Bill Text: IA SF362 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to bidder qualifications with respect to county and city public contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-26 - Subcommittee: Edler, Boulton, and Greene. S.J. 407. [SF362 Detail]
Download: Iowa-2019-SF362-Introduced.html
Senate
File
362
-
Introduced
SENATE
FILE
362
BY
T.
TAYLOR
A
BILL
FOR
An
Act
relating
to
bidder
qualifications
with
respect
to
county
1
and
city
public
contracts.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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362
Section
1.
Section
26.16,
Code
2019,
is
amended
to
read
as
1
follows:
2
26.16
Prequalification
requirements
prohibited.
3
A
governmental
entity
,
other
than
a
county
or
city
as
4
provided
in
sections
331.341
and
364.4,
shall
not
by
ordinance,
5
rule,
or
any
other
action
relating
to
contracts
for
public
6
improvements
for
which
competitive
bids
are
required
by
this
7
chapter
impose
any
requirement
that
directly
or
indirectly
8
restricts
potential
bidders
to
any
predetermined
class
of
9
bidders
defined
by
experience
on
similar
projects,
size
of
10
company,
union
membership,
or
any
other
criteria.
However,
a
11
governmental
entity
shall
require
nonresident
bidders
to
comply
12
with
section
73A.21,
subsection
4
.
13
Sec.
2.
Section
331.341,
Code
2019,
is
amended
by
adding
the
14
following
new
subsections:
15
NEW
SUBSECTION
.
6.
a.
Notwithstanding
section
26.16,
the
16
board
may,
before
making
available
a
form
for
bid
proposals,
17
plans,
and
specifications
to
a
prospective
bidder,
except
18
suppliers
and
others
not
intending
to
submit
a
direct
bid,
19
require
the
prospective
bidder
to
submit
a
full
and
complete
20
sworn
statement
of
qualifications.
The
statement
shall
consist
21
of
documentation
relating
to
the
following:
22
(1)
Financial
ability
to
perform.
23
(2)
Possession
of
necessary
equipment.
24
(3)
Experience
in
the
work
prescribed
in
the
public
25
contract,
including
but
not
limited
to
safety
record.
26
(4)
Other
matters
that
the
board
may
require
for
the
27
protection
and
welfare
of
the
public
in
the
performance
of
a
28
public
contract,
including
but
not
limited
to
the
following:
29
(a)
Background
checks.
30
(b)
Third-party
drug
testing.
31
(c)
Accredited
apprenticeship.
32
(d)
Continuing
education.
33
(e)
Training
pursuant
to
section
88.16.
34
(f)
Applicable
licensing.
35
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362
b.
The
statement
shall
be
in
writing
on
a
standard
form
1
adopted
and
furnished
by
the
board.
The
statement
shall
be
2
received
not
less
than
five
days
prior
to
the
time
set
for
3
the
opening
of
bids.
The
contents
of
the
statement
shall
4
be
confidential
and
may
not
be
disclosed
except
upon
the
5
written
authorization
of
the
prospective
bidder
furnishing
the
6
statement,
for
necessary
use
by
the
board
in
qualifying
the
7
prospective
bidder,
or
in
cases
of
actions
by
or
against
the
8
prospective
bidder
or
the
board.
The
board
shall
evaluate
9
the
statement
and
shall
find
the
prospective
bidder
either
10
qualified
or
unqualified.
11
NEW
SUBSECTION
.
7.
A
bid
shall
not
be
accepted
from
a
12
prospective
bidder
who
has
not
submitted
the
statement
as
13
provided
in
subsection
6,
provided
that
any
prospective
bidder
14
who
has
previously
submitted
a
statement
to
the
satisfaction
of
15
the
board
may
be
exempt
from
resubmitting
the
statement
if
so
16
determined
by
the
board.
17
Sec.
3.
Section
364.4,
Code
2019,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
6.
a.
(1)
Before
making
available
a
form
20
for
bid
proposals,
plans,
and
specifications
to
a
prospective
21
bidder,
except
suppliers
and
others
not
intending
to
submit
a
22
direct
bid,
require
the
prospective
bidder
to
submit
a
full
and
23
complete
sworn
statement
of
qualifications,
notwithstanding
24
section
26.16.
The
statement
shall
consist
of
documentation
25
relating
to
the
following:
26
(a)
Financial
ability
to
perform.
27
(b)
Possession
of
necessary
equipment.
28
(c)
Experience
in
the
work
prescribed
in
the
public
29
contract,
including
but
not
limited
to
safety
record.
30
(d)
Other
matters
that
the
city
may
require
for
the
31
protection
and
welfare
of
the
public
in
the
performance
of
a
32
public
contract,
including
but
not
limited
to
the
following:
33
(i)
Background
checks.
34
(ii)
Third-party
drug
testing.
35
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362
(iii)
Accredited
apprenticeship.
1
(iv)
Continuing
education.
2
(v)
Training
pursuant
to
section
88.16.
3
(vi)
Applicable
licensing.
4
(2)
The
statement
shall
be
in
writing
on
a
standard
form
5
adopted
and
furnished
by
the
city.
The
statement
shall
be
6
received
not
less
than
five
days
prior
to
the
time
set
for
7
the
opening
of
bids.
The
contents
of
the
statement
shall
8
be
confidential
and
may
not
be
disclosed
except
upon
the
9
written
authorization
of
the
prospective
bidder
furnishing
10
the
statement,
for
necessary
use
by
the
city
in
qualifying
11
the
prospective
bidder,
or
in
cases
of
actions
by
or
against
12
the
prospective
bidder
or
the
city.
The
city
shall
properly
13
evaluate
the
statement
and
shall
find
the
prospective
bidder
14
either
qualified
or
unqualified.
15
b.
A
bid
shall
not
be
accepted
from
a
prospective
bidder
16
who
has
not
submitted
the
statement
as
provided
in
paragraph
17
“a”
,
provided
that
any
prospective
bidder
who
has
submitted
a
18
statement
to
the
satisfaction
of
the
city
may
be
exempt
from
19
resubmitting
the
statement
if
so
determined
by
the
city.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
allows
a
county
or
city
to
require
a
potential
24
bidder
on
a
public
contract
to
submit
a
statement
that
consists
25
of
documentation
demonstrating
the
bidder’s
ability
to
fulfill
26
the
contract.
The
statement
shall
be
in
writing
on
a
form
27
adopted
by
the
county
or
city.
The
county
board
or
municipal
28
authority
shall
evaluate
a
submitted
statement
and
determine
29
whether
a
bidder
is
qualified.
A
county
or
city
shall
not
30
accept
a
bid
from
a
person
who
has
not
submitted
the
required
31
statement
unless
the
person
had
submitted
a
statement
for
a
bid
32
on
a
prior
contract
and
the
county
or
city
so
allows.
33
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