HSB 100 (LSB 2051YC (2) 87)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON RIZER)

A BILL FOR

An Act concerning the contract bidding process for public improvement projects conducted by the state board of regents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 262.34, subsection 1, Code 2017, is amended to read as follows:
   1.  a.  When the estimated cost of construction, repairs, or improvement of buildings or grounds under charge of the state board of regents exceeds one hundred thousand dollars, the board shall advertise do all of the following:
   (1)  Advertise for bids for the contemplated improvement or construction and shall let by publishing a notice to bidders. The notice to bidders shall be published at least once, not less than four days 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 of contemplated improvement or construction. The board may also publish a notice in a relevant contractor organization publication or relevant contractor plan room service with statewide circulation if a notice is posted on an internet site sponsored by the board.
   (2)  Have an engineer licensed under chapter 542B, a landscape architect licensed under chapter 544B, or an architect registered under chapter 544A prepare plans and specifications and calculate the estimated total cost of the contemplated improvement or construction. The board shall ensure that a sufficient number of printed copies of the project’s contract documents, including but not limited to all drawings, plans, specifications, and estimated total costs of the proposed improvement or construction, are made available for distribution at no charge to prospective bidders, subcontractor bidders, suppliers, and contractor plan room services.
   (3)  Let the work to the lowest responsible bidder. However, if 
   b.  If, in the judgment of the board, bids received are not acceptable, the board may reject all bids, after making a specific finding identifying the basis for the rejection of each bid received, and proceed with the construction, repair, or improvement by a method as the board may determine. All plans and specifications for repairs or construction, together with bids on the plans or specifications, shall be filed by the board and be open for public inspection. All bids submitted under this section shall be accompanied by a deposit of money, a certified check, or a credit union certified share draft in an amount as the board may prescribe.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies the contract bidding process conducted by the state board of regents. 
   Currently, when the estimated cost of construction, repairs, or improvement of buildings or grounds under charge of the state board of regents exceeds $100,000, the board of regents must advertise for bids for the contemplated work and shall let the work to the lowest responsible bidder. However, if in the judgment of the state board of regents bids received are not acceptable, the state board of regents may reject all bids and proceed with the work by a method as the state board of regents may determine. All plans and specifications for repairs or construction, together with bids on the plans or specifications, must be filed by the state board of regents and be open for public inspection. All bids submitted under this Code section must be accompanied by a deposit of money, a certified check, or a credit union certified share draft in an amount as the state board of regents may prescribe.
   Under the bill, when the estimated cost of the work exceeds $100,000, the state board of regents must advertise for bids by publishing notice at least once, not less than four and not more than 45 days before the date for filing bids, in a newspaper published at least weekly with a general circulation in the geographical area of the work. The state board of regents may also publish notice in a relevant contractor organization publication or relevant contractor plan room service with statewide circulation, provided that a notice is posted on an internet site sponsored by the state board of regents. 
   The state board of regents must also have a licensed or registered engineer, landscape architect, or architect prepare plans and specifications and calculate the estimated total cost of the contemplated improvement or construction. The state board of regents must ensure that a sufficient number of printed copies of the project’s contract documents are made available for distribution at no charge to prospective bidders, subcontractor bidders, suppliers, and contractor plan room services. 
   If the state board of regents determines that none of the bids are acceptable, the board, under the bill, must identify a specific reason for rejecting each bid received and may proceed with the work by a method as the board may determine, as the law currently prescribes.