House Study Bill 56 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act concerning the contract bidding process for public 1 improvement projects conducted by the state board of 2 regents. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1538YC (4) 88 js/rn

H.F. _____ Section 1. Section 262.34, subsection 1, Code 2019, is 1 amended to read as follows: 2 1. a. When the estimated cost of construction, repairs, 3 or improvement of buildings or grounds under charge of the 4 state board of regents, including construction, renovation, or 5 repairs by a private party of a property to be lease-purchased 6 by the board , exceeds one hundred thousand dollars, the board 7 shall advertise do all of the following: 8 (1) Advertise for bids for the contemplated improvement 9 or construction and shall let by publishing a notice to 10 bidders. The notice to bidders shall be published at 11 least once, not less than thirteen days and not more than 12 forty-five days before the date for filing bids, in a relevant 13 contractor plan room service with statewide circulation, in a 14 relevant construction lead generating service with statewide 15 circulation, and on an internet site sponsored by the board. 16 If circumstances beyond the control of the board cause a 17 scheduled bid letting to be postponed and there are no changes 18 to the project’s contract documents, a notice to bidders of 19 the revised date shall be posted not less than four and not 20 more than forty-five days before the revised date for filing 21 bids in a relevant contractor plan room service with statewide 22 circulation, in a relevant construction lead generating service 23 with statewide circulation, and on an internet site sponsored 24 by the board. 25 (2) Have an engineer licensed under chapter 542B, a 26 landscape architect licensed under chapter 544B, or an 27 architect licensed under chapter 544A prepare plans and 28 specifications and calculate the estimated total cost of the 29 contemplated improvement or construction. The plans and 30 specifications shall be sufficiently complete to describe 31 the entire improvement or construction, permit competitive 32 bidding for all labor, materials, and systems, and serve as 33 the project’s contract documents. The board shall ensure 34 that a sufficient number of printed copies and, if available, 35 -1- LSB 1538YC (4) 88 js/rn 1/ 3

H.F. _____ electronic and digital copies of the project’s contract 1 documents, including but not limited to all drawings, plans, 2 specifications, and estimated total costs of the proposed 3 improvement, are made available for distribution at no charge 4 to prospective bidders, subcontractor bidders, suppliers, and 5 contractor plan room services. 6 (3) Let the work to the lowest responsive, responsible 7 bidder. However, if 8 b. If, in the judgment of the board , bids received are 9 not acceptable, the board may reject all bids , after making a 10 specific finding identifying the basis for the rejection of 11 each bid received, and proceed with the construction, repair, 12 or improvement by a method as the board may determine. All 13 plans and specifications for repairs or construction, together 14 with bids on the plans or specifications, shall be filed by the 15 board and be open for public inspection. All bids submitted 16 under this section shall be accompanied by a deposit of money, 17 a certified check, or a credit union certified share draft in 18 an amount as the board may prescribe. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill modifies the contract bidding process conducted 23 by the state board of regents. 24 Currently, when the estimated cost of construction, repairs, 25 or improvement of buildings or grounds under charge of the 26 state board of regents exceeds $100,000, the board of regents 27 must advertise for bids for the contemplated work and shall 28 let the work to the lowest responsible bidder. However, if 29 in the judgment of the state board of regents bids received 30 are not acceptable, the state board of regents may reject all 31 bids and proceed with the work by a method as the state board 32 of regents may determine. All plans and specifications for 33 repairs or construction, together with bids on the plans or 34 specifications, must be filed by the state board of regents and 35 -2- LSB 1538YC (4) 88 js/rn 2/ 3

H.F. _____ be open for public inspection. All bids must be accompanied 1 by a deposit of money, a certified check, or a credit union 2 certified share draft in an amount as the state board of 3 regents may prescribe. 4 Under the bill, when the estimated cost of the work exceeds 5 $100,000, the state board of regents must advertise for bids by 6 publishing notice at least once, not less than 13 and not more 7 than 45 days before the date for filing bids, in a relevant 8 contractor plan room service with statewide circulation, a 9 relevant construction lead generating service with statewide 10 circulation, and on an internet site sponsored by the state 11 board of regents. 12 The state board of regents must also have a licensed 13 engineer, landscape architect, or architect prepare plans 14 and specifications, and calculate the estimated total cost 15 of the contemplated improvement or construction. The plans 16 and specification must describe the entire improvement 17 or construction, allow competitive bidding for all labor, 18 materials, and systems, and serve as the project’s contract 19 documents. The state board of regents must ensure that a 20 sufficient number of printed copies of the project’s contract 21 documents are made available for distribution at no charge to 22 prospective bidders, subcontractor bidders, suppliers, and 23 contractor plan room services. 24 If the state board of regents determines that none of the 25 bids are acceptable, the board, under the bill, must identify a 26 specific reason for rejecting each bid received and may proceed 27 with the work by a method as the board may determine, as the law 28 currently prescribes. 29 -3- LSB 1538YC (4) 88 js/rn 3/ 3