Senate
Study
Bill
1158
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
QUIRMBACH)
A
BILL
FOR
An
Act
relating
to
the
contract
bidding
process
for
1
construction
projects
of
educational
institutions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
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
.
001.
“Educational
institution”
means
the
9
state
board
of
regents
or
a
public
school
corporation.
10
NEW
SUBSECTION
.
1A.
“
General
contractor”
means
a
person
who
11
engages
in
the
business
of
construction,
but
does
not
include
12
a
construction
manager.
13
NEW
SUBSECTION
.
3A.
“
Public
school
corporation”
includes
14
a
community
college
as
defined
in
section
260C.2,
an
area
15
education
agency
established
under
section
273.2,
and
a
school
16
district
as
described
in
section
274.1.
17
Sec.
2.
Section
26.2,
subsection
2,
Code
2015,
is
amended
18
to
read
as
follows:
19
2.
“Governmental
entity”
means
the
state,
political
20
subdivisions
of
the
state,
public
school
corporations,
and
all
21
officers,
boards,
or
commissions
empowered
by
law
to
enter
22
into
contracts
for
the
construction
of
public
improvements,
23
excluding
the
state
board
of
regents
and
the
state
department
24
of
transportation.
25
Sec.
3.
Section
26.7,
subsection
2,
Code
2015,
is
amended
26
to
read
as
follows:
27
2.
a.
The
notice
to
bidders
may
provide
that
bids
will
28
be
received
for
the
furnishing
of
all
labor
and
materials
and
29
furnishing
or
installing
equipment
under
one
contract,
or
for
30
parts
thereof
in
separate
sections.
31
b.
When
an
educational
institution
seeks
separate
bids
for
32
parts
of
a
public
improvement
project,
a
general
contractor
33
shall
be
allowed
to
submit
a
bid
for
the
entire
public
34
improvement
project.
35
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_____
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
affects
public
construction
projects
set
for
4
bidding
by
educational
institutions.
5
Currently,
the
state
board
of
regents
is
exempted
from
Code
6
chapter
26,
the
Iowa
Construction
Bidding
Procedures
Act,
7
through
a
specific
exemption
in
the
chapter’s
definition
of
8
“governmental
entity”.
The
bill
eliminates
this
exemption,
9
thus
requiring
the
state
board
of
regents
to
comply
with
the
10
requirements
established
by
the
Code
chapter.
11
Currently,
when
a
governmental
entity
seeks
separate
bids
12
for
parts
of
a
public
improvement
project,
general
contractors
13
may
be
prohibited
from
submitting
bids
for
the
project
as
a
14
whole.
The
bill
requires
general
contractors
to
be
allowed
15
to
submit
bids
for
an
entire
project
in
instances
where
the
16
state
board
of
regents
or
a
public
school
corporation,
such
17
as
an
area
education
agency,
a
community
college,
or
a
school
18
district,
has
decided
to
accept
bids
for
separate
parts
of
the
19
public
improvement
project.
20
The
bill
defines
“construction
manager”,
”educational
21
institution”,
general
contractor”,
and
“public
school
22
corporation”.
23
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