owner. "Public works" does not include any work done by or on
1 18 behalf of a drainage or levee district or any work funded by
1 19 federal funds where federal procurement policy applicable to
1 20 the use of the federal funds is inconsistent with the
1 21 requirements of this section.
1 22 d. "Public works project" or "project" means the
1 23 construction, maintenance, or repair of public works.
1 24 However, "public works project" does not mean a public road
1 25 project.
1 26 2. QUALIFICATIONS OF BIDDERS. Prior to awarding a
1 27 contract to perform a public works project pursuant to a
1 28 competitive bidding procedure, which contract authorizes the
1 29 expenditure of one hundred thousand dollars or more in public
1 30 funds, a public owner shall tabulate all bids received and
1 31 shall determine who is the lowest responsible bidder by
1 32 considering, in addition to the amount of the bid, all of and
1 33 only the following:
1 34 a. The past experience of the bidder in the performance of
1 35 similar projects.
2 1 b. The qualifications of the bidder to perform the type of
2 2 work required by the contract.
2 3 c. The bidder's record of reliability and timely
2 4 completion of past projects.
2 5 d. Proof of the financial responsibility of the bidder.
2 6 3. PROHIBITED CRITERIA. In determining who is the lowest
2 7 responsible bidder for purposes of awarding a contract to
2 8 perform a public works project or a public road project, a
2 9 public owner shall not do any of the following:
2 10 a. Select a bidder based in whole or in part on a
2 11 consideration of whether the bidder's employees belong to or
2 12 are represented by a labor union or a labor organization.
2 13 b. Require that the bidder selected enter into an
2 14 agreement that directly or indirectly limits or requires the
2 15 bidder to recruit, train, or hire employees from a particular
2 16 source to perform work on the public works project or the
2 17 public road project.
2 18 c. Require that the bidder selected enter into an
2 19 agreement that directly or indirectly requires the bidder to
2 20 offer particular types or amounts of health insurance, life
2 21 insurance, or disability insurance coverage or retirement
2 22 benefits to employees hired by the bidder to perform work on
2 23 the public works project or the public road project.
2 24 4. BIDDING DOCUMENTS. The criteria described in this
2 25 section that are required to be considered by the public owner
2 26 in determining who is the lowest responsible bidder shall be
2 27 included in any document requesting or inviting bids on public
2 28 works projects subject to this section.
2 29 EXPLANATION
2 30 This bill establishes contractor qualifications on public
2 31 works projects. The bill applies to the award of a contract
2 32 by a public owner to perform a public works project pursuant
2 33 to a competitive bidding procedure, when the contract
2 34 authorizes the expenditure of $100,000 or more in public
2 35 funds.
3 1 The bill provides that a public owner shall tabulate all
3 2 bids received and determine who is the lowest responsible
3 3 bidder by only considering, in addition to the amount of the
3 4 bid, the past experience of the bidder in performing similar
3 5 projects; the qualifications of the bidder to perform the type
3 6 of work required by the contract; the bidder's record of
3 7 reliability and timely completion of past projects; and proof
3 8 of the financial responsibility of the bidder.
3 9 The bill also provides that a public owner, in making a
3 10 determination of who is the lowest responsible bidder for
3 11 purposes of awarding a contract to perform a public works
3 12 project or a public road project, is prohibited from
3 13 considering whether a bidder's employees belong to a labor
3 14 union or organization; requiring that the bidder selected must
3 15 enter into an agreement that directly or indirectly requires
3 16 the bidder to recruit, train, or hire employees from a
3 17 particular source to perform work on the public works project
3 18 or a public road project; or requiring that the bidder
3 19 selected must enter into an agreement that directly or
3 20 indirectly requires the bidder to offer particular types or
3 21 amounts of health insurance, life insurance, or disability
3 22 insurance coverage or retirement benefits to employees hired
3 23 by the bidder to perform work on the public works project or a
3 24 public road project.
3 25 In addition, the bill requires that all bidding documents
3 26 requesting or inviting bids on a public works project indicate
3 27 what criteria shall be considered in awarding a contract to
3 28 the lowest responsible bidder.
3 29 The bill defines "public owner" as a public body, including
3 30 the state, a political subdivision of the state, an officer,
3 31 agency, authority, board, or commission of the state or of a
3 32 political subdivision, or an institution supported in whole or
3 33 in part by public funds.
3 34 The bill defines "public works" as a building or other
3 35 construction work which is constructed under the control of a
4 1 public owner and is paid for in whole or in part with funds of
4 2 a public owner. The bill provides that "public works" does
4 3 not include any work done by or on behalf of a drainage or
4 4 levee district or any work funded by federal funds where
4 5 federal procurement policy applicable to the use of the
4 6 federal funds is inconsistent with the requirements of this
4 7 bill.
4 8 The bill defines "public works project" or "project" as the
4 9 construction, maintenance, or repair of public works but does
4 10 not include a public road project.
4 11 LSB 1919XS 82
4 12 ec:sc/cf/24