Bill Text: IA SF442 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act related to guaranteed maximum price contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-01 - Subcommittee recommends amendment and passage. []. [SF442 Detail]
Download: Iowa-2023-SF442-Introduced.html
Senate
File
442
-
Introduced
SENATE
FILE
442
BY
COURNOYER
A
BILL
FOR
An
Act
related
to
guaranteed
maximum
price
contracts.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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442
Section
1.
Section
26A.3,
subsection
3,
paragraph
a,
1
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
to
read
as
2
follows:
3
(1)
The
governmental
entity
shall
prepare
a
request
for
4
statements
of
qualifications.
The
request
shall
include
5
general
information
on
the
project
site,
project
scope,
6
schedule,
selection
criteria,
selection
process,
and
the
time
7
and
place
for
receipt
of
statements
of
qualifications.
The
8
selection
process
shall
include
an
interview
phase,
minimum
9
qualification
thresholds
for
a
contractor
advancing
to
10
the
interview
phase,
and
a
requirement
that
at
least
three
11
contractors
who
meet
the
minimum
qualification
threshold
12
shall
advance
to
the
interview
phase.
Selection
criteria
and
13
general
information
included
in
the
request
for
statements
14
of
qualifications
may
be
developed
in
coordination
with
15
the
engineer,
landscape
architect,
or
architect
selected
or
16
designated
by
the
governmental
entity
as
provided
under
this
17
section
.
18
(2)
Selection
criteria
may
shall
include
the
contractor’s
19
experience
undertaking
projects
of
similar
size
and
scope
20
in
either
the
public
or
private
sector,
past
performance,
21
safety
record,
proposed
personnel,
and
proposed
methodology.
22
Selection
criteria
shall
include
experience
in
both
the
public
23
and
the
private
sector.
Selection
criteria
shall
not
include
24
specific
delivery
methods,
including
guaranteed
maximum
price
25
projects.
In
addition,
selection
criteria
shall
not
include
26
training,
testing,
or
other
certifications
that
may
only
27
be
obtained
through
organized
labor
affiliations
or
other
28
limited-membership
organizations.
29
Sec.
2.
Section
26A.3,
subsection
3,
paragraph
c,
Code
2023,
30
is
amended
to
read
as
follows:
31
c.
The
governmental
entity
shall
receive,
publicly
open,
and
32
read
aloud
the
names
of
the
contractors
submitting
statements
33
of
qualifications.
Within
forty-five
days
after
the
date
of
34
opening
the
statements
of
qualifications
submissions,
the
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442
governmental
entity
shall
conduct
interviews
of
contractors
as
1
required
by
the
selection
process
and
evaluate
each
proposal
2
or
statement
of
qualifications
submission
in
relation
to
the
3
criteria
set
forth
in
the
request.
4
Sec.
3.
Section
26A.3,
subsection
4,
paragraph
a,
Code
2023,
5
is
amended
to
read
as
follows:
6
a.
After
considering
the
statements
of
qualifications
and
7
completing
the
interview
phase
as
specified
in
the
request
of
8
qualifications
,
the
governmental
entity
shall
issue
a
request
9
for
proposals
to
each
contractor
who
meets
the
qualifications
10
which
shall
include
selection
and
evaluation
criteria.
Each
11
contractor
issued
a
request
for
proposals
shall
be
permitted
to
12
submit
a
proposal
and
each
proposal
submitted
shall
include
the
13
construction
manager-at-risk’s
proposed
fees
fee
methodology
14
and
personnel
schedule
required
to
manage
the
requirements
15
of
the
contract.
Except
as
provided
by
this
paragraph,
16
fee-based
selection
of
the
construction
manager-at-risk
shall
17
be
prohibited
.
The
request
for
proposals
shall
be
subject
to
18
the
requirements
of
section
73A.28
and
the
same
limitations
19
applied
to
selection
criteria
for
the
request
for
statements
of
20
qualifications
in
this
chapter
.
21
Sec.
4.
Section
26A.3,
subsection
5,
paragraph
a,
22
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
23
follows:
24
If
the
estimated
total
cost
of
trade
contract
work
and
25
materials
packages
is
in
excess
of
the
adjusted
competitive
26
bid
threshold
established
in
section
314.1B
,
the
construction
27
manager-at-risk
shall
advertise
for
competitive
bids,
receive
28
bids,
prepare
bid
analyses,
and
award
contracts
to
qualified
29
firms
on
trade
contract
work
and
materials
packages
in
30
accordance
with
the
competitive
bidding
requirements
of
chapter
31
26
and
all
of
the
following:
32
Sec.
5.
Section
26A.3,
subsection
5,
paragraph
a,
33
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
by
striking
34
the
subparagraphs
and
inserting
in
lieu
thereof
the
following:
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(1)
A
firm
that
is
prequalified
with
the
state
department
of
1
transportation
pursuant
to
section
314.1
shall
be
considered
2
as
a
qualified
firm
and
shall
be
allowed
to
submit
a
bid
3
for
purposes
of
work
related
to
parking
lots,
streets,
site
4
development,
or
bridge
structure
components.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
concerns
the
process
for
entering
into
a
9
guaranteed
maximum
price
contract
as
provided
in
Code
chapter
10
26A.
11
The
bill
provides,
as
part
of
the
selection
process
of
a
12
construction
manager-at-risk,
that
a
request
for
statements
13
of
qualifications
shall
include
information
on
the
selection
14
process,
which
shall
include
an
interview
phase,
minimum
15
qualification
thresholds
for
a
contractor
advancing
to
16
the
interview
phase,
and
a
requirement
that
at
least
three
17
contractors
who
meet
the
minimum
qualification
threshold
shall
18
advance
to
the
interview
phase.
The
bill
further
provides
19
that
the
interview
phase
be
conducted
and
completed
prior
to
20
issuing
a
request
for
proposals
from
each
qualified
contractor.
21
The
bill
also
provides
that
selection
criteria
relating
to
22
the
contractor’s
experience,
past
performance,
safety
record,
23
proposed
personnel,
and
proposed
methodology
shall
be
required
24
to
be
included
in
the
selection
criteria.
25
The
bill
provides
that
each
proposal
submitted
by
a
26
contractor
shall
include
the
construction
manager-at-risk’s
27
proposed
fee
methodology
and
personnel
schedule
required
to
28
manage
the
requirements
of
the
contract.
Current
law
only
29
requires
the
construction
manager
to
include
proposed
fees.
In
30
addition,
except
as
provided
in
the
bill
relating
to
proposed
31
fee
methodology,
the
bill
provides
that
fee-based
selection
of
32
the
construction
manager-at-risk
shall
be
prohibited.
33
The
bill
also
provides
that
the
construction
34
manager-at-risk,
in
awarding
contracts
for
work
on
the
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