H.F. 2180 Section 1. Section 26.9, subsection 1, Code 2020, is amended 1 to read as follows: 2 1. The contract for the public improvement must be awarded 3 to the lowest responsive, responsible bidder. In determining 4 the lowest responsive, responsible bidder, the price for a 5 bid from an out-of-state business shall be increased by ten 6 percent. However, contracts relating to public utilities or 7 extensions or improvements thereof, as described in sections 8 384.80 through 384.94 , may be awarded by the city as it deems 9 to be in the best interests of the city. This section shall 10 not be construed to prohibit a governmental entity in the award 11 of a contract for a public improvement or a governing body of 12 a city utility from providing, in the award of a contract for 13 a public improvement, an enhancement of payments upon early 14 completion of the public improvement if the availability of the 15 enhancement payments is included in the notice to bidders, the 16 enhancement payments are competitively neutral to potential 17 bidders, the enhancement payments are considered as a separate 18 item in the public hearing on the award of contract, and the 19 total value of the enhancement payments does not exceed ten 20 percent of the value of the contract. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill concerns public construction bidding. Code 25 section 26.9, concerning an award of a contract for a public 26 improvement, is amended to provide that in determining the 27 lowest responsive, responsible bidder, the price for a bid from 28 an out-of-state business shall be increased by 10 percent. 29 -1- LSB 6061YH (2) 88 ec/rn 1/ 1