Iowa Code r. 875-156.2 - Reporting of resident status of bidders
(1)
Reporting to public
body. When a contract for a public improvement is to be awarded to the
lowest responsible bidder, the public body shall request a statement from each
bidder regarding the bidder's resident status. The statement shall be on the
form designated by the commissioner. The statement shall require the bidder to
certify whether the bidder is a resident bidder or a nonresident bidder. In the
case of a resident bidder, the statement shall require the resident bidder to
identify each office at which the resident bidder has conducted business in the
state during the previous three years and the dates on which the resident
bidder conducted business at each office. In the case of a nonresident bidder,
the statement shall require the nonresident bidder to identify the nonresident
bidder's home state or foreign country as reported to the Iowa secretary of
state, to identify each preference offered by the nonresident bidder's home
state or foreign country, and to certify that, except as set forth on the form,
there are no other preferences offered by the nonresident bidder's home state
or foreign country. The statement shall include such additional information as
requested by the commissioner. The statement must be signed by an authorized
representative of the bidder. A fully completed statement shall be deemed to be
incorporated by reference into all project bid specifications and contract
documents with any bidder on a public improvement. Failure to provide the
statement with the bid may result in the bid being deemed nonresponsive. This
may result in the bid being rejected by the public body.
(2)
Determining residency
status.
a. For purposes of the Act, a
person or entity is a resident bidder if the person or entity:
(1) Is authorized to transact business in
Iowa; and
(2) Has had one or more
places of business in Iowa at which it is conducting or has conducted business
in this state for at least three years immediately prior to the date of the
first advertisement for the public improvement.
b. If the person or entity is a resident of a
state or foreign country that has a more stringent definition than is set forth
in paragraph 156.2(2)"a" for determining whether a person or
entity in that state or country is a resident bidder, then the more stringent
definition applies.
(3)
Determining authorization to transact business. A person or
entity is authorized to transact business in the state if one or more of the
following accurately describes the person or entity:
a. In the case of a sole proprietorship, the
sole proprietor is an Iowa resident for Iowa income tax purposes;
b. In the case of a general partnership or
joint venture, more than 50 percent of the general partners or joint venture
parties are residents of Iowa for Iowa income tax purposes;
c. In the case of a limited liability
partnership which has filed a statement of qualification in this state, the
statement has not been canceled;
d.
In the case of a limited liability partnership whose statement of qualification
is filed in a state other than Iowa, the limited liability partnership has
filed a statement of foreign qualification in Iowa and a statement of
cancellation has not been filed pursuant to Iowa Code section
486A.105(4);
e. In the case of a limited partnership or
limited liability limited partnership whose certificate of limited partnership
is filed in this state, the limited partnership or limited liability limited
partnership has not filed a statement of termination;
f. In the case of a limited partnership or a
limited liability limited partnership whose certificate of limited partnership
is filed in a state other than Iowa, the limited partnership or limited
liability limited partnership has received notification from the Iowa secretary
of state that the application for certificate of authority has been approved
and no notice of cancellation has been filed by the limited partnership or the
limited liability limited partnership;
g. In the case of a limited liability company
whose certificate of organization is filed in this state, the limited liability
company has not filed a statement of termination;
h. In the case of a limited liability company
whose certificate of organization is filed in a state other than Iowa, the
limited liability company has received a certificate of authority to transact
business in this state and the certificate has not been revoked or
canceled;
i. In the case of a
corporation whose articles of incorporation are filed in this state, the
corporation (1) has paid all fees required by Iowa Code chapter 490, (2) has
filed its most recent biennial report, and (3) has not filed articles of
dissolution;
j. In the case of a
corporation whose articles of incorporation are filed in a state other than
Iowa, the corporation (1) has received a certificate of authority from the Iowa
secretary of state, (2) has filed its most recent biennial report with the
secretary of state, and (3) has neither received a certificate of withdrawal
from the secretary of state nor had its authority revoked; or
k. The person or entity is registered with
the Iowa division of labor as a construction contractor pursuant to Iowa Code
chapter 91C.
(4)
Determining if bidder has conducted business in state. In
order to determine if a bidder has a place of business for transacting business
within Iowa at which it is conducting and has conducted business for at least
three years prior to the date of the first advertisement of the public
improvement, the bidder shall meet the following criteria for the three-year
period prior to the first advertisement for the public improvement:
a. Continuously maintained a place of
business for transacting business in Iowa that is suitable for more than
receiving mail, telephone calls, and emails; and
b. Conducted business in the state for each
of those three years and filed an Iowa income tax return, if applicable, made
payments to the Iowa unemployment insurance fund, if applicable, and maintained
an Iowa workers' compensation policy, if applicable, in effect for each of
those three years.
Notes
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