Pursuant to Iowa Code section
68B.3,
an official or employee shall not sell, in any one occurrence, goods or
services having a value in excess of $2,000 to a state agency unless the sale
is made pursuant to an award or contract let after public notice and
competitive bidding and the official or employee making the sale files Form
Public Bid with the board within 20 days of making the sale. This prohibition
includes sales to the state agency in which the official or employee serves or
is employed.
(1)
Exceptions. The prohibition in Iowa Code section
68B.3
and this rule shall not apply to any of the following:
a. Sales of goods or services done as part of
the official's or employee's state duties.
b. Sales of goods or services by a member of
a board or commission to state executive branch agencies or subunits of
departments or independent agencies that are not the subunit of the department
or independent agency in which the person serves or are not a subunit of a
department or independent agency with which the person has substantial and
regular contact as part of the person's duties. "Board" and "commission" as
used in this rule mean the same as defined in Iowa Code section
7E.4.
c. The publication of resolutions,
advertisements, or other legal propositions or notices in newspapers designated
by law for the publication of such materials and for which publication rates
are fixed by law.
d. Instruction at
an accredited educational institution if the official or employee meets the
minimum education and licensing requirements established for other instructors
at the educational institution.
e.
A contract for professional services that is exempt from competitive bidding
requirements under any provision in the Iowa Code or Iowa Administrative
Code.
(2)
Sales
to political subdivisions. An official who sells goods or services to
a political subdivision of the state shall disclose on the official's Form PFD
as provided in 351-Chapter 7 if income was received from the sale.
(3)
Filing of report. An
official or
employee making a sale to a
state agency pursuant to Iowa Code
section
68B.3
shall file Form Public Bid within 20 days of making the sale. The form shall be
filed with the
board at 510 East 12th Street, Suite lA, Des Moines, Iowa 50319;
by fax at (515)281-4073; or as an email attachment. The failure to timely file
Form Public Bid with the
board within 20 days of making the sale may subject
the
official or
employee to
board sanctions under Iowa Code chapter 68B and
rule
351-9.4 (68B).
This rule is intended to implement Iowa Code section
68B.3.
Notes
Iowa Admin. Code r. 351-6.10
ARC 7650B, lAB 3/25/09,
effective 4/29/09; ARC 9036B, lAB 8/25/10, effective 9/29/10
Amended by
IAB
March 24, 2021/Volume XLIII, Number 20, effective
4/28/2021
