Notice to Bidders
Effective July 1, 2016, publication of a Notice to Bidders in a newspaper of general circulation will no longer satisfy Iowa law. As of July 1, 2016, governmental entities must "post" their Notice to Bidders not less than thirteen (13) and not more than forty-five (45) days before the deadline for submission of bids in / on all three of the following:
- in a relevant contractor plan room service with statewide circulation, and
- in a relevant construction lead generating service with statewide circulation, and
- either on an internet site sponsored by the governmental entity or a statewide association that represents the governmental entity.
The information required in the Notice to Bidders remains unchanged. It must adequately notify a potential bidder of a proposed bid and shall include the following items:
- The time and place for filing sealed proposals.
- The time and place sealed proposals will be opened and considered on behalf of the governmental entity.
- The general nature of the public improvement on which bids are requested.
- In general terms, when the work must be commenced and completed.
- That each bidder shall accompany the bid with a bid security as defined in section 26.8 and as specified by the governmental entity.
- Any further information which the governmental entity deems pertinent.
Notice of Public Hearing
Governmental entities must still publish their Notice of Public Hearing on the plans, specifications, form of contract, and estimated total cost of their public improvement projects in a newspaper published at least once weekly and having general circulation in the city, not less than four (4) and not more than twenty (20) days before the public hearing.
In addition to the subject matter of the hearing, and the time and location of the hearing, the Notice of Public Hearing must now also include a description of the public improvements being constructed and the location of those improvements.
Postponed Bid Letting
If circumstances beyond the control of the governmental entity cause a scheduled bid letting to be postponed and there are no changes to the project's contract documents, a Notice to Bidders of the revised date shall be posted not less than four (4) and not more than forty-five (45) days before the revised date for filing bids in the same locations now required for the initial posting.
Your local government and education lawyers with Ahlers & Cooney, P.C. recommend you consult with your legal counsel to ensure compliance with the new law.