House Study Bill 56 - IntroducedA Bill ForAn Act 1concerning the contract bidding process for public
2improvement projects conducted by the state board of
3regents.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 262.34, subsection 1, Code 2019, is
2amended to read as follows:
   31.  a.  When the estimated cost of construction, repairs,
4or improvement of buildings or grounds under charge of the
5state board of regents, including construction, renovation, or
6repairs by a private party of a property to be lease-purchased
7by the board, exceeds one hundred thousand dollars, the board
8shall advertise do all of the following:
   9(1)   Advertisefor bids for the contemplated improvement
10or construction and shall let by publishing a notice to
11bidders. The notice to bidders shall be published at
12least once, not less than thirteen days and not more than
13forty-five days before the date for filing bids, in a relevant
14contractor plan room service with statewide circulation, in a
15relevant construction lead generating service with statewide
16circulation, and on an internet site sponsored by the board.
17If circumstances beyond the control of the board cause a
18scheduled bid letting to be postponed and there are no changes
19to the project’s contract documents, a notice to bidders of
20the revised date shall be posted not less than four and not
21more than forty-five days before the revised date for filing
22bids in a relevant contractor plan room service with statewide
23circulation, in a relevant construction lead generating service
24with statewide circulation, and on an internet site sponsored
25by the board.

   26(2)  Have an engineer licensed under chapter 542B, a
27landscape architect licensed under chapter 544B, or an
28architect licensed under chapter 544A prepare plans and
29specifications and calculate the estimated total cost of the
30contemplated improvement or construction. The plans and
31specifications shall be sufficiently complete to describe
32the entire improvement or construction, permit competitive
33bidding for all labor, materials, and systems, and serve as
34the project’s contract documents. The board shall ensure
35that a sufficient number of printed copies and, if available,
-1-1electronic and digital copies of the project’s contract
2documents, including but not limited to all drawings, plans,
3specifications, and estimated total costs of the proposed
4improvement, are made available for distribution at no charge
5to prospective bidders, subcontractor bidders, suppliers, and
6contractor plan room services.
   7(3)   Letthe work to the lowest responsive, responsible
8bidder. However, if
   9b.   If,in the judgment of the board, bids received are
10not acceptable, the board may reject all bids, after making a
11specific finding identifying the basis for the rejection of
12each bid received,
and proceed with the construction, repair,
13or improvement by a method as the board may determine. All
14plans and specifications for repairs or construction, together
15with bids on the plans or specifications, shall be filed by the
16board and be open for public inspection. All bids submitted
17under this section shall be accompanied by a deposit of money,
18a certified check, or a credit union certified share draft in
19an amount as the board may prescribe.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
   23This bill modifies the contract bidding process conducted
24by the state board of regents.
   25Currently, when the estimated cost of construction, repairs,
26or improvement of buildings or grounds under charge of the
27state board of regents exceeds $100,000, the board of regents
28must advertise for bids for the contemplated work and shall
29let the work to the lowest responsible bidder. However, if
30in the judgment of the state board of regents bids received
31are not acceptable, the state board of regents may reject all
32bids and proceed with the work by a method as the state board
33of regents may determine. All plans and specifications for
34repairs or construction, together with bids on the plans or
35specifications, must be filed by the state board of regents and
-2-1be open for public inspection. All bids must be accompanied
2by a deposit of money, a certified check, or a credit union
3certified share draft in an amount as the state board of
4regents may prescribe.
   5Under the bill, when the estimated cost of the work exceeds
6$100,000, the state board of regents must advertise for bids by
7publishing notice at least once, not less than 13 and not more
8than 45 days before the date for filing bids, in a relevant
9contractor plan room service with statewide circulation, a
10relevant construction lead generating service with statewide
11circulation, and on an internet site sponsored by the state
12board of regents.
   13The state board of regents must also have a licensed
14engineer, landscape architect, or architect prepare plans
15and specifications, and calculate the estimated total cost
16of the contemplated improvement or construction. The plans
17and specification must describe the entire improvement
18or construction, allow competitive bidding for all labor,
19materials, and systems, and serve as the project’s contract
20documents. The state board of regents must ensure that a
21sufficient number of printed copies of the project’s contract
22documents are made available for distribution at no charge to
23prospective bidders, subcontractor bidders, suppliers, and
24contractor plan room services.
   25If the state board of regents determines that none of the
26bids are acceptable, the board, under the bill, must identify a
27specific reason for rejecting each bid received and may proceed
28with the work by a method as the board may determine, as the law
29currently prescribes.
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