2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 1 - Elections
CHAPTER 47 - ELECTION COMMISSIONERS
47.5 - PURCHASING BY COMPETITIVE BIDDING.

        47.5  PURCHASING BY COMPETITIVE BIDDING.
         1.  Except for legal services and printing of ballots, the
      commissioner shall take bids for goods and services which are needed
      in connection with registration of voters or preparation for or
      administration of elections and which will be performed or provided
      by persons who are not employees of the commissioner under the
      following circumstances:
         a.  In any case where it is proposed to purchase data
      processing services.  The commissioner shall give the registrar
      written notice in advance on each occasion when it is proposed to
      have data processing services, necessary in connection with the
      administration of elections, performed by any person other than the
      registrar or an employee of the county. Such notice shall be made at
      least thirty days prior to publication of the specifications.
         b.  In all other cases, where the cost of the goods or
      services to be purchased will exceed one thousand dollars.
         2.  When it is proposed to purchase any goods or services, other
      than data processing services, in connection with administration of
      elections, the commissioner shall publish notice to bidders,
      including specifications regarding the goods or services to be
      purchased or a description of the nature and object of the services
      to be retained, in a newspaper of general circulation in the county
      not less than fifteen days before the final date for submission of
      bids.  When competitive bidding procedures are used, the purchase of
      goods or services shall be made from the lowest responsible bidder
      which meets the specifications or description of the services needed
      or the commissioner may reject all bids and readvertise.  In
      determining the lowest responsible bidder, various factors may be
      considered, including but not limited to the past performance of the
      bidder relative to quality of product or service, the past experience
      of the purchaser in relation to the product or service, the relative
      quality of products or services, the proposed terms of delivery and
      the best interest of the county.
         3.  The procedure for purchasing data processing services in
      connection with administration of elections is the same as prescribed
      in subsection 2, except that the required copy of the bid
      specifications shall be filed with the registrar rather than the
      state commissioner.  The specifications for data processing contracts
      relative to voter registration records shall be specified by the
      registration commission.  The registrar shall, not later than the
      final date for submission of bids, inform the commissioner in writing
      whether the department of administrative services data processing
      facilities are currently capable of furnishing the services the
      county proposes to purchase, and if so the cost to the county of so
      obtaining the services as determined in accordance with the standard
      charges adopted by the registration commission.  The commissioner,
      with approval of the board of supervisors, may reject all bids and
      enter into an arrangement with the registrar for the services to be
      furnished by the state.  The commissioner may recommend and the board
      of supervisors may approve purchasing the needed services from the
      lowest responsible bidder; however, if the needed services could be
      obtained through the registrar at a lower cost, the board shall
      publish notice twice in a newspaper of general circulation in the
      county of its intent to accept such bid and of the difference in the
      amount of the bid and the cost of purchasing the needed services from
      the department of administrative services data processing facilities
      through the registrar.  Each contract for the furnishing of data
      processing services necessary in connection with the administration
      of elections, by any person other than the registrar or an employee
      of the county, shall be executed with the contractor by the board of
      supervisors of the county purchasing the services, but only after the
      contract has been reviewed and approved by the registration
      commission.  The contract shall be of not more than one year's
      duration.  Each county exercising the option to purchase such data
      processing services from a provider other than the registrar shall
      provide the registrar, at the county's expense, original and updated
      voter registration lists in a form and at times prescribed by rules
      adopted by the registration commission.
         4.  Any election or registration data or records which may be in
      the possession of a contractor shall remain the property of the
      commissioner. Contracts with a private person relating to the
      maintenance and use of voter registration data, which were properly
      entered into in compliance with this section and with all other laws
      relating to bidding on such contracts, shall remain in force only
      until the most recently negotiated termination date of that contract.
      A new contract with the same provider may be entered into in
      accordance with subsection 3.  

         Section History: Early Form

         [C75, 77, 79, 81, § 47.5] 

         Section History: Recent Form

         86 Acts, ch 1245, § 312; 95 Acts, ch 103, §1, 2; 97 Acts, ch 170,
      § 11, 12; 2003 Acts, ch 145, §286