Bill Text: IA SF170 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the contract bidding process for public construction projects.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-10 - Subcommittee, Danielson, Bertrand, and Schoenjahn. S.J. 270. [SF170 Detail]

Download: Iowa-2015-SF170-Introduced.html

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Senate File 170 - Introduced




                                 SENATE FILE       
                                 BY  QUIRMBACH

                                      A BILL FOR

  1 An Act relating to the contract bidding process for public
  2    construction projects.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 26.2, Code 2015, is amended by adding the
  1  2 following new subsections:
  1  3    NEW SUBSECTION.  01.  "Construction manager" means a person
  1  4 with substantial discretion and authority to plan, coordinate,
  1  5 manage, and direct all phases of a construction project, but
  1  6 does not mean a person who provides architectural, landscape
  1  7 architectural, or engineering design services, or who actually
  1  8 performs construction work on the project.
  1  9    NEW SUBSECTION.  1A.  "General contractor" means a person who
  1 10 engages in the business of construction, but does not include
  1 11 a construction manager.
  1 12    NEW SUBSECTION.  3A.  "Public school corporation" includes
  1 13 a community college as defined in section 260C.2, an area
  1 14 education agency established under section 273.2, and a school
  1 15 district as described in section 274.1.
  1 16    Sec. 2.  Section 26.2, subsection 2, Code 2015, is amended
  1 17 to read as follows:
  1 18    2.  "Governmental entity" means the state, political
  1 19 subdivisions of the state, public school corporations, and all
  1 20 officers, boards, or commissions empowered by law to enter
  1 21 into contracts for the construction of public improvements,
  1 22 excluding the state board of regents and the state department
  1 23 of transportation.
  1 24    Sec. 3.  Section 26.7, subsection 2, Code 2015, is amended
  1 25 to read as follows:
  1 26    2.  a.  The notice to bidders may provide that bids will
  1 27 be received for the furnishing of all labor and materials and
  1 28 furnishing or installing equipment under one contract, or for
  1 29 parts thereof in separate sections.
  1 30    b.  When a governmental entity seeks separate bids for parts
  1 31 of a public improvement project, a general contractor shall
  1 32 be allowed to submit a bid for the entire public improvement
  1 33 project.
  1 34                           EXPLANATION
  1 35 The inclusion of this explanation does not constitute agreement with
  2  1 the explanation's substance by the members of the general assembly.
  2  2    This bill affects public construction projects set for
  2  3 bidding.
  2  4    Currently, the state board of regents is exempted from Code
  2  5 chapter 26, the Iowa construction bidding procedures Act,
  2  6 through a specific exemption in the chapter's definition of
  2  7 "governmental entity". The bill eliminates the exemption for
  2  8 the state board of regents, thus requiring the state board of
  2  9 regents to comply with the requirements established by the Code
  2 10 chapter.
  2 11    The bill also defines "construction manager", "general
  2 12 contractor", and "public school corporation".
  2 13    Currently, when a governmental entity seeks separate bids
  2 14 for parts of a public improvement project, general contractors
  2 15 may be prohibited from submitting bids for the project as a
  2 16 whole. The bill requires general contractors to be allowed
  2 17 to submit bids for an entire project in instances where the
  2 18 governmental entity has decided to accept bids for separate
  2 19 parts of the public improvement project.
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