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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. §40-902 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