2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 314 - ADMINISTRATIVE PROVISIONS FOR HIGHWAYS
314.14 - CONTRACTS SET ASIDE FOR DISADVANTAGED BUSINESS ENTERPRISES.

        314.14  CONTRACTS SET ASIDE FOR DISADVANTAGED BUSINESS
      ENTERPRISES.
         1.  Definitions.  As used in this section:
         a.  "Disadvantaged business enterprise" means a small business
      concern which meets either of the following:
         (1)  Is at least fifty-one percent owned by one or more socially
      and economically disadvantaged individuals.
         (2)  Whose management and daily business operations are controlled
      by one or more of the socially and economically disadvantaged
      individuals who own it.
         b.  "Small business concern" means a business which is
      independently owned and operated and which is not dominant in its
      field of operation.
         c.  "Socially and economically disadvantaged individuals"
      means those individuals who are citizens of the United States or who
      are lawfully admitted permanent residents and who are African
      Americans, Hispanic Americans, Native Americans, Asian-Pacific
      Americans, Asian-Indian Americans, or any other minority or
      individuals found to be disadvantaged by the United States small
      business administration.  However, the department may also determine,
      on a case-by-case basis, that an individual who is not a member of
      one of the enumerated groups is socially and economically
      disadvantaged.  A rebuttable presumption exists that individuals in
      the following groups are socially and economically disadvantaged:
         (1)  "African Americans" which includes persons having origins
      in any of the black racial groups of Africa.
         (2)  "Hispanic Americans" which includes persons of Mexican,
      Puerto Rican, Cuban, Central or South American, or other Spanish
      culture or origin, regardless of race.
         (3)  "Native Americans" which includes persons who are
      American Indians, Eskimos, Aleuts, or Native Hawaiians.
         (4)  "Asian-Pacific Americans" which includes persons whose
      origins are from Japan, China, Taiwan, Korea, Vietnam, Laos,
      Cambodia, the Philippines, Samoa, Guam, the United States Trust
      Territories of the Pacific, and the Northern Marianas.
         (5)  "Asian-Indian Americans" which includes persons whose
      origins are from India, Pakistan, and Bangladesh.
         d.  "Prequalified" means that the disadvantaged business
      enterprise is currently approved by the department as a disadvantaged
      business enterprise, is a recognized contractor engaged in the class
      of work provided for in the plans and specifications, possesses
      sufficient resources to complete the work, and is able to furnish a
      performance bond for one hundred percent of the contract.
         2.  Set-aside.  Notwithstanding section 314.1, there may be
      set aside for bidding by prequalified disadvantaged business
      enterprises a percentage of the total annual dollar amount of public
      contracts let by the department.  The annual dollar amount set aside
      for bidding by prequalified disadvantaged business enterprises shall
      not exceed ten percent of the total dollar amount of federal aid
      highway construction contracts let by the department and federal aid
      transit dollars administered by the department.  The director may
      estimate the set-aside amount at the beginning of each fiscal year
      and a suit shall not be brought by any party as a result of this
      estimate.  Set-aside contracts will be awarded to the lowest
      responsible prequalified disadvantaged business enterprise.  This
      section shall not be construed as limiting the department's right to
      refuse any or all disadvantaged business enterprise bids.  

         Section History: Recent Form

         84 Acts, ch 1229, § 1; 2009 Acts, ch 41, §111, 112
         This section is repealed at such time as section 105(f) of the
      Surface Transportation Assistance Act of 1982, Pub. L. No. 97-424, 96
      Stat. 2100, expires pursuant to its own terms or by an act of
      Congress; 84 Acts, ch 1229, § 2 

         Footnotes

         Disadvantaged business enterprise funding reauthorized in Tit. 1,
      section 1101(b) of the 2005 SAFETEA-LU transportation reauthorization
      Act, approved August 10, 2005, Pub. L. No. 109-59, 119 Stat. 1156;
      see also 49 C.F.R. § 26.43