26.14 - COMPETITIVE QUOTATIONS FOR PUBLIC IMPROVEMENT CONTRACTS.
26.14 COMPETITIVE QUOTATIONS FOR PUBLIC IMPROVEMENT
CONTRACTS.
1. Competitive quotations shall be required for a public
improvement having an estimated total cost that exceeds the
applicable threshold amount provided in this section, but is less
than the competitive bid threshold established in section 26.3.
2. Unless the threshold amounts are adjusted pursuant to section
314.1B, the following threshold amounts shall apply:
a. Sixty-seven thousand dollars for a county, including a
county hospital.
b. Fifty-one thousand dollars for a city having a population
of fifty thousand or more.
c. Fifty-one thousand dollars for a school district having a
population of fifty thousand or more.
d. Fifty-one thousand dollars for an aviation authority
created within a city having a population of fifty thousand or more.
e. Thirty-six thousand dollars for a city having a population
of less than fifty thousand, for a school district having a
population of less than fifty thousand, and for any other
governmental entity.
f. The threshold amount applied to a city applies to a city
hospital.
3. a. When a competitive quotation is required, the
governmental entity shall make a good faith effort to obtain
quotations for the work from at least two contractors regularly
engaged in such work prior to letting a contract. Good faith effort
shall include advising all contractors who have filed with the
governmental entity a request for notice of projects. The
governmental entity shall provide such notice in a timely manner so
that a requesting contractor will have a reasonable opportunity to
submit a competitive quotation. Quotations may be obtained from
contractors after the governmental entity provides a description of
the work to be performed, including the plans and specifications
prepared by an architect, landscape architect, or engineer, if
required under chapter 542B, 544B, or 544A, and an opportunity to
inspect the work site. The contractor shall include in the quotation
the price for labor, materials, equipment, and supplies required to
perform the work. If the work can be performed by an employee or
employees of the governmental entity, the governmental entity may
file a quotation for the work to be performed in the same manner as a
contractor. If the governmental entity receives no quotations after
making a good faith effort to obtain quotations from at least two
contractors regularly engaged in such work, the governmental entity
may negotiate a contract with a contractor regularly engaged in such
work.
b. The governmental entity shall designate the time, place,
and manner for filing quotations, which may be received by mail,
facsimile, or electronic mail. The governmental entity shall award
the contract to the contractor submitting the lowest responsive,
responsible quotation subject to section 26.9, or the governmental
entity may reject all of the quotations. The unconditional
acceptance and approval of the lowest responsive, responsible
quotation shall constitute the award of a contract. The governmental
entity shall record the approved quotation in its meeting minutes.
The contractor awarded the contract shall not commence work until the
contractor's performance and payment bond has been approved by the
governmental entity. A governmental entity may delegate the
authority to award a contract, to execute a contract, to authorize
work to proceed under a contract, or to approve the contractor's
performance and payment bond to an officer or employee of the
governmental entity. A quotation approved outside a meeting of the
governing body of a governmental entity shall be included in the
minutes of the next regular or special meeting of the governing body.
c. If a public improvement may be performed by an employee of
the governmental entity, the amount of estimated sales and fuel tax
and the premium cost for the performance and payment bond which a
contractor identifies in its quotation shall be deducted from the
contractor's price for determining the lowest responsive, responsible
quotation. If no quotations are received to perform the work, or if
the governmental entity's estimated cost to do the work with its
employee is less than the lowest responsive, responsible quotation
received, the governmental entity may authorize its employee or
employees to perform the work. Section History: Recent Form
2006 Acts, ch 1017, §14, 42, 43; 2007 Acts, ch 144, § 9; 2009
Acts, ch 133, §10
Referred to in § 26.4, 26.14A, 314.1A, 314.1B