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S1081.....................................................by TRANSPORTATION
HIGHWAY CONTRACTS - BIDS - Amends existing law relating to highway
contracts and bids to provide that when a contracting agency allows bid
documents to be submitted electronically, an electronic bid bond with valid
electronic signatures shall accompany the electronic bid documents.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Transp
02/18 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 27-0-8
AYES -- Andreason, Broadsword, Bunderson, Cameron, Coiner, Compton,
Corder, Darrington, Davis, Gannon, Geddes, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Brandt, Burkett, Burtenshaw, Goedde, Hill,
Noble, Sweet, Williams
Floor Sponsor - Langhorst
Title apvd - to House
02/23 House intro - 1st rdg - to Transp
03/11 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood,
Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher,
Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle,
Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts,
Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Nonini, Smith(24), Wills
Floor Sponsor - Mitchell
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/21 To Governor
03/23 Governor signed
Session Law Chapter 125
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1081
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY CONTRACTS AND BIDS; AMENDING SECTION 40-902, IDAHO CODE,
3 TO PROVIDE THAT WHEN A CONTRACTING AGENCY ALLOWS BID DOCUMENTS TO BE SUB-
4 MITTED ELECTRONICALLY, ELECTRONIC BID BOND WITH VALID ELECTRONIC SIGNA-
5 TURES SHALL ACCOMPANY THE ELECTRONIC BID DOCUMENTS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 40-902, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 40-902. BIDS -- STATE HIGHWAY SYSTEM. (1) Whenever work on the state
10 highway system is let by contract, sealed bids must be called for by public
11 advertisement in at least two (2) consecutive weekly issues in a weekly news-
12 paper or five (5) issues in a daily newspaper, having a general circulation in
13 the county or one (1) of the counties, where the work is to be done.
14 (2) Each bid must be accompanied by a cashier's check or a certified
15 check in favor of the department on some bank in the state of Idaho, or by a
16 bidder's bond, for the sum of five percent (5%) of the amount of the bid, to
17 be forfeited if the bidder, upon acceptance of his bid, fails or refuses to
18 enter into a contract within fifteen (15) days after the presentation of the
19 contract by the department to him for execution and to furnish the required
20 bond. Checks and bonds of unsuccessful bidders shall be returned immediately
21 after the contract is awarded. If the contracting agency allows electronically
22 submitted bid documents, then a bid bond in electronic form with valid elec-
23 tronic signatures shall accompany the submittal of the electronic bid docu-
24 ments.
25 (3) Bids shall be opened publicly at the time and place specified in the
26 advertisement and the contract let to the lowest responsible bidder, but the
27 department has the right to reject any and all bids, or to let the contract
28 for a part or all of the work.
29 (4) If no satisfactory bid is received, new bids may be called for, or
30 the work may be performed by day labor, or as may be determined by the depart-
31 ment.
32 (5) A bidder who did not submit the lowest responsible bid as determined
33 by the department may within five (5) calendar days of bid opening file a
34 written application to challenge the department's determination of the lowest
35 responsible bidder and apply to the department's chief engineer for the
36 appointment of a hearing officer to hold a contested case hearing. The appli-
37 cation shall set forth in specific terms the reasons why the department's
38 decision is thought to be erroneous. Upon receipt of an application, the chief
39 engineer shall appoint a hearing officer with the authority to conduct a con-
40 tested case hearing in accordance with the provisions of chapter 52, title 67,
41 Idaho Code. Upon receipt from the hearing officer of findings of fact, conclu-
42 sions of law and a recommended order, the chief engineer shall review the same
43 and enter a final order sustaining or reversing the decision of the department
2
1 on the selection of the lowest responsible bidder. Following entry of the
2 final order, the chief engineer shall have the authority to award the contract
3 to the bidder determined in the final order to be the lowest responsible bid-
4 der at a time and in a manner which shall be in the best interest of the
5 state.
STATEMENT OF PURPOSE
RS 14436
The purpose of the proposed legislation is to amend I.C. ยง40-902
to allow for bids and bid bonds on State highway projects to be
submitted in an electronic form with valid electronic signatures.
FISCAL IMPACT
There is no fiscal impact to the General Fund.
CONTACT
Name: Gary Moles
Agency: Idaho Transportation Department
Phone: 334-8502
Statement of Purpose/Fiscal Impact S 1081