House
File
2457
-
Introduced
HOUSE
FILE
2457
BY
BENNETT
and
THORUP
A
BILL
FOR
An
Act
relating
to
bidding
for
purchases
through
a
competitive
1
bidding
process
by
the
state.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5655YH
(2)
89
ec/rn
H.F.
2457
Section
1.
Section
8A.311,
Code
2022,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
12A.
a.
If
the
lowest
responsive
bid
3
received
by
the
state
for
products
or
other
purchases
is
from
4
an
out-of-state
business
and
totals
less
than
five
hundred
5
thousand
dollars,
and
an
Iowa-based
business
submitted
a
bid
6
which
is
within
five
percent
or
ten
thousand
dollars
of
the
7
price
of
the
lowest
bid,
whichever
is
less,
the
Iowa-based
8
business
which
submitted
the
lowest
responsive
bid
shall
be
9
notified
and
shall
be
allowed
to
match
the
lowest
bid
before
10
a
contract
is
awarded.
11
b.
This
subsection
does
not
apply
to
a
request
for
bids
or
12
proposals
for
products
or
other
purchases
associated
with
the
13
following:
14
(1)
Road
or
bridge
construction
or
repair.
15
(2)
Architectural
or
engineering
services.
16
c.
This
subsection
does
not
apply
to
procurement
of
or
for
17
public
improvement
projects.
18
d.
For
purposes
of
this
subsection,
“public
improvement”
19
means
a
building
or
construction
work
which
is
constructed
20
under
the
control
of
a
governmental
entity
and
is
paid
for
21
in
whole
or
in
part
with
funds
of
the
governmental
entity,
22
including
a
building
or
improvement
constructed
or
operated
23
jointly
with
any
other
public
or
private
agency,
and
including
24
a
highway,
bridge,
or
culvert
project,
but
excluding
emergency
25
work
or
repair
or
maintenance
work
performed
by
state
26
employees.
27
NEW
SUBSECTION
.
12B.
a.
A
response
to
a
request
for
28
bids
or
proposals
for
products
or
other
purchases
by
the
29
state
which
totals
less
than
five
hundred
thousand
dollars
in
30
value
shall
contain
documentation
showing
that
the
submitting
31
business
paid
taxes,
as
defined
in
section
445.1,
in
this
state
32
during
the
most
recently
completed
fiscal
year
for
which
such
33
documentation
is
available.
34
b.
This
subsection
does
not
apply
to
a
request
for
bids
or
35
-1-
LSB
5655YH
(2)
89
ec/rn
1/
3
H.F.
2457
proposals
for
products
or
other
purchases
associated
with
the
1
following:
2
(1)
Road
or
bridge
construction
or
repair.
3
(2)
Architectural
or
engineering
services.
4
c.
This
subsection
does
not
apply
to
procurement
of
or
for
5
public
improvement
projects.
6
d.
For
purposes
of
this
subsection,
“public
improvement”
7
means
a
building
or
construction
work
which
is
constructed
8
under
the
control
of
a
governmental
entity
and
is
paid
for
9
in
whole
or
in
part
with
funds
of
the
governmental
entity,
10
including
a
building
or
improvement
constructed
or
operated
11
jointly
with
any
other
public
or
private
agency,
and
including
12
a
highway,
bridge,
or
culvert
project,
but
excluding
emergency
13
work
or
repair
or
maintenance
work
performed
by
state
14
employees.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
provides
that
for
purchases
initiated
by
the
state
19
through
a
competitive
bidding
process,
if
the
lowest
responsive
20
bid
received
is
from
an
out-of-state
business
and
totals
less
21
than
$500,000,
and
an
in-state
business
submitted
a
bid
which
22
is
within
5
percent
or
$10,000
of
the
price
of
the
lowest
23
responsive
bid,
whichever
is
less,
the
state
shall
notify
24
the
in-state
business
which
submitted
the
lowest
responsive
25
bid
and
allow
it
to
match
the
lowest
responsive
bid
from
the
26
out-of-state
business
before
a
contract
is
awarded.
27
The
bill
also
provides
that
a
response
to
a
request
for
bid
28
or
proposal
for
a
purchase
by
the
state
which
is
less
than
29
$500,000
in
value
must
contain
documentation
showing
that
the
30
submitting
business
paid
taxes,
as
defined
in
Code
section
31
445.1,
in
this
state
during
the
most
recently
completed
fiscal
32
year
for
which
such
a
figure
is
available.
33
The
bill
does
not
apply
to
a
request
for
bids
or
proposals
34
for
products
or
other
purchases
associated
with
road
or
bridge
35
-2-
LSB
5655YH
(2)
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ec/rn
2/
3
H.F.
2457
construction
or
repair,
to
a
request
for
bids
or
proposals
1
for
products
or
other
purchases
associated
with
architectural
2
or
engineering
services,
or
to
procurement
of
or
for
public
3
improvement
projects.
4
The
bill
defines
“public
improvement”
as
a
building
or
5
construction
work
which
is
constructed
under
the
control
of
6
a
governmental
entity
and
is
paid
for
in
whole
or
in
part
7
with
funds
of
the
governmental
entity,
including
a
building
8
or
improvement
constructed
or
operated
jointly
with
any
other
9
public
or
private
agency,
and
including
a
highway,
bridge,
or
10
culvert
project,
but
excluding
emergency
work
or
repair
or
11
maintenance
work
performed
by
state
employees.
12
-3-
LSB
5655YH
(2)
89
ec/rn
3/
3