2005 Legislation
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HOUSE BILL NO. 337 – Public wks contract, info, Tax Comm

HOUSE BILL NO. 337

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Bill Status



H0337......................................................by STATE AFFAIRS
PUBLIC WORKS CONTRACTING - Amends existing law relating to public works
contracting to provide that a contract awarding agency shall provide
certain information to the State Tax Commission; to provide that the prime
contractor shall provide certain information within a specified time to the
State Tax Commission upon written request; to provide that the State Tax
Commission shall forward certain information; to provide that certain bids
shall be awarded to the qualified bidder submitting the lowest responsive
bid; and to revise requirements applicable to notices soliciting bids.
                                                                        
03/14    House intro - 1st rdg - to printing
03/15    Rpt prt - to Bus
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 63-1-6
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Ring, Ringo, Roberts, Rusche, Rydalch, Sali,
      Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- Schaefer
      Absent and excused -- Crow, Kemp, Lake, Raybould, Smith(30), Mr.
      Speaker
    Floor Sponsor - Black
    Title apvd - to Senate
03/18    Senate intro - 1st rdg - to Com/HuRes
03/23    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
03/25    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Compton
    Title apvd - to House
03/28    To enrol
03/29    Rpt enrol - Sp signed
03/30    Pres signed
03/31    To Governor
04/06    Governor signed
         Session Law Chapter 295
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 337
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC WORKS CONTRACTING; AMENDING SECTION 54-1904A,  IDAHO  CODE,
  3        AS  AMENDED BY SECTION 26, HOUSE BILL 263, AS ENACTED BY THE FIRST REGULAR
  4        SESSION OF THE FIFTY-EIGHTH IDAHO LEGISLATURE, TO PROVIDE THAT A  CONTRACT
  5        AWARDING AGENCY SHALL PROVIDE CERTAIN INFORMATION TO THE STATE TAX COMMIS-
  6        SION,  TO PROVIDE THAT THE PRIME CONTRACTOR SHALL PROVIDE CERTAIN INFORMA-
  7        TION WITHIN A SPECIFIED TIME TO THE  STATE  TAX  COMMISSION  UPON  WRITTEN
  8        REQUEST AND TO PROVIDE THAT THE STATE TAX COMMISSION SHALL FORWARD CERTAIN
  9        INFORMATION; AND AMENDING SECTION 67-2805, IDAHO CODE, AS ADDED BY SECTION
 10        37,  HOUSE  BILL  263,  AS  ENACTED  BY  THE  FIRST REGULAR SESSION OF THE
 11        FIFTY-EIGHTH IDAHO LEGISLATURE, TO PROVIDE  THAT  CERTAIN  BIDS  SHALL  BE
 12        AWARDED  TO  THE QUALIFIED BIDDER SUBMITTING THE LOWEST RESPONSIVE BID, TO
 13        REVISE REQUIREMENTS APPLICABLE TO NOTICES SOLICITING BIDS  AND  TO  REVISE
 14        TERMINOLOGY.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Section 54-1904A, Idaho Code, as amended by Section 26,
 17    House Bill 263, as enacted by the First Regular Session  of  the  Fifty-eighth
 18    Idaho Legislature, be, and the same is hereby amended to read as follows:
                                                                        
 19        54-1904A.  FILING  OF  NOTICES AND INCOME TAX RETURNS -- PAYMENT OF INCOME
 20    TAXES BY CONTRACTORS. Within thirty (30) days after any public works  contrac-
 21    tor who is required to be licensed pursuant to this chapter has been awarded a
 22    contract  for construction to be performed within the state of Idaho involving
 23    the expenditure of any public  moneys,  the  contract  awarding  agency  shall
 24    notify  the  state tax commission that the contract has been awarded and shall
 25    provide to the state tax commission the name and address of the prime contrac-
 26    tor. Upon written request of the state tax commission, the  prime  contractor,
 27    within  thirty  (30)  days,  shall file with the state tax commission a signed
 28    statement showing the date on which such contract was  made  or  awarded,  the
 29    names  and addresses of the home offices of the contracting parties, including
 30    all subcontractors, the state of incorporation if the party is a  corporation,
 31    the  project  number and a general description of the type and location of the
 32    work to be performed, the amount of the prime contract and  all  subcontracts,
 33    and all other relevant information which may be required on forms which may be
 34    prescribed  by  the  state  tax  commission. with a copy to be sent to the The
 35    state tax commission shall forward to the administrator such information  from
 36    the  form as the administrator and the state tax commission agree is necessary
 37    for the administrator to fulfill the requirements of  section  54-1913,  Idaho
 38    Code.  Every contractor or subcontractor whose name appears on any such notice
 39    shall be required to file income tax returns with the state tax commission and
 40    to pay all income taxes which may be due thereon pursuant to law for all years
 41    in which any public moneys were received by him in connection  with  any  con-
 42    struction work which was performed within the state of Idaho.
                                                                        
                                           2
                                                                        
  1        SECTION  2.  That  Section  67-2805,  Idaho  Code, as added by Section 37,
  2    House Bill 263, as enacted by the First Regular Session  of  the  Fifty-eighth
  3    Idaho Legislature, be, and the same is hereby amended to read as follows:
                                                                        
  4        67-2805.  PROCUREMENT  OF  PUBLIC  WORKS CONSTRUCTION. (1) For any contem-
  5    plated public works construction project with an estimated total cost of  less
  6    than  fifty thousand dollars ($50,000), where the political subdivision deter-
  7    mines that there may be a lack of available licensed contractors, a  political
  8    subdivision  may  publish  a notice of intent to procure in its official news-
  9    paper, concurrently sending  such  notice  to  the  public  works  contractors
 10    license board, in order to solicit statements of interest from licensed public
 11    works contractors to determine whether one (1) or more licensed contractors is
 12    interested  in submitting bids. Such notice of intent to procure shall be pro-
 13    vided by the same means required for  published  solicitation  of  competitive
 14    bids  and  shall  contain  essentially  the same information as such published
 15    notice. If no licensed public works contractor submits a statement  of  inter-
 16    est,  the  political  subdivision  may purchase public works construction from
 17    other than a licensed public works contractor by using  the  same  procurement
 18    procedures otherwise specified herein.
 19        (2)  When  a  political subdivision contemplates an expenditure to procure
 20    public works construction valued in excess  of  twenty-five  thousand  dollars
 21    ($25,000)  but not to exceed one hundred thousand dollars ($100,000), the pro-
 22    curement procedures of this subsection (2) shall apply:
 23        (a)  The solicitation for bids for the public  works  construction  to  be
 24        performed  shall  be  supplied to no fewer than three (3) owner-designated
 25        licensed public works contractors by written means, either  by  electronic
 26        or  physical  delivery.  The  solicitation shall describe the construction
 27        work to be completed in sufficient detail to allow an  experienced  public
 28        works contractor to understand the construction project the political sub-
 29        division seeks to build.
 30        (b)  The  solicitation  for bids shall describe the electronic or physical
 31        delivery method or methods authorized to submit a bid, the date  and  time
 32        by  which a bid proposal must be received by the clerk, secretary or other
 33        authorized official of the political subdivision, and shall provide a rea-
 34        sonable time to respond to the solicitation, provided that except  in  the
 35        event of an emergency, such time shall not be less than three (3) business
 36        days.
 37        (c)  Written  objections  to  specifications  or  bid  procedures  must be
 38        received by the clerk, secretary  or  other  authorized  official  of  the
 39        political  subdivision  at  least one (1) business day before the date and
 40        time upon which bids are scheduled to be received.
 41        (d)  When written bids have been received, by  either  physical  or  elec-
 42        tronic delivery, they shall be submitted to the governing board or govern-
 43        ing  board-authorized official which shall approve the responsive bid pro-
 44        posing the lowest procurement price or reject all bids and publish  notice
 45        for bids, as before.
 46        (e)  If the political subdivision finds that it is impractical or impossi-
 47        ble  to  obtain  three (3) bids for the proposed public works procurement,
 48        the political subdivision may acquire the work in any manner the political
 49        subdivision deems best from a qualified public  works  contractor  quoting
 50        the  lowest  price.  When  fewer  than  three  (3)  bids are considered, a
 51        description of the efforts undertaken to procure at least three  (3)  bids
 52        shall  be  documented  by the political subdivision and such documentation
 53        shall be maintained for at least six  (6)  months  after  the  procurement
 54        decision is made. If two (2) or more price quotations offered by different
                                                                        
                                           3
                                                                        
  1        licensed  public  works contractors are the same and the lowest responsive
  2        bids, the governing  board  or  governing-board  authorized  official  may
  3        accept the one (1) it chooses.
  4        (3)  When  a political subdivision contemplates an expenditure to purchase
  5    public works construction valued in excess of  one  hundred  thousand  dollars
  6    ($100,000), the procurement procedures of this subsection (3) shall apply. The
  7    purchase  of  construction    services shall be made pursuant to a competitive
  8    sealed bid process with the purchase to be  made  from  the  qualified  public
  9    works contractor submitting the lowest bid price complying with bidding proce-
 10    dures  and  meeting the prequalifications, if any are provided, established by
 11    the bid documents. Competitive bidding for public works  may  proceed  through
 12    either of two (2) alternative procedures as set forth below:
 13        (a)  Category  A.  Competitive bidding procedures shall be open to receipt
 14        of bids from any licensed public works contractor desiring to bid  upon  a
 15        public  works project. For a category A bid, the political subdivision may
 16        only consider  the  amount  bid,  bidder  compliance  with  administrative
 17        requirements of the bidding process, and whether the bidder holds the req-
 18        uisite license, and shall award the bid to the qualified bidder submitting
 19        the lowest responsive bid.
 20             (i)    The  request for bids for a category A procurement shall set a
 21             date and place for the public opening of bids. Two (2) notices solic-
 22             iting bids shall be published in the official newspaper of the polit-
 23             ical subdivision. The first notice shall be published  at  least  two
 24             (2) weeks before the date for opening bids, with the second notice to
 25             be  published  in  the succeeding week at least seven (7) days before
 26             the date that bids are scheduled  to  be  opened.  The  notice  shall
 27             succinctly describe the project to be constructed. Copies of specifi-
 28             cations,  bid  forms,  bidder's instructions, contract documents, and
 29             general and special instructions shall be made available upon request
 30             and payment of a reasonable plan copy fee by any interested bidder.
 31             (ii)   Written objections to  specifications  or  bidding  procedures
 32             must be received by the clerk, secretary or other authorized official
 33             of  the political subdivision at least three (3) business days before
 34             the date and time upon which bids are scheduled  to  be  opened.  The
 35             administrative  officer  or  governing  board supervising the bidding
 36             process shall respond to any such objection in writing  and  communi-
 37             cate  such  response  to  the  objector  and  all other plan holders,
 38             adjusting bidding timeframes if necessary.
 39             (iii)  All bids shall  be  presented  or  otherwise  delivered  under
 40             sealed  cover  to  the  clerk  of  the political subdivision or other
 41             authorized agent of  the  political  subdivision  designated  by  the
 42             information  provided  to bidders by the political subdivision with a
 43             concise statement marked on the  outside  generally  identifying  the
 44             expenditure to which the bid pertains.
 45             (iv)   If  the  political  subdivision  deems  it is in the political
 46             subdivision's best interest, it may require the bidder to provide bid
 47             security in an amount equal to at least  five  percent  (5%)  of  the
 48             amount bid. If required, a bid shall not be considered unless one (1)
 49             of the forms of bidder's security is enclosed with it, and unless the
 50             bid is submitted in a form which substantially complies with the form
 51             provided  by the political subdivision. The political subdivision may
 52             require that the bid security be in one (1) of the following forms:
 53                  (A)  Cash;
 54                  (B)  A cashier's check made payable to  the  political  subdivi-
 55                  sion;
                                                                        
                                           4
                                                                        
  1                  (C)  A  certified  check  made payable to the political subdivi-
  2                  sion; or
  3                  (D)  A bidder's bond executed by  a  qualified  surety  company,
  4                  made payable to the political subdivision.
  5             (v)    Any bid received by the political subdivision may not be with-
  6             drawn  after the date and time set in the notice for opening of bids.
  7             When sealed bids have been  received, they shall be opened in  public
  8             at a designated place and time, thereafter to be compiled and submit-
  9             ted to the governing board for award.
 10             (vi)   If  the  successful  bidder fails to execute the contract, the
 11             amount of his bidder's security may be  forfeited  to  the  political
 12             subdivision  at  the sole discretion of the political subdivision and
 13             the proceeds shall be deposited in a designated fund out of which the
 14             expenses of procuring substitute performance are paid.
 15             (vii)  The political subdivision may, on the refusal  or  failure  of
 16             the  successful bidder to execute the contract, award the contract to
 17             the qualified bidder submitting the next lowest  responsive  bid.  If
 18             the  governing board awards the contract to the next lowest qualified
 19             bidder, the amount of the lowest qualified bidder's security  may  be
 20             applied  by  the  political subdivision to the difference between the
 21             lowest responsive bid and the next lowest  responsive  bid,  and  the
 22             surplus,  if  any,  shall be returned to the lowest bidder if cash or
 23             check is used, or to the surety on the bidder's bond  if  a  bond  is
 24             used,  less reasonable administrative costs not to exceed twenty-five
 25             percent (25%) of the amount of the bidder's security to the owner.
 26             (viii) In its discretion, the governing board  may  reject  all  bids
 27             presented and re-bid, or the governing board may, after finding it to
 28             be  a fact, pass a resolution declaring that the project sought to be
 29             accomplished by the expenditure can be performed more economically by
 30             purchasing goods and services on the open market. If  identical  bids
 31             are  received,  the governing board may choose the bidder it prefers.
 32             If no bids are received, the governing board may procure the goods or
 33             services without further competitive bidding procedures.
 34             (ix)   If the governing board of any political subdivision chooses to
 35             award a competitively bid contract involving the procurement of  pub-
 36             lic  works  construction to a bidder other than the apparent low bid-
 37             der, the political subdivision shall declare its reason or reasons on
 38             the record and shall communicate such reason or reasons in writing to
 39             all persons who have submitted a competing bid.
 40             (x)    If any participating bidder objects to such award, such bidder
 41             shall respond in writing to the notice from the political subdivision
 42             within seven (7) calendar days of the  date  of  transmittal  of  the
 43             notice,  setting forth in such response the express reason or reasons
 44             that the award decision of the governing board is in error.  Thereaf-
 45             ter,  staying  performance  of any procurement until after addressing
 46             the contentions raised by the objecting bidder, the  governing  board
 47             shall  review  its decision and determine whether to affirm its prior
 48             award, modify the award, or choose to re-bid, setting forth its  rea-
 49             son  or reasons therefor. After completion of the review process, the
 50             political subdivision may proceed as it deems to  be  in  the  public
 51             interest.
 52        (b)  Category  B. Competitive bidding procedures shall be open to licensed
 53        public works contractors only after meeting preliminary supplemental qual-
 54        ifications established by the political subdivision. The solicitation  for
 55        bids  in a category B procurement shall consist of two (2) stages, an ini-
                                                                        
                                           5
                                                                        
  1        tial stage determining supplemental prequalifications  for  licensed  con-
  2        tractors,  either prime or specialty contractors, followed by a stage dur-
  3        ing which bid prices will be accepted only from prequalified contractors.
  4             (i)    Notice of the prequalification stage of the category B compet-
  5             itive bidding process shall be given in the same manner  that  notice
  6             of  competitive  bidding is provided for a category A competitive bid
  7             request, providing a specific date and time by which   qualifications
  8             statements  must  be  received.  Political subdivisions may establish
  9             prequalification standards premised upon demonstrated technical  com-
 10             petence, experience constructing similar facilities, prior experience
 11             with  the  political  subdivision,  available nonfinancial resources,
 12             equipment and personnel as they relate to the  subject  project,  and
 13             overall  performance history based upon a contractor's entire body of
 14             work. Such request must include  the  standards  for  evaluating  the
 15             qualifications of prospective bidders.
 16             (ii)   During  the  initial  stage of the category B bidding process,
 17             licensed contractors desiring to be prequalified to bid on a  project
 18             must  submit  a written response to a political subdivision's request
 19             for qualifications.
 20             (iii)  Written objections  to  prequalification  procedures  must  be
 21             received  by the clerk, secretary or other authorized official of the
 22             political subdivision at least three (3)  business  days  before  the
 23             date  and  time  upon  which prequalification statements are due. The
 24             administrative officer or governing  board  supervising  the  bidding
 25             process  shall  respond to any such objection in writing and communi-
 26             cate such response to the objector and all other contractors  seeking
 27             to  prequalify,  adjusting  bidding  timeframes if necessary. After a
 28             review of qualification submittals,  the  political  subdivision  may
 29             select licensed contractors that meet the prequalification standards.
 30             If  any licensed contractor submits a statement of qualifications but
 31             is not selected as a  qualified  bidder,  the  political  subdivision
 32             shall  supply  a  written  statement of the reason or reasons why the
 33             contractor failed to meet prequalification standards.
 34             (iv)   Any licensed contractor that fails the prequalification  stage
 35             can appeal any such determination to the governing board within seven
 36             (7) days after transmittal of the prequalification results to contest
 37             the  determination. If the governing board sustains the decision that
 38             a contractor fails to meet prequalification standards, it shall state
 39             its reason or reasons for the record. A governing board decision con-
 40             cerning prequalification may be appealed to the public works contrac-
 41             tors license board no more than  fourteen  (14)  days  following  any
 42             decision on appeal made by the governing board. The public works con-
 43             tractors  license  board  shall decide any such appeal within thirty-
 44             five (35) days of the filing of a timely  appeal.  The  public  works
 45             contractors license board shall allow participation, written or oral,
 46             by  the appealing contractor and the political subdivision, either by
 47             employing a hearing officer or otherwise. The public  works  contrac-
 48             tors  license board shall not substitute its judgment for that of the
 49             political subdivision, limiting its review to determining whether the
 50             decision of the governing board  is  consistent  with  the  announced
 51             prequalification  standards,  whether  the prequalification standards
 52             comport with the law and whether the governing  board's  decision  is
 53             supported  by  the entirety of the record. The decision of the public
 54             works contractors license board shall be written and shall state  the
 55             reason  or reasons for the decision. Category B prequalification pro-
                                                                        
                                           6
                                                                        
  1             cedures that are appealed shall be stayed during the pendency of  the
  2             prequalification  appeal  until  the public works contractors license
  3             board completes its review, but in no instance more  than  forty-nine
  4             (49) days after the appellate decision of the governing board regard-
  5             ing  prequalification.  Any licensed public works contractor affected
  6             by a decision on appeal by the public works contractors license board
  7             may, within twenty-eight (28) days of the final decision, seek  judi-
  8             cial review as provided by chapter 52, title 67, Idaho Code.
  9             (v)    Following  the  conclusion of the prequalification administra-
 10             tive procedures, the bidding stage shall proceed by the setting of  a
 11             time,  date  and  place for the  public opening of bids. A In circum-
 12             stances involving prequalified prime contractors, a notice soliciting
 13             bids shall be transmitted to prequalified bidders at  least  fourteen
 14             (14)  days  before  the  date  of  opening the bids. In circumstances
 15             involving prequalified  specialty  or  subordinate  contractors,  the
 16             notice soliciting bids shall be published in the same manner applica-
 17             ble  to  category  A  bids.  The notice shall succinctly describe the
 18             project to be  constructed.  Copies  of  specifications,  bid  forms,
 19             bidder's  instructions,  contract  documents, and general and special
 20             instructions shall be made available upon request and  payment  of  a
 21             reasonable plan copy fee by any prequalified eligible bidder.
 22             (vi)   Written  objections  to  specifications  or bidding procedures
 23             must be received by the clerk, secretary or other authorized official
 24             of the political subdivision at least three (3) business days  before
 25             the date and time upon which bids are scheduled to be opened.
 26             (vii)  All  category B bids shall be presented or otherwise delivered
 27             under sealed cover to the clerk or  other  authorized  agent  of  the
 28             political  subdivision designated by the instructions to bidders with
 29             a concise statement marked on the outside generally  identifying  the
 30             expenditure to which the bid pertains.
 31             (viii) If  the  political  subdivision  deems  it is in the political
 32             subdivision's best interest, it may require the bidder to provide bid
 33             security in an amount equal to at least  five  percent  (5%)  of  the
 34             amount bid. If required, a bid shall not be considered unless one (1)
 35             of the forms of bidder's security is enclosed with it, and unless the
 36             bid is submitted in a form which substantially complies with the form
 37             provided  by the political subdivision. The political subdivision may
 38             require that the bid security be in one (1) of the following forms:
 39                  (A)  Cash;
 40                  (B)  A cashier's check made payable to  the  political  subdivi-
 41                  sion;
 42                  (C)  A  certified  check  made payable to the political subdivi-
 43                  sion; or
 44                  (D)  A bidder's bond executed by  a  qualified  surety  company,
 45                  made payable to the political subdivision.
 46             (ix)   Any category B bid received by a political subdivision may not
 47             be withdrawn after the date and time set in the notice for opening of
 48             bids.  When  sealed  bids have been received, they shall be opened in
 49             public at a designated place and time, thereafter to be compiled  and
 50             submitted  to  the  governing  board for award. If identical bids are
 51             received, the governing board may choose the bidder  it  prefers.  If
 52             the  successful  bidder  fails to execute the contract, the amount of
 53             his bidder's security may be forfeited to the political  subdivision,
 54             in the sole discretion of the political subdivision, and the proceeds
 55             shall be deposited in a designated fund out of which the expenses for
                                                                        
                                           7
                                                                        
  1             procuring substitute performance are paid.
  2             (x)    The  political  subdivision  may, on the refusal or failure of
  3             the successful bidder to execute the contract, award the contract  to
  4             the  qualified  bidder  submitting the next lowest responsive bid. If
  5             the governing board awards the contract to the next lowest  qualified
  6             bidder, the amount of the lowest qualified bidder's security, if for-
  7             feited,  shall be applied by the political subdivision to the differ-
  8             ence between the lowest responsive bid and the next lowest responsive
  9             bid, and the surplus, if any, shall be returned to the lowest  bidder
 10             if  cash or check is used, or to the surety on the bidder's bond if a
 11             bond is used, less reasonable  administrative  costs  not  to  exceed
 12             twenty-five percent (25%) of the amount of the bidder's security.
 13             (xi)   In  its  discretion,  the  governing board may reject all bids
 14             presented and re-bid, or the governing board may, after finding it to
 15             be a fact, pass a resolution declaring that the project sought to  be
 16             accomplished by the expenditure can be performed more economically by
 17             purchasing  goods  and  services  on  the open market. If no bids are
 18             received, the governing board may make the expenditure  without  fur-
 19             ther competitive bidding procedures.
 20             (xii)  If the governing board of any political subdivision chooses to
 21             award  a competitively bid contract involving the procurement of pub-
 22             lic works construction to a bidder other than the apparent  low  bid-
 23             der, the political subdivision shall declare its reason or reasons on
 24             the record and shall communicate such reason or reasons in writing to
 25             all persons who have submitted a competing bid.
 26             (xiii) If any participating bidder objects to such award, such bidder
 27             shall respond in writing to the notice from the political subdivision
 28             within  seven  (7)  calendar  days  of the date of transmittal of the
 29             notice, setting forth in such response the express reason or  reasons
 30             that  the award decision of the governing board is in error. Thereaf-
 31             ter, staying performance of any procurement  until  after  addressing
 32             the  contentions  raised by the objecting bidder, the governing board
 33             shall review its decision and determine whether to affirm  its  prior
 34             award,  modify the award, or choose to re-bid, setting forth its rea-
 35             son or reasons therefor. After completion of the review process,  the
 36             political  subdivision  may  proceed  as it deems to be in the public
 37             interest.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15147

This legislation makes a number of technical corrections to House
Bill 263, relating to local government procurement and public
works bidding and contracting.  This legislation clarifies
reporting requirements to the State Tax Commission and makes
minor clarifications to language relating to procurement of
public works construction.


                           FISCAL NOTE

There is no fiscal impact to the state or local governments.




Contact
Name:  Representative Max Black
Phone: 208-332-1000
Name:  David Bennion, Chair
       Public Works Contractor Licensing Board 
Phone: 208-867-2338


STATEMENT OF PURPOSE/FISCAL NOTE                       H 337