Senate File 2197 - Introduced SENATE FILE 2197 BY COURNOYER A BILL FOR An Act providing for purchases made by nonprofit corporations 1 when performing public functions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5112XS (2) 90 da/jh

S.F. 2197 Section 1. NEW SECTION . 8A.141 Purchases made by nonprofit 1 corporations performing public functions —— performance-based 2 process. 3 A nonprofit corporation formed or doing business under 4 chapter 504 that receives public moneys to perform a public 5 function under contract by engaging in a competitive bidding 6 procedure may adopt a performance-based process for reviewing 7 and ranking bids. 8 Sec. 2. NEW SECTION . 216B.3A Purchases made by nonprofit 9 corporations performing public functions —— performance-based 10 process. 11 A nonprofit corporation formed or doing business under 12 chapter 504 that receives public moneys to perform a public 13 function under contract by engaging in a competitive bidding 14 procedure may adopt a performance-based process for reviewing 15 and ranking bids. 16 Sec. 3. NEW SECTION . 260C.19D Purchases made by nonprofit 17 corporations performing public functions —— performance-based 18 process. 19 A nonprofit corporation formed or doing business under 20 chapter 504 that receives public moneys to perform a public 21 function under contract by engaging in a competitive bidding 22 procedure may adopt a performance-based process for reviewing 23 and ranking bids. 24 Sec. 4. NEW SECTION . 262.25 Purchases made by nonprofit 25 corporations performing public functions —— performance-based 26 process. 27 A nonprofit corporation formed or doing business under 28 chapter 504 that receives public moneys to perform a public 29 function under contract by engaging in a competitive bidding 30 procedure may adopt a performance-based process for reviewing 31 and ranking bids. 32 Sec. 5. NEW SECTION . 279.34A Purchases made by nonprofit 33 corporations performing public functions —— performance-based 34 process. 35 -1- LSB 5112XS (2) 90 da/jh 1/ 3

S.F. 2197 A nonprofit corporation formed or doing business under 1 chapter 504 that receives public moneys to perform a public 2 function under contract by engaging in a competitive bidding 3 procedure may adopt a performance-based process for reviewing 4 and ranking bids. 5 Sec. 6. NEW SECTION . 307.21A Purchases made by nonprofit 6 corporations performing public functions —— performance-based 7 process. 8 A nonprofit corporation formed or doing business under 9 chapter 504 that receives public moneys to perform a public 10 function under contract by engaging in a competitive bidding 11 procedure may adopt a performance-based process for reviewing 12 and ranking bids. 13 Sec. 7. NEW SECTION . 331.908A Purchases made by nonprofit 14 corporations performing public functions —— performance-based 15 process. 16 A nonprofit corporation formed or doing business under 17 chapter 504 that receives public moneys to perform a public 18 function under contract by engaging in a competitive bidding 19 procedure may adopt a performance-based process for reviewing 20 and ranking bids. 21 Sec. 8. NEW SECTION . 364.20A Purchases made by nonprofit 22 corporations performing public functions —— performance-based 23 process. 24 A nonprofit corporation formed or doing business under 25 chapter 504 that receives public moneys to perform a public 26 function under contract by engaging in a competitive bidding 27 procedure may adopt a performance-based process for reviewing 28 and ranking bids. 29 Sec. 9. NEW SECTION . 904.312D Purchases made by nonprofit 30 corporations performing public functions —— performance-based 31 process. 32 A nonprofit corporation formed or doing business under 33 chapter 504 that receives public moneys to perform a public 34 function under contract by engaging in a competitive bidding 35 -2- LSB 5112XS (2) 90 da/jh 2/ 3

S.F. 2197 procedure may adopt a performance-based process for reviewing 1 and ranking bids. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill provides that if a state or political subdivision 6 awards moneys to a nonprofit corporation under contract 7 to perform a public function, the nonprofit corporation 8 when engaged in a competitive bidding procedure may adopt a 9 performance-based process for reviewing and ranking bids. 10 The bill specifically applies to those state agencies and 11 local governments authorized to make purchases, including 12 the department of administrative services (Code chapter 8A), 13 the department for the blind (Code chapter 216B), community 14 colleges (Code chapter 260C), the board of regents (Code 15 chapter 262), the department of transportation (Code chapter 16 307), counties (Code chapter 331), cities (Code chapter 364), 17 and the department of corrections (Code chapter 904). 18 -3- LSB 5112XS (2) 90 da/jh 3/ 3