House
Study
Bill
642
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
BILL)
A
BILL
FOR
An
Act
regarding
direct
purchasing
from
vendors
by
agencies
and
1
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
8A.311,
subsection
10,
paragraph
a,
Code
1
2018,
is
amended
to
read
as
follows:
2
a.
The
director
shall
adopt
rules
providing
that
any
state
3
agency
may,
upon
request
and
approval
by
the
department,
4
purchase
directly
from
a
vendor
if
the
direct
purchasing
is
5
more
economical
than
purchasing
through
the
department,
if
the
6
agency
shows
that
direct
purchasing
by
the
state
agency
would
7
be
in
the
best
interests
of
the
state
due
to
an
immediate
or
8
emergency
need,
or
if
the
purchase
will
not
exceed
ten
thousand
9
dollars
an
amount
established
by
the
department
by
rule
and
10
the
purchase
would
contribute
to
the
agency
complying
with
the
11
targeted
small
business
procurement
goals
under
sections
73.15
12
through
73.21
.
13
Sec.
2.
EMERGENCY
RULES.
The
department
shall
adopt
14
emergency
rules
under
section
17A.4,
subsection
3,
and
section
15
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
provisions
16
of
this
Act
and
the
rules
shall
be
effective
immediately
upon
17
filing
unless
a
later
date
is
specified
in
the
rules.
Any
18
rules
adopted
in
accordance
with
this
section
shall
also
be
19
published
as
a
notice
of
intended
action
as
provided
in
section
20
17A.4.
21
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
22
importance,
takes
effect
upon
enactment.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
Currently,
the
director
of
the
department
of
administrative
27
services
must
adopt
rules
to
guide
state
agencies’
decisions
28
of
whether
to
purchase
directly
from
vendors
or
through
the
29
department.
An
agency
may
purchase
directly
from
a
vendor
30
per
the
agency’s
procurement
authority
if
doing
so
is
more
31
economical
than
purchasing
through
the
department,
if
the
32
agency
shows
that
direct
purchasing
is
in
the
best
interests
33
of
the
state
due
to
an
immediate
or
emergency
need,
or
if
34
the
purchase
will
not
exceed
$10,000
and
the
purchase
would
35
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contribute
to
the
agency
complying
with
targeted
small
business
1
procurement
goals.
2
This
bill
deletes
the
$10,000
maximum
amount
that
an
agency
3
cannot
exceed
when
making
a
purchase
that
would
contribute
4
to
the
agency
complying
with
the
targeted
small
business
5
procurement
goals
and
instead
requires
the
department
to
6
establish
the
maximum
amount
by
administrative
rule.
The
bill
7
requires
the
department
to
adopt
rules
to
implement
the
bill
8
pursuant
to
emergency
rulemaking
provisions
in
Code
chapter
9
17A.
10
The
bill
takes
effect
upon
enactment.
11
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