Iowa Code » Chapter 26 — PUBLIC CONSTRUCTION BIDDING
Iowa Code

Iowa Code § 26.9 (2026)

Award of contract

✓ current as of July 2026
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1. The contract for the public improvement must be awarded to the lowest responsive, responsible bidder. However, contracts relating to public utilities or extensions or improvements thereof, as described in sections 384.80 through 384.94, may be awarded by the city as it deems to be in the best interests of the city. This section shall not be construed to prohibit a governmental entity in the award of a contract for a public improvement or a governing body of a city utility from providing, in the award of a contract for a public improvement, an enhancement of payments upon early completion of the public improvement if the availability of the enhancement payments is included in the notice to bidders, the enhancement payments are competitively neutral to potential bidders, the enhancement payments are considered as a separate item in the public hearing on the award of contract, and the total value of the enhancement payments does not exceed ten percent of the value of the contract.

2. A governmental entity shall not require a potential bidder on a public improvement to provide any information which the potential bidder may deem to be confidential or proprietary as a requirement for being deemed a responsive, responsible bidder. This subsection shall not be construed to prohibit a governmental entity from obtaining information from the lowest responsive bidder to determine the bidder’s responsibility relating to the bidder’s experience, number of employees, and ability to finance the cost of the public improvement. However, a governmental entity shall require nonresident bidders to comply with section 8A.311B, subsection 4. 2006 Acts, ch 1017, §9, 42, 43; 2017 Acts, ch 65, §1, 9, 10 Referred to in §26.3, 26.10, 26.14, 314.1 \n

Notes of Decisions
Cited in 3 cases, 2006–2013 · leading case: Horsfield Materials, Inc. v. City of Dyersville, 834 N.W.2d 444 (Iowa 2013).
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Horsfield Materials, Inc. v. City of Dyersville, 834 N.W.2d 444 (Iowa 2013). · cites it 7× “§ 26.9. Gary Sejkora, a licensed professional engineer retained by the City, finalized the proposed plans and specifications for the wastewater project on December 8, 2009.”
State v. Valin, 724 N.W.2d 440 (Iowa 2006). “, Criminal Procedure § 26.9(a), at 833 (2d ed. 1999) (“In order to be valid, probation conditions must be reasonably related to the offense involved, the rehabilitation of the defendant, the protection of the public, or another legitimate punitive purpose.”
State Of Iowa Vs. Christopher Lawrence Valin (Iowa 2006). “, Criminal Procedure § 26.9(a), at 833 (2d ed. 1999) (“In order to be valid, probation conditions must be reasonably related to the offense involved, the 3We recognize section 907.”
— Iowa Code § 26.9(a) — 2 cases
State v. Valin, 724 N.W.2d 440 (Iowa 2006). “, Criminal Procedure § 26.9(a), at 833 (2d ed. 1999) (“In order to be valid, probation conditions must be reasonably related to the offense involved, the rehabilitation of the defendant, the protection of the public, or another legitimate punitive purpose.”
State Of Iowa Vs. Christopher Lawrence Valin (Iowa 2006). “, Criminal Procedure § 26.9(a), at 833 (2d ed. 1999) (“In order to be valid, probation conditions must be reasonably related to the offense involved, the 3We recognize section 907.”
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