Iowa Admin. Code r. 27-6.2 - Contracts for public improvements
(1)
Definition. As used in these rules, "public improvement" means
any building or construction work, including abandoned mined land reclamation
and maintenance, to be paid for in whole or in part by the use of state funds.
Iowa Code section
73A.21,
relating to reciprocal resident bidder preference, shall apply to division
contracts for public improvements.
(2)
Invitation for bids.
When the total estimated cost of a public improvement project exceeds the sum
of $100,000, the division shall advertise for sealed bids by posting a notice
of "Invitation for Bids" on the department's Web site, a relevant contractor
plan room service with statewide circulation and a relevant construction lead
generating service with statewide circulation not less than 13 days prior to
the date set for receiving bids. Plans, specifications and the contract form
shall be provided to all prospective bidders as provided in the invitation for
bids.
(3)
Invitation for
bids. The invitation for bids must state the following items:
a. The time and place for filing sealed
proposals.
b. The time and place
sealed proposals will be opened and considered on behalf of the
division.
c. The location and
general nature of the public improvement on which bids are requested.
d. The general terms when the work must be
commenced and when it must be completed.
e. Any further information or requirements
which the division deems pertinent or advisable.
All sealed bids shall be publicly opened as specified in the invitation to bidders. The bids shall be tabulated and made available in a written form to any interested party.
(4)
Solicitation of
quotations. Competitive quotations may be solicited on public
improvement projects estimated by the division to cost less than $100,000. At
least three quotations shall be solicited unless there are an insufficient
number of local, qualified contractors interested in the project.
(5)
Failure to receive a qualified
bid or quotation. In the event that no qualified sealed bids or
quotations are received, the division may negotiate a contract with a qualified
contractor.
(6)
Exceptions
to the requirement for bids or quotations. The administrator may
authorize the negotiation of a contract for a public improvement project
without first soliciting quotations or advertising for bids under the following
circumstances.
a. If the contemplated project
involves the provision of utility services or the construction of a utility
system and it would not be practicable to allow someone other than the utility
company to perform the work.
b.
Where competition is precluded because of patent rights, secret processes, or
control of basic raw materials.
c.
Where the project involves work of such a specialized nature that only one firm
or person can reasonably be expected to accomplish it.
d. Where the service or product is provided
by a nonprofit private corporation, a government body or an educational
institution.
e. When emergency
repair of a public improvement is necessary and delay for advertising or
solicitation of quotations might cause serious loss or injury to the
state.
Notes
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