Senate File 2170 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO SSB
                                     3040)

                                      A BILL FOR

  1 An Act modifying the notice requirements for public improvement
  2    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 26.3, subsection 1, Code 2016, is amended
  1  2 to read as follows:
  1  3    1.  If the estimated total cost of a public improvement
  1  4 exceeds the competitive bid threshold of one hundred thousand
  1  5 dollars, or the adjusted competitive bid threshold established
  1  6 in section 314.1B, the governmental entity shall advertise for
  1  7 sealed bids for the proposed public improvement by publishing
  1  8  posting a notice to bidders. The notice to bidders shall be
  1  9 published at least once, not less than four twenty and not
  1 10 more than forty=five days before the date for filing bids, in
  1 11 a newspaper published at least once weekly and having general
  1 12 circulation in the geographic area served by the governmental
  1 13 entity. Additionally, the governmental entity may publish
  1 14 a notice in a relevant contractor organization publication
  1 15 and a relevant contractor plan room service with statewide
  1 16 circulation, provided that a notice is posted and on an
  1 17 internet site sponsored by either a governmental entity or a
  1 18 statewide association that represents the governmental entity.
  1 19 If circumstances beyond the control of the governmental entity
  1 20 cause a scheduled bid letting to be postponed and there are
  1 21 no changes to the project's contract documents, a notice to
  1 22 bidders of the revised date shall be posted not less than four
  1 23 and not more than forty=five days before the revised date for
  1 24 filing bids in a relevant contractor organization publication
  1 25 and a relevant contractor plan room service with statewide
  1 26 circulation and on an internet site sponsored by either a
  1 27 governmental entity or a statewide association that represents
  1 28 the governmental entity.
  1 29    Sec. 2.  Section 26.12, Code 2016, is amended to read as
  1 30 follows:
  1 31    26.12  When hearing necessary.
  1 32    If the estimated total cost of a public improvement exceeds
  1 33 the competitive bid threshold in section 26.3, or as adjusted
  1 34 in section 314.1B, the governmental entity shall not enter into
  1 35 a contract for the public improvement until the governmental
  2  1 entity has held a public hearing and has approved the proposed
  2  2 plans, specifications, and form of contract, and estimated
  2  3 total cost of the public improvement. Notice of the hearing
  2  4 must be published as provided in section 362.3 and shall
  2  5 include a description of the public improvement and its
  2  6 location. At the hearing, any interested person may appear
  2  7 and file objections to the proposed plans, specifications,
  2  8 contract, or estimated cost of the public improvement. After
  2  9 hearing objections, the governmental entity shall by resolution
  2 10 enter its decision on the plans, specifications, contract, and
  2 11 estimated cost. This section does not apply to the state.
  2 12                           EXPLANATION
  2 13 The inclusion of this explanation does not constitute agreement with
  2 14 the explanation's substance by the members of the general assembly.
  2 15    Current law requires that a governmental entity must
  2 16 advertise for sealed bids on public improvements at least four
  2 17 days before the date for filing bids. This bill requires a
  2 18 governmental entity to advertise at least 20 days before the
  2 19 date for filing bids.
  2 20    The bill removes a requirement that the advertisement for
  2 21 bids be published at least once weekly in a newspaper with
  2 22 general circulation in the geographic area served by the
  2 23 governmental entity. The bill requires that the advertisement
  2 24 be posted in a relevant contractor organization publication
  2 25 and a relevant contractor plan room service with statewide
  2 26 circulation and on the internet site of a governmental entity
  2 27 or a statewide association representing the governmental
  2 28 entity.
  2 29    The bill also provides that if circumstances beyond the
  2 30 governmental entity's control cause a bid letting to be
  2 31 postponed without changing the project's contract documents,
  2 32 the bid must be advertised at least four days before and not
  2 33 more than 45 days after the date for filing bids, and must be
  2 34 posted in the same manner as described above.
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