H.F. 392 Section 1. Section 68B.3, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3A. This section does not apply 3 to a contract for professional services that is exempt 4 from competitive bidding requirements in the Code or in 5 administrative rules adopted pursuant to the Code. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 Under current law, an official, a state employee, a member 10 of the general assembly, or a legislative employee, except as 11 part of an official state duty, shall not sell, in any one 12 occurrence, any goods or services having a value in excess of 13 $2,000 to any state agency unless the sale is made pursuant to 14 an award or contract let after public notice and competitive 15 bidding. 16 As used in Code chapter 68B, “official” means all statewide 17 elected officials, the executive or administrative head or 18 heads of an agency of state government, the deputy executive or 19 administrative head or heads of an agency of state government, 20 members of boards or commissions as defined under Code 21 section 7E.4, and heads of the major subunits of departments 22 or independent state agencies whose positions involve a 23 substantial exercise of administrative discretion or the 24 expenditure of public funds as defined under rules of the board 25 adopted in consultation with the department or agency and 26 pursuant to Code chapter 17A. 27 This bill exempts these individuals from this prohibition 28 if the services provided are pursuant to a contract for 29 professional services that is exempt from competitive bidding 30 requirements in the Code or in administrative rules adopted 31 pursuant to the Code. 32 -1- LSB 1240HV (1) 88 js/tm 1/ 1