Senate
File
170
-
Introduced
SENATE
FILE
170
BY
QUIRMBACH
A
BILL
FOR
An
Act
relating
to
the
contract
bidding
process
for
public
1
construction
projects.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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170
Section
1.
Section
26.2,
Code
2015,
is
amended
by
adding
the
1
following
new
subsections:
2
NEW
SUBSECTION
.
01.
“Construction
manager”
means
a
person
3
with
substantial
discretion
and
authority
to
plan,
coordinate,
4
manage,
and
direct
all
phases
of
a
construction
project,
but
5
does
not
mean
a
person
who
provides
architectural,
landscape
6
architectural,
or
engineering
design
services,
or
who
actually
7
performs
construction
work
on
the
project.
8
NEW
SUBSECTION
.
1A.
“General
contractor”
means
a
person
who
9
engages
in
the
business
of
construction,
but
does
not
include
10
a
construction
manager.
11
NEW
SUBSECTION
.
3A.
“Public
school
corporation”
includes
12
a
community
college
as
defined
in
section
260C.2,
an
area
13
education
agency
established
under
section
273.2,
and
a
school
14
district
as
described
in
section
274.1.
15
Sec.
2.
Section
26.2,
subsection
2,
Code
2015,
is
amended
16
to
read
as
follows:
17
2.
“Governmental
entity”
means
the
state,
political
18
subdivisions
of
the
state,
public
school
corporations,
and
all
19
officers,
boards,
or
commissions
empowered
by
law
to
enter
20
into
contracts
for
the
construction
of
public
improvements,
21
excluding
the
state
board
of
regents
and
the
state
department
22
of
transportation.
23
Sec.
3.
Section
26.7,
subsection
2,
Code
2015,
is
amended
24
to
read
as
follows:
25
2.
a.
The
notice
to
bidders
may
provide
that
bids
will
26
be
received
for
the
furnishing
of
all
labor
and
materials
and
27
furnishing
or
installing
equipment
under
one
contract,
or
for
28
parts
thereof
in
separate
sections.
29
b.
When
a
governmental
entity
seeks
separate
bids
for
parts
30
of
a
public
improvement
project,
a
general
contractor
shall
31
be
allowed
to
submit
a
bid
for
the
entire
public
improvement
32
project.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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170
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
affects
public
construction
projects
set
for
2
bidding.
3
Currently,
the
state
board
of
regents
is
exempted
from
Code
4
chapter
26,
the
Iowa
construction
bidding
procedures
Act,
5
through
a
specific
exemption
in
the
chapter’s
definition
of
6
“governmental
entity”.
The
bill
eliminates
the
exemption
for
7
the
state
board
of
regents,
thus
requiring
the
state
board
of
8
regents
to
comply
with
the
requirements
established
by
the
Code
9
chapter.
10
The
bill
also
defines
“construction
manager”,
“general
11
contractor”,
and
“public
school
corporation”.
12
Currently,
when
a
governmental
entity
seeks
separate
bids
13
for
parts
of
a
public
improvement
project,
general
contractors
14
may
be
prohibited
from
submitting
bids
for
the
project
as
a
15
whole.
The
bill
requires
general
contractors
to
be
allowed
16
to
submit
bids
for
an
entire
project
in
instances
where
the
17
governmental
entity
has
decided
to
accept
bids
for
separate
18
parts
of
the
public
improvement
project.
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