House File 783 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON ECONOMIC
                                           GROWTH

                                       (SUCCESSOR TO HF 582)


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

                                      A BILL FOR

  1 An Act relating to small business concerns regarding contracts
  2    with the department of transportation, and providing an
  3    applicability date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2504HV 83
  6 ak/nh/5

PAG LIN



  1  1    Section 1.  Section 314.14, Code 2009, is amended to read
  1  2 as follows:
  1  3    314.14  CONTRACTS SET ASIDE FOR DISADVANTAGED SMALL
  1  4 BUSINESS ENTERPRISES CONCERNS.
  1  5    1.  DEFINITIONS.  As used in this section:
  1  6    a.  "Small business" means any enterprise, which is
  1  7 operated for profit and under a single management, and which
  1  8 has either fewer than twenty employees or an annual gross
  1  9 income of less than four million dollars computed as the
  1 10 average of the three business's preceding fiscal years.  This
  1 11 definition does not apply to any program or activity for which
  1 12 a definition for small business is provided for the program or
  1 13 activity by federal law or regulation or other state law.
  1 14    a.  b.  "Disadvantaged business enterprise" means a small
  1 15 "Small business concern concern" means a small business which
  1 16 meets either of the following:
  1 17    (1)  Is at least fifty=one percent owned by one or more
  1 18 socially and economically disadvantaged individuals.
  1 19    (2)  Whose management and daily business operations are
  1 20 controlled by one or more of the socially and economically
  1 21 disadvantaged individuals who own it.
  1 22    b.  "Small business concern" means a business which is
  1 23 independently owned and operated and which is not dominant in
  1 24 its field of operation.
  1 25    c.  "Socially and economically disadvantaged individuals"
  1 26 means those individuals who are citizens of the United States
  1 27 or who are lawfully admitted permanent residents and who are
  1 28 women, Black Americans, Hispanic Americans, Native Americans,
  1 29 Asian=Pacific Americans, Asian=Indian Americans, or any other
  1 30 minority or individuals found to be disadvantaged by the
  1 31 United States small business administration.  However, the
  1 32 department may also determine, on a case=by=case basis, that
  1 33 an individual who is not a member of one of the enumerated
  1 34 groups is socially and economically disadvantaged.  A
  1 35 rebuttable presumption exists that individuals in the
  2  1 following groups are socially and economically disadvantaged:
  2  2    (1)  "Black Americans" which includes persons having
  2  3 origins in any of the black racial groups of Africa.
  2  4    (2)  "Hispanic Americans" which includes persons of
  2  5 Mexican, Puerto Rican, Cuban, Central or South American, or
  2  6 other Spanish culture or origin, regardless of race.
  2  7    (3)  "Native Americans" which includes persons who are
  2  8 American Indians, Eskimos, Aleuts, or Native Hawaiians.
  2  9    (4)  "Asian=Pacific Americans" which includes persons whose
  2 10 origins are from Japan, China, Taiwan, Korea, Vietnam, Laos,
  2 11 Cambodia, the Philippines, Samoa, Guam, the United States
  2 12 Trust Territories of the Pacific, and the Northern Marianas.
  2 13    (5)  "Asian=Indian Americans" which includes persons whose
  2 14 origins are from India, Pakistan, and Bangladesh.
  2 15    d.  "Prequalified" means that the disadvantaged business
  2 16 enterprise small business concern is currently approved by the
  2 17 department as a disadvantaged business enterprise small
  2 18 business concern, is a recognized contractor engaged in the
  2 19 class of work provided for in the plans and specifications,
  2 20 possesses sufficient resources to complete the work, and is
  2 21 able to furnish a performance bond for one hundred percent of
  2 22 the contract.
  2 23    2.  SET=ASIDE.  Notwithstanding section 314.1, there may be
  2 24 set aside for bidding by prequalified disadvantaged business
  2 25 enterprises small business concerns a percentage of the total
  2 26 annual dollar amount of public contracts let by the
  2 27 department.  The annual dollar amount set aside for bidding by
  2 28 prequalified disadvantaged business enterprises small business
  2 29 concerns shall not exceed ten percent of the total dollar
  2 30 amount of federal aid highway construction contracts let by
  2 31 the department and federal aid transit dollars administered by
  2 32 the department.  The director may estimate the set=aside
  2 33 amount at the beginning of each fiscal year and a suit shall
  2 34 not be brought by any party as a result of this estimate.
  2 35 Set=aside contracts will be awarded to the lowest responsible
  3  1 prequalified disadvantaged business enterprise small business
  3  2 concern.  This section shall not be construed as limiting the
  3  3 department's right to refuse any or all disadvantaged business
  3  4 enterprise small business concern bids.
  3  5    Sec. 2.  NEW SECTION.  314.14A  SMALL BUSINESS CONCERNS ==
  3  6 NONFEDERAL PROJECTS.
  3  7    1.  Each bid submitted for a contract for a nonfederal aid
  3  8 project with the department shall include a small business
  3  9 concern assistance form that contains documents that
  3 10 demonstrate one of the following:
  3 11    a.  The contractor obtained enough participation from small
  3 12 business concerns, as established by the department, in the
  3 13 project to meet the participation goal in order to be awarded
  3 14 the contract.
  3 15    b.  The contractor demonstrated adequate effort to meet the
  3 16 participation goal for small business concerns, as established
  3 17 by the department, in the project in order to be awarded the
  3 18 contract, although the contractor did not meet the
  3 19 participation goal.
  3 20    2.  The department shall review the small business concern
  3 21 participation achievements of each contractor who was awarded
  3 22 a contract for a nonfederal aid project with the department.
  3 23 The department shall establish an increasing participation
  3 24 goal for contractors in order to raise small business concern
  3 25 participation.  The department may establish rules in
  3 26 accordance with this section that deny or restrict the
  3 27 awarding of contracts to contractors who fail to improve small
  3 28 business concern participation after multiple years.
  3 29    3.  The department shall create and include with notices
  3 30 for bids for a contract a small business concern assistance
  3 31 form.
  3 32    4.  The directives of this section shall be carried out to
  3 33 the extent consistent with federal law.
  3 34    Sec. 3.  APPLICABILITY.  This Act applies to notices for
  3 35 bids for contracts with the department posted on and after
  4  1 July 1, 2009.
  4  2                           EXPLANATION
  4  3    This bill relates to small business concerns involved with
  4  4 the awarding of contracts by the department of transportation.
  4  5    In Code section 314.14(1), disadvantaged enterprises
  4  6 language is replaced with definitions of small business and
  4  7 small business concern.  Women are now included in the
  4  8 socially and economically disadvantaged individuals
  4  9 definition.  In Code section 314.14(2), all references to
  4 10 federal projects are removed, making this section relevant to
  4 11 nonfederal projects that the department is funding.
  4 12    New Code section 314.14A lays out the requirements for the
  4 13 department to ensure that small business concerns are included
  4 14 in contractor bids for nonfederal projects.  The bill requires
  4 15 that each bid submitted for a contract includes a small
  4 16 business concern assistance form that contains documents that
  4 17 show that the contractor submitting a bid did one of the
  4 18 following:  obtained enough participation from small business
  4 19 concerns, as established by the department, in the project to
  4 20 meet the participation goal in order to be awarded the
  4 21 contract or demonstrated adequate effort to meet the
  4 22 participation goal for small business concerns despite not
  4 23 meeting the goal.
  4 24    The bill requires the department to review the small
  4 25 business concern participation achievements of each contractor
  4 26 who was awarded a contract.  The department must establish an
  4 27 increasing participation goal for contractors in order to
  4 28 increase small business concern participation.  The department
  4 29 has the authority to establish rules to deny or restrict the
  4 30 awarding of contracts to contractors who fail to improve their
  4 31 small business concern participation over multiple years.
  4 32    The bill also requires that the department create the small
  4 33 business assistance form.
  4 34    The bill applies to notices for bids for contracts with the
  4 35 department posted on or after July 1, 2009.
  5  1 LSB 2504HV 83
  5  2 ak/nh/5