Senate File 2215 - Introduced SENATE FILE 2215 BY MATHIS A BILL FOR An Act relating to bidding for purchases or public improvements 1 through a competitive bidding process by the state or 2 political subdivisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5637XS (6) 84 je/nh
S.F. 2215 Section 1. Section 8A.311, Code Supplement 2011, is amended 1 by adding the following new subsections: 2 NEW SUBSECTION . 12A. If the lowest responsive bid received 3 by the state or a political subdivision for products or other 4 purchases is from an out-of-state business and totals less 5 than five hundred thousand dollars, and an Iowa-based business 6 submitted a bid which is within five percent or ten thousand 7 dollars of the price of the lowest bid, whichever is less, the 8 Iowa-based business which submitted the lowest responsive bid 9 shall be notified and shall be allowed to match the lowest bid 10 before a contract is awarded. 11 NEW SUBSECTION . 12B. A response to a request for bids or 12 proposals by the state or a political subdivision which totals 13 less than five hundred thousand dollars in value shall contain 14 the following information: 15 a. The percentage of the ownership of the submitting 16 business which is held by Iowa residents. 17 b. The percentage of the employees who will be carrying out 18 work in connection with the contract who are Iowa residents. 19 For the purposes of this paragraph, “employee” includes 20 part-time, temporary, contract, and substitute employees, and 21 includes employees of any contractors or subcontractors. 22 c. An estimate of the percentage of purchases to be made by 23 the submitting business in connection with the contract that 24 will be made from Iowa-based businesses. 25 d. The amount of tax paid by the submitting business under 26 chapter 422, division II, III, or V, on the last tax return 27 filed by the submitting business and the amount of property 28 tax paid by the submitting business during the most recently 29 completed fiscal year for which such a figure is available. 30 Sec. 2. NEW SECTION . 73.7 Matching by Iowa bidders. 31 1. Notwithstanding this chapter, chapter 26, chapter 32 73A, chapter 309, chapter 310, chapter 331, or chapter 384, 33 if the lowest responsive bid received for a contract for a 34 public improvement or works is from an out-of-state business 35 -1- LSB 5637XS (6) 84 je/nh 1/ 3
S.F. 2215 and totals less than five hundred thousand dollars, and an 1 Iowa-based business submitted a bid which is within five 2 percent or ten thousand dollars of the price of the lowest bid, 3 whichever is less, the Iowa-based business which submitted the 4 lowest responsive bid shall be notified and shall be allowed to 5 match the lowest bid before a contract is awarded. 6 2. This section applies to the state, its agencies, and any 7 political subdivisions of the state. 8 Sec. 3. NEW SECTION . 73.8 Responses to requests for bids or 9 proposals —— in-state information. 10 A response to a request for bids or proposals by the state, 11 its agencies, or any political subdivision which totals less 12 than five hundred thousand dollars in value shall contain the 13 following information: 14 1. The percentage of the ownership of the submitting 15 business which is held by Iowa residents. 16 2. The percentage of the employees who will be carrying out 17 work in connection with the contract who are Iowa residents. 18 For the purposes of this subsection, “employee” includes 19 part-time, temporary, contract, and substitute employees, and 20 includes employees of any contractors or subcontractors. 21 3. An estimate of the percentage of purchases to be made by 22 the submitting business in connection with the contract that 23 will be made from Iowa-based businesses. 24 4. The amount of tax paid by the submitting business under 25 chapter 422, division II, III, or V, on the last tax return 26 filed by the submitting business and the amount of property 27 tax paid by the submitting business during the most recently 28 completed fiscal year for which such a figure is available. 29 EXPLANATION 30 This bill provides that for purchases and public improvement 31 contracts initiated by the state or a political subdivision 32 through a competitive bidding process, if the lowest responsive 33 bid received is from an out-of-state business and totals less 34 than $500,000, and an in-state business submitted a bid which 35 -2- LSB 5637XS (6) 84 je/nh 2/ 3
S.F. 2215 is within 5 percent or $10,000 of the price of the lowest 1 responsive bid, whichever is less, the state or political 2 subdivision shall notify the in-state business which submitted 3 the lowest responsive bid and allow it to match the lowest 4 responsive bid from the out-of-state business before a contract 5 is awarded. 6 The bill also provides that a response to a request for bid 7 or proposal by the state or a political subdivision which is 8 less than $500,000 in value must contain certain information. 9 The required information is the percentage of the ownership 10 of the submitting business which is held by Iowa residents; 11 the percentage of employees who will be carrying out work 12 in connection with the contract who are Iowa residents; an 13 estimate of the percentage of purchases to be made by the 14 submitting business in connection with the contract that 15 will be made from Iowa-based businesses; and the amount of 16 tax paid by the submitting business under Code chapter 422, 17 division II, III, or V, on the last tax return filed by the 18 submitting business and the amount of property tax paid by the 19 submitting business during the most recently completed fiscal 20 year for which such a figure is available. For the purposes of 21 determining how many employees carrying out work in connection 22 with the contract will be Iowa residents, “employee” includes 23 part-time, temporary, contract, and substitute employees, and 24 includes employees of any contractors or subcontractors. 25 -3- LSB 5637XS (6) 84 je/nh 3/ 3