73A.21 - RECIPROCAL RESIDENT BIDDER PREFERENCE BY STATE, ITS AGENCIES, AND POLITICAL SUBDIVISIONS.
73A.21 RECIPROCAL RESIDENT BIDDER PREFERENCE BY
STATE, ITS AGENCIES, AND POLITICAL SUBDIVISIONS.
1. For purposes of this section:
a. "Public improvement" means public improvements as defined
in section 73A.1 and includes road construction, reconstruction, and
maintenance projects.
b. "Resident bidder" means a person authorized to transact
business in this state and having a place of business for transacting
business within the state at which it is conducting and has conducted
business for at least six months prior to the first advertisement for
the public improvement and in the case of a corporation, having at
least fifty percent of its common stock owned by residents of this
state. If another state or foreign country has a more stringent
definition of a resident bidder, the more stringent definition is
applicable as to bidders from that state or foreign country.
2. Notwithstanding this chapter, chapter 73, chapter 309, chapter
310, chapter 331, or chapter 384, when a contract for a public
improvement is to be awarded to the lowest responsible bidder, a
resident bidder shall be allowed a preference as against a
nonresident bidder from a state or foreign country which gives or
requires a preference to bidders from that state or foreign country.
The preference is equal to the preference given or required by the
state or foreign country in which the nonresident bidder is a
resident.
3. This section applies to the state, its agencies, and any
political subdivisions of the state.
4. If it is determined that this may cause denial of federal
funds which would otherwise be available, or would otherwise be
inconsistent with requirements of federal law, this section shall be
suspended, but only to the extent necessary to prevent denial of the
funds or to eliminate the inconsistency with federal requirements.
Section History: Recent Form
84 Acts, ch 1045, § 1; 85 Acts, ch 67, §5
C85, § 23.21
C93, § 73A.21
2008 Acts, ch 1031, §86
See also §8A.311