91C.7 - CONTRACTS -- CONTRACTOR'S BOND.
91C.7 CONTRACTS -- CONTRACTOR'S BOND.
1. A contractor who is not registered with the labor commissioner
as required by this chapter shall not be awarded a contract to
perform work for the state or an agency of the state.
2. a. An out-of-state contractor, before commencing a
contract in excess of five thousand dollars in value in Iowa, shall
file a bond with the division of labor services of the department of
workforce development. The surety bond shall be executed by a surety
company authorized to do business in this state, and the bond shall
be continuous in nature until canceled by the surety with not less
than thirty days' written notice to the contractor and to the
division of labor services of the department of workforce development
indicating the surety's desire to cancel the bond. The surety
company shall not be liable under the bond for any contract commenced
after the cancellation of the bond. The bond shall be in the sum of
the greater of the following:
(1) One thousand dollars.
(2) Five percent of the contract price.
b. An out-of-state contractor may file a blanket bond in an
amount at least equal to fifty thousand dollars for a two-year period
in lieu of filing an individual bond for each contract. The division
of labor services of the department of workforce development may
increase the bond amount after a hearing.
3. Release of the bond shall be conditioned upon the payment of
all taxes, including contributions due under the unemployment
compensation insurance system, penalties, interest, and related fees,
which may accrue to the state of Iowa. If at any time during the
term of the bond, the department of revenue or the department of
workforce development determines that the amount of the bond is not
sufficient to cover the tax liabilities accruing to the state of
Iowa, the labor commissioner shall require the bond to be increased
by an amount the labor commissioner deems sufficient to cover the tax
liabilities accrued and accruing.
4. The department of revenue and the department of workforce
development shall adopt rules for the collection of the forfeiture.
Notice shall be provided to the surety and to the contractor. Notice
to the contractor shall be mailed to the contractor's last known
address and to the contractor's registered agent for service of
process, if any, within the state. The contractor or surety shall
have the opportunity to apply to the director of revenue for a
hearing within thirty days after the giving of such notice. Upon the
failure to timely request a hearing, the bond shall be forfeited.
If, after the hearing upon timely request, the department of revenue
or the department of workforce development finds that the contractor
has failed to pay the total of all taxes payable, the department of
revenue or the department of workforce development shall order the
bond forfeited. The amount of the forfeiture shall be the amount of
taxes payable or the amount of the bond, whichever is less. For
purposes of this section "taxes payable" means all tax,
penalties, interest, and fees that the department of revenue has
previously determined to be due to the state by assessment or in an
appeal of an assessment, including contributions to the unemployment
compensation insurance system.
5. If it is determined that this section may cause denial of
federal funds which would otherwise be available, or is otherwise
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.
6. The bond required by this section may be attached by the
commissioner for collection of fees and penalties due to the
division. Section History: Recent Form
88 Acts, ch 1162, § 8; 89 Acts, ch 254, § 1; 91 Acts, ch 136, §5;
96 Acts, ch 1186, § 23; 97 Acts, ch 26, § 2; 2003 Acts, ch 145, §286;
2008 Acts, ch 1032, § 201; 2009 Acts, ch 179, §204