House Study Bill 108 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON VANDER LINDEN) A BILL FOR An Act concerning the contract bidding process for public 1 improvement projects and its application to certain 2 government entities. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1146YC (5) 86 tr/rj
H.F. _____ Section 1. Section 26.2, subsection 2, Code 2015, is amended 1 to read as follows: 2 2. “Governmental entity” means the state, political 3 subdivisions of the state, public school corporations, and all 4 officers, boards, or commissions empowered by law to enter 5 into contracts for the construction of public improvements, 6 excluding the state board of regents and the state department 7 of transportation. “Governmental entity” includes the state 8 board of regents as provided in section 26.4A. 9 Sec. 2. NEW SECTION . 26.4A State board of regents. 10 The state board of regents shall comply with this chapter 11 when advertising for bids and selecting the lowest responsible 12 bidder under section 262.34, subsection 1. 13 Sec. 3. Section 26.7, subsection 2, Code 2015, is amended 14 to read as follows: 15 2. The notice to bidders may provide that bids will be 16 received The governmental entity shall notify bidders that the 17 governmental entity will accept bids for the furnishing of all 18 labor and materials and furnishing or installing equipment 19 under one contract , or and shall notify bidders whether the 20 governmental entity will accept optional bids for parts thereof 21 in separate sections. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 Currently, the state board of regents is exempted from Code 26 chapter 26, the Iowa Construction Bidding Procedures Act, 27 through a specific exemption in the Code chapter’s definition 28 of “governmental entity”. This bill requires the state board 29 of regents to comply with this Code chapter when advertising 30 for bids and selecting the lowest responsible bidder as 31 governed by Code section 262.34, subsection 1. 32 The bill requires governmental entities seeking to contract 33 for a public improvement project to notify bidders that bids 34 covering all labor and materials related to the project will 35 -1- LSB 1146YC (5) 86 tr/rj 1/ 2
H.F. _____ be accepted, but also authorizes government entities to allow 1 bidders to submit separate bids for separate portions of the 2 project. 3 -2- LSB 1146YC (5) 86 tr/rj 2/ 2