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 1A, 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 Code r. 351-6.10
ARC 7650B, IAB
3/25/09, effective 4/29/09; ARC
9036B, IAB 8/25/10, effective 9/29/10; ARC 5525C, IAB 3/24/21, effective
4/28/21
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
