SF 2170 (LSB 5552SV (2) 86)

SENATE FILE 2170

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SSB 3040)

A BILL FOR

An Act modifying the notice requirements for public improvement projects.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 26.3, subsection 1, Code 2016, is amended to read as follows:
   1.  If the estimated total cost of a public improvement exceeds the competitive bid threshold of one hundred thousand dollars, or the adjusted competitive bid threshold established in section 314.1B, the governmental entity shall advertise for sealed bids for the proposed public improvement by publishing posting a notice to bidders. The notice to bidders shall be published at least once, not less than four twenty and not more than forty-five days before the date for filing bids, in a newspaper published at least once weekly and having general circulation in the geographic area served by the governmental entity. Additionally, the governmental entity may publish a notice in a relevant contractor organization publication and a relevant contractor plan room service with statewide circulation, provided that a notice is posted and on an internet site sponsored by either a governmental entity or a statewide association that represents the governmental entity.  If circumstances beyond the control of the governmental entity cause a scheduled bid letting to be postponed and there are no changes to the project’s contract documents, a notice to bidders of the revised date shall be posted not less than four and not more than forty-five days before the revised date for filing bids in a relevant contractor organization publication and a relevant contractor plan room service with statewide circulation and on an internet site sponsored by either a governmental entity or a statewide association that represents the governmental entity.
    Sec. 2.  Section 26.12, Code 2016, is amended to read as follows:
   26.12  When hearing necessary.
   If the estimated total cost of a public improvement exceeds the competitive bid threshold in section 26.3, or as adjusted in section 314.1B, the governmental entity shall not enter into a contract for the public improvement until the governmental entity has held a public hearing and has approved the proposed plans, specifications, and form of contract, and estimated total cost of the public improvement. Notice of the hearing must be published as provided in section 362.3 and shall include a description of the public improvement and its location. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the public improvement. After hearing objections, the governmental entity shall by resolution enter its decision on the plans, specifications, contract, and estimated cost. This section does not apply to the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Current law requires that a governmental entity must advertise for sealed bids on public improvements at least four days before the date for filing bids. This bill requires a governmental entity to advertise at least 20 days before the date for filing bids.
   The bill removes a requirement that the advertisement for bids be published at least once weekly in a newspaper with general circulation in the geographic area served by the governmental entity. The bill requires that the advertisement be posted in a relevant contractor organization publication and a relevant contractor plan room service with statewide circulation and on the internet site of a governmental entity or a statewide association representing the governmental entity.
   The bill also provides that if circumstances beyond the governmental entity’s control cause a bid letting to be postponed without changing the project’s contract documents, the bid must be advertised at least four days before and not more than 45 days after the date for filing bids, and must be posted in the same manner as described above.