Iowa Admin. Code r. 761-180.7 - Award of contract and subsequent procedures
(1) Except as
provided in subrule 180.7(3), the governmental entity is to award the contract
for the work to the contractor submitting the lowest responsive, responsible
quotation, subject to Iowa Code section
26.9, or the governmental entity
may reject all of the quotations. A contract is to be considered awarded when
the governmental entity unconditionally accepts and approves the lowest
responsive, responsible quotation. The governing body of the governmental
entity is to record the approved quotation in its meeting minutes.
(2) The governing body of a governmental
entity may delegate the authority to award and execute contracts, or to award
contracts and authorize the work to proceed, to an officer or employee of the
governmental entity, provided that an award approved outside a meeting of the
governing body is to be reported in the meeting minutes of the next regular
meeting of the governing body.
(3)
If no quotations are received from contractors to perform the work or if the
governmental entity's estimated cost to do the work with its employees, as
reflected in its quotation, is less than the lowest responsive, responsible
quotation received from a contractor, the governmental entity may authorize its
employees to perform the work.
(4)
Upon the submission of the necessary performance and payment bond by the
contractor to which the contract has been awarded and upon approval of the bond
by the governmental entity, the governmental entity is to execute a contract to
perform the work or shall authorize the contractor to proceed with the
work.
(5) Upon execution of the
contract by the contractor and the governmental entity or upon authorization to
proceed by the governmental entity and acknowledgment thereof by the
contractor, the governmental entity releases the bid bonds or other quotation
security submitted with the quotations received.
(6) If the governmental entity is a city and
the cost of the work will exceed the amount provided for in Iowa Code section
380.4, the governing body is to
pass a resolution approving the expenditure.
Notes
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(1) A competitive quotation filed by a contractor or by the governmental entity shall be in writing and shall include the total price for labor, equipment, materials and supplies required to perform the work. A contractor shall not be required to include in its quotation or in individual quotation items a breakdown of costs for labor, materials, equipment and supplies. Competitive quotations filed by contractors shall include all other information, documentation or commitments required by the governmental entity in its solicitation of quotations.
(2) If the governmental entity in its solicitation indicates its intention to file a competing quotation, contractors shall also separately identify in their quotations the premium cost for the required performance and payment bond and an estimate of the sales and fuel taxes they will incur in performing the work. However, if in its solicitation the governmental entity provides for the issuance of sales tax exemption certificates to the contractor and subcontractors performing the work, quoting contractors shall not include or separately identify estimated sales tax in their quotations.
(3) A quotation submitted by a governmental entity need not include the information, documents or commitments required of quoting contractors in subrule 180.5(7). A governmental entity is not required to submit a performance and payment bond.
(4) The governmental entity may require that quotations from contractors be submitted on a form prescribed by the governmental entity , provided the form complies with the requirements of these rules.