House File 730 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON PUBLIC SAFETY

                                       (SUCCESSOR TO HF 417)


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

                                      A BILL FOR

  1 An Act concerning procurement of products manufactured by Iowa
  2    state prison industries.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1818HV 83
  5 ec/rj/14

PAG LIN



  1  1    Section 1.  Section 8A.122, subsection 3, Code 2009, is
  1  2 amended to read as follows:
  1  3    3.  The Except for purchasing products pursuant to a master
  1  4 purchasing contract negotiated pursuant to section 8A.313,
  1  5 subsection 2, the state board of regents shall not be required
  1  6 to obtain any service for the state board of regents or any
  1  7 institution under the control of the state board of regents
  1  8 that is provided by the department pursuant to this chapter
  1  9 without the consent of the state board of regents.
  1 10    Sec. 2.  Section 8A.313, Code 2009, is amended to read as
  1 11 follows:
  1 12    8A.313  DISPUTES INVOLVING PURCHASING FROM IOWA STATE
  1 13 INDUSTRIES == DISPUTES == EXCEPTIONS.
  1 14    1.  Disputes arising between the department of corrections
  1 15 and a purchasing department or agency over the procurement of
  1 16 products from Iowa state industries as described in section
  1 17 904.808 shall be referred to the director.  The decision of
  1 18 the director is final unless a written appeal is filed with
  1 19 the executive council within five days of receipt of the
  1 20 decision of the director, excluding Saturdays, Sundays, and
  1 21 legal holidays.  If an appeal is filed, the executive council
  1 22 shall hear and determine the appeal within thirty days.  The
  1 23 decision of the executive council is final.
  1 24    2.  The department shall have the authority to negotiate,
  1 25 on a competitive basis, master purchasing contracts concerning
  1 26 products subject to the requirements of section 904.808.
  1 27 State agencies shall, and governmental subdivisions may,
  1 28 purchase products pursuant to a master purchasing contract
  1 29 negotiated pursuant to this subsection and such a purchase
  1 30 shall be deemed to satisfy any otherwise applicable
  1 31 competitive bidding requirements.
  1 32    Sec. 3.  Section 904.808, subsection 1, Code 2009, is
  1 33 amended by adding the following new paragraph:
  1 34    NEW PARAGRAPH.  c.  When the purchase is made through a
  1 35 master purchasing contract negotiated by the department of
  2  1 administrative services pursuant to section 8A.313, subsection
  2  2 2.
  2  3    Sec. 4.  DEPARTMENT OF ADMINISTRATIVE SERVICES == MASTER
  2  4 FURNITURE CONTRACT.
  2  5    1.  The department of administrative services shall, as
  2  6 soon as practicable, utilize a request for proposals process
  2  7 to negotiate a master purchasing contract pursuant to section
  2  8 8A.313 to allow governmental entities to purchase furniture.
  2  9    2.  Iowa state prison industries shall be permitted to bid
  2 10 on the request for proposals and the request for proposals
  2 11 shall express a preference for awarding a contract to an
  2 12 Iowa=based furniture manufacturer consistent with the
  2 13 preference requirements of section 8A.311, subsection 1.  In
  2 14 addition, the master contract shall, if practicable, allow a
  2 15 governmental entity the authority to request additional bid
  2 16 pricing from the manufacturer if the expected cost of the
  2 17 purchase exceeds a threshold amount as provided in the
  2 18 contract.  The master contract shall provide that governmental
  2 19 entities, as defined in section 8A.101, shall be allowed to
  2 20 purchase products included in the contract.
  2 21                           EXPLANATION
  2 22    This bill concerns the purchase of products currently
  2 23 manufactured by Iowa state prison industries.
  2 24    Code section 8A.313 is amended to authorize the department
  2 25 of administrative services to negotiate master purchasing
  2 26 contracts for products currently manufactured by Iowa state
  2 27 prison industries.  The bill also provides that if a master
  2 28 purchasing contract is negotiated, state agencies shall, and
  2 29 governmental subdivisions may, purchase the product based on
  2 30 the contract.  Code section 8A.122 is amended to provide that
  2 31 the state board of regents and any institution under the
  2 32 control of the regents shall be required to purchase from the
  2 33 master contract regardless of whether the regents have given
  2 34 their consent.
  2 35    The bill also requires the department of administrative
  3  1 services, as soon as practicable, to utilize a request for
  3  2 proposals process to negotiate a master purchasing contract
  3  3 for furniture.  The bill provides that Iowa=based
  3  4 manufacturers shall be preferred if otherwise comparable in
  3  5 price and that Iowa state prison industries shall be allowed
  3  6 to bid on the contract.
  3  7 LSB 1818HV 83
  3  8 ec/rj/14