STATE GOVERNMENT AND STATE AFFAIRS
DEPARTMENT OF ADMINISTRATION
67-5725. Preservation of records -- Written contracts -- Void contracts. The administrator shall preserve all records of bids and acquisitions in his office, and information with respect thereto, in such form as he shall prescribe for a period of three (3) years after the date of final action, or for a period of time as may be proscribed by the record retention guideline schedule approved by the director of the department of administration. The records shall be subject to disclosure according to chapter 3, title 9, Idaho Code. Notwithstanding the foregoing, when an invitation to bid or a request for proposals is canceled prior to award of a purchase order or contract, the administrator shall immediately return all bids or proposals to the submitting vendor and those bids or proposals shall not be subject to disclosure under chapter 3, title 9, Idaho Code.
Every contract made by the administrator in behalf of the state shall be reduced to writing and signed by the contracting parties with their names at the end thereof and filed in the office of the administrator, together with all bids, specifications, and all other documents and records associated with the acquisition or intended acquisition.
All contracts or agreements made in violation of the provisions of this chapter shall be void and any sum of money advanced by the state of Idaho in consideration of any such contract or agreement shall be repaid forthwith. In the event of refusal or delay when repayment is demanded by the proper officer of the state of Idaho, under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying, together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of such sum of money so advanced.
[67-5725, added 1975, ch. 254, sec. 2, p. 686; am. 1991, ch. 158, sec. 4, p. 376; am. 2006, ch. 62, sec. 1, p. 192.]
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