House File 2338 - Introduced HOUSE FILE 2338 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 542) (COMPANION TO SF 2170 BY COMMITTEE ON STATE GOVERNMENT) A BILL FOR An Act modifying the notice requirements for public improvement 1 projects. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5552HV (4) 86 tr/rj

H.F. 2338 Section 1. Section 26.3, subsection 1, Code 2016, is amended 1 to read as follows: 2 1. If the estimated total cost of a public improvement 3 exceeds the competitive bid threshold of one hundred thousand 4 dollars, or the adjusted competitive bid threshold established 5 in section 314.1B , the governmental entity shall advertise for 6 sealed bids for the proposed public improvement by publishing 7 posting a notice to bidders . The notice to bidders shall be 8 published at least once, not less than four twenty and not 9 more than forty-five days before the date for filing bids , in 10 a newspaper published at least once weekly and having general 11 circulation in the geographic area served by the governmental 12 entity. Additionally, the governmental entity may publish 13 a notice in a relevant contractor organization publication 14 and a relevant contractor plan room service with statewide 15 circulation , provided that a notice is posted and on an 16 internet site sponsored by either a governmental entity or a 17 statewide association that represents the governmental entity. 18 If circumstances beyond the control of the governmental entity 19 cause a scheduled bid letting to be postponed and there are 20 no changes to the project’s contract documents, a notice to 21 bidders of the revised date shall be posted not less than four 22 and not more than forty-five days before the revised date for 23 filing bids in a relevant contractor organization publication 24 and a relevant contractor plan room service with statewide 25 circulation and on an internet site sponsored by either a 26 governmental entity or a statewide association that represents 27 the governmental entity. 28 Sec. 2. Section 26.12, Code 2016, is amended to read as 29 follows: 30 26.12 When hearing necessary. 31 If the estimated total cost of a public improvement exceeds 32 the competitive bid threshold in section 26.3 , or as adjusted 33 in section 314.1B , the governmental entity shall not enter into 34 a contract for the public improvement until the governmental 35 -1- LSB 5552HV (4) 86 tr/rj 1/ 2

H.F. 2338 entity has held a public hearing and has approved the proposed 1 plans, specifications, and form of contract, and estimated 2 total cost of the public improvement. Notice of the hearing 3 must be published as provided in section 362.3 and shall 4 include a description of the public improvement and its 5 location . At the hearing, any interested person may appear 6 and file objections to the proposed plans, specifications, 7 contract, or estimated cost of the public improvement. After 8 hearing objections, the governmental entity shall by resolution 9 enter its decision on the plans, specifications, contract, and 10 estimated cost. This section does not apply to the state. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 Current law requires that a governmental entity must 15 advertise for sealed bids on public improvements at least four 16 days before the date for filing bids. This bill requires a 17 governmental entity to advertise at least 20 days before the 18 date for filing bids. 19 The bill removes a requirement that the advertisement for 20 bids be published at least once weekly in a newspaper with 21 general circulation in the geographic area served by the 22 governmental entity. The bill requires that the advertisement 23 be posted in a relevant contractor organization publication 24 and a relevant contractor plan room service with statewide 25 circulation and on the internet site of a governmental entity 26 or a statewide association representing the governmental 27 entity. 28 The bill also provides that if circumstances beyond the 29 governmental entity’s control cause a bid letting to be 30 postponed without changing the project’s contract documents, 31 the bid must be advertised at least four days before and not 32 more than 45 days after the date for filing bids, and must be 33 posted in the same manner as described above. 34 -2- LSB 5552HV (4) 86 tr/rj 2/ 2