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H0452......................................................by STATE AFFAIRS PURCHASING DIVISION - Amends existing law to provide that when an invitation to bid or a request for proposals is canceled prior to the award of a purchase order or contract, the administrator of the Division of Purchasing shall immediately return all bids or proposals to the submitting vendor and those bids or proposals shall not be subject to disclosure under the Public Records Act. 01/24 House intro - 1st rdg - to printing 01/25 Rpt prt - to St Aff 02/13 Rpt out - rec d/p - to 2nd rdg 02/14 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 66-0-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bayer, Bedke, Moyle, Roberts Floor Sponsor - Miller Title apvd - to Senate 02/22 Senate intro - 1st rdg - to Com/HuRes 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 26-6-3 AYES -- Andreason, Brandt, Broadsword, Bunderson, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie, Richardson, Schroeder, Stegner, Sweet, Williams NAYS -- Kelly, Langhorst, Malepeai, Marley, Stennett, Werk Absent and excused -- Burkett, Burtenshaw, Pearce Floor Sponsor - Goedde Title apvd - to House 03/08 To enrol 03/09 Rpt enrol - Sp signed 03/10 Pres signed 03/13 To Governor 03/14 Governor signed Session Law Chapter 62 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 452 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE DIVISION OF PURCHASING; AMENDING SECTION 67-5725, IDAHO CODE, 3 TO PROVIDE THAT WHEN AN INVITATION TO BID OR A REQUEST FOR PROPOSALS IS 4 CANCELED PRIOR TO AWARD OF A PURCHASE ORDER OR CONTRACT, THE ADMINISTRA- 5 TOR OF THE DIVISION OF PURCHASING SHALL IMMEDIATELY RETURN ALL BIDS OR 6 PROPOSALS TO THE SUBMITTING VENDOR AND THOSE BIDS OR PROPOSALS SHALL NOT 7 BE SUBJECT TO DISCLOSURE UNDER CHAPTER 3, TITLE 9, IDAHO CODE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 67-5725, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-5725. PRESERVATION OF RECORDS -- WRITTEN CONTRACTS -- VOID CONTRACTS. 12 The administrator shall preserve all records of bids and acquisitions in his 13 office, and information with respect thereto, in such form as he shall pre- 14 scribe for a period of three (3) years after the date of final action, or for 15 a period of time as may be proscribed by the record retention guideline sched- 16 ule approved by the director of the department of administration. The records 17 shall be subject to disclosure according to chapter 3, title 9, Idaho Code. 18 Notwithstanding the foregoing, when an invitation to bid or a request for pro- 19 posals is canceled prior to award of a purchase order or contract, the admin- 20 istrator shall immediately return all bids or proposals to the submitting 21 vendor and those bids or proposals shall not be subject to disclosure under 22 chapter 3, title 9, Idaho Code. 23 Every contract made by the administrator in behalf of the state shall be 24 reduced to writing and signed by the contracting parties with their names at 25 the end thereof and filed in the office of the administrator, together with 26 all bids, specifications, and all other documents and records associated with 27 the acquisition or intended acquisition. 28 All contracts or agreements made in violation of the provisions of this 29 chapter shall be void and any sum of money advanced by the state of Idaho in 30 consideration of any such contract or agreement shall be repaid forthwith. In 31 the event of refusal or delay when repayment is demanded by the proper officer 32 of the state of Idaho, under whose authority such contract or agreement shall 33 have been made or entered into, every person so refusing or delaying, together 34 with his surety or sureties, shall be forthwith prosecuted at law for the 35 recovery of such sum of money so advanced.
STATEMENT OF PURPOSE RS 15352 Revise Section 67-5725, Idaho Code, to provide that if a bid is cancelled prior to contract award, the Division of Purchasing shall immediately return all bid proposals to the submitting vendors. As Section 67-5725, Idaho Code, is currently written, the administrator must keep all bids/proposals for three (3) years. When an invitation to bid or request for proposals is cancelled, the Division of Purchasing frequently receives one (or more) public record requests for the bid/proposal document, specifically the prices. Bidders can use this information to try to manipulate the process upon re-bid. Having to disclose submittals and prices on a cancelled bid undermines the process and can create an unfair and artificial bid environment. Amending Section 67-5725 as proposed would help prevent this. FISCAL NOTE None CONTACT Name: Joanna Guilfoy Agency: Administration, Dept. of Phone: 332-1832 STATEMENT OF PURPOSE/FISCAL NOTE H 452