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