purchasing

Iowa Resident Bidder Preference

Revised March 2, 2015

Iowa Code, §304A.13. Preference is given to selection of fine arts works of living or deceased Iowa artists for fine arts projects in state buildings.

Iowa Code, §8A.311(1). In procuring by competitive bidding equipment, supplies, or services, the Department of Administrative Services must give a preference to purchasing Iowa products and purchases from Iowa-based businesses if the Iowa-based business bids are comparable in price to bids submitted by out-of-state businesses and otherwise meet specifications. If another state mandates a percentage preference for businesses or products from that state resulting in low and responsive Iowa bids not being selected in that state, the same percentage preference shall be applied to Iowa businesses and products when businesses or products from the other state are bid to supply Iowa requirements.

Iowa Code, §8A.311(12). The state and political subdivisions are required to give preference to purchasing Iowa products and purchasing from Iowa-based businesses if the bids meet specifications and are comparable in price to bids submitted by other bidders.

Iowa Code, §8A.311(22). Preference is given through the Department of Administrative Services to purchasing equipment, supplies, and services from and awarding public improvement contracts to an Iowa-based business if the bid is comparable in price to bids submitted by other bidders and meets specifications. This preference is subject to the Iowa-based business having adopted certain policies to support employees in the national guard and organized reserves of the United States armed forces.

Iowa Code, §73.1. Governmental bodies, other than school districts purchasing food while participating in the federal school lunch or breakfast program, must use products and provisions grown and coal produced in Iowa when found in Iowa in marketable quantities and are of a quality reasonably suited to the intended purpose and can be secured without additional costs over out-of-state products.

Iowa Code, §73.6. Governmental bodies must purchase and use coal mined or produced in Iowa by producers complying with all Iowa workers' compensation and mining laws except when coal produced in Iowa cannot be procured in a quantity or quality reasonably suited to the purchaser's needs; the equipment is not reasonably adapted to the use of coal produced in Iowa; or the use of coal produced in Iowa would materially lessen the efficiency or increase the cost of operating the purchaser's heating or power plant. There is also an exception as to mines employing workers not covered by workers' compensation plans or who permit the miners to work in individual units in their own rooms.

11 Iowa Administrative Code, 11-117.5. The Department of Administrative Services and state agencies are required to make every effort to support Iowa products and Iowa-based businesses when making a purchase. Tied responses to solicitations are decided in favor of Iowa products and Iowa-based businesses.

761 Iowa Administrative Code, 20.4. In procuring equipment, materials, supplies, and services, the Iowa Department of Transportation must resolve tie bids by giving first preference to an Iowa bidder.

IOWA RECIPROCAL PREFERENCE

Iowa Code, §8A.311. With regard to equipment, supplies, or services procured through competitive bidding by the Department of Administrative Services, if another state mandates a percentage preference for businesses or products from that state resulting in low and responsive Iowa bids not being selected in that state, the same percentage preference shall be applied to Iowa businesses and products when businesses or products from the other state are bid to supply Iowa requirements.

Iowa Code, §73A.21. When a contract for a public improvement is to be awarded to the lowest responsible bidder, a resident bidder is allowed a preference as against a nonresident bidder if the non-resident bidder's state or country gives or requires any preference to bidders from that state or country, any imposition of labor force preference, or any other preferential treatment to bidders or laborers from that state or country. The Iowa resident bidder preference allowed must be equal to the preference of the non-resident bidder's state or country of residence. With regard to a resident labor force preference, a nonresident bidder is required to apply the same resident labor force preference to a public improvement in Iowa as would be required in the non-resident's state or country of residence.