Iowa Code § 73.16

Current through March 29, 2024

Section 73.16 - Procurements from small businesses and targeted small businesses - goals

Notwithstanding any provision of law or rule relating to competitive bidding procedures:

1. Every agency, department, commission, board, committee, officer, or other governing body of the state shall purchase goods and services supplied by small businesses and targeted small businesses in Iowa. In addition to the other provisions of this section relating to procurement contracts for targeted small businesses, all purchasing authorities shall assure that a proportionate share of small businesses and targeted small businesses identified under the uniform small business vendor application program of the economic development authority are given the opportunity to bid on all solicitations issued by agencies and departments of state government.

a. Prior to the commencement of a fiscal year, the director of each agency or department of state government having purchasing authority, in cooperation with the targeted small business project manager of the economic development authority, shall establish for that fiscal year a procurement goal from certified targeted small businesses identified pursuant to section 15.108, subsection 6, paragraph "d".

(1) The procurement goal shall include the procurement of all goods and services, including construction, but not including utility services.

(2) A procurement goal shall be stated in terms of a dollar amount of certified purchases and shall be established at a level that exceeds the procurement levels from certified targeted small businesses during the previous fiscal year.

b. The director of an agency or department of state government that has established a procurement goal as required under this subsection shall provide a report within fifteen business days following the end of each calendar quarter to the targeted small business marketing and compliance manager of the economic development authority, providing the total dollar amount of certified purchases from certified targeted small businesses during the previous calendar quarter. The required report shall be made in a form approved by the targeted small business marketing and compliance manager.

(1) The director of each department and agency of state government shall cooperate with the director of the department of inspections, appeals, and licensing, the director of the economic development authority, and the director of the department of management and do all acts necessary to carry out the provisions of this subchapter.

(2) The director of each agency or department of state government having purchasing authority shall issue electronic bid notices for distribution to the targeted small business internet site located at the economic development authority if the director releases a solicitation for bids for procurement of equipment, supplies, or services. The notices shall be provided to the targeted small business marketing manager forty-eight hours prior to the issuance of all bid notices. The notices shall contain a description of the subject of the bid, a point of contact for the bid, and any subcontract goals included in the bid.

(3) A community college, area education agency, or school district shall establish a procurement goal from certified targeted small businesses, identified pursuant to section 15.108, subsection 6, paragraph "d", of at least ten percent of the value of anticipated procurements of goods and services including construction, but not including utility services, each fiscal year.

d. Of the total value of anticipated procurements of goods and services under this subsection, an additional goal shall be established to procure at least forty percent from minority-owned businesses and forty percent from female-owned businesses and forty percent from service-disabled veteran-owned businesses, as defined in section 73.14, that are targeted small businesses.

Iowa Code § 73.16

86 Acts, ch 1245, §832; 88 Acts, ch 1273, §11; 90 Acts, ch 1156, §6; 94 Acts, ch 1076, §5; 2000 Acts, ch 1231, §35; 2007 Acts, ch 207, §10, 18; 2008 Acts, ch 1032, § 164; 2009 Acts, ch 133, § 19; 2011 Acts, ch 118, § 85, 89; 2013 Acts, ch 90, § 257; 2014 Acts, ch 1026, § 143; 2015 Acts, ch 136, §37, 54, 55; 2017 Acts, ch 160, §10, 11; 2023 Acts, ch 19, § 1737

Amended by 2023 Iowa, ch 19, s 1737, eff. 7/1/2023.

Amended by 2017 Iowa, ch 160, s 11, eff. 7/1/2017.

Amended by 2017 Iowa, ch 160, s 10, eff. 7/1/2017.

Amended by 2015 Iowa, ch 136,s 37, eff. 7/2/2015.

Referred to in §8A.111, 8A.311, 11.26, 12E.12, 15.107B, 15.108, 97B.7A, 262.34A

State board of regents' bid procedure, §262.34A

Subsection 2, paragraph c, subparagraph (1) amended