2005 Legislation
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SENATE BILL NO. 1081 – Highway bids, electronic submission


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Bill Status

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

Bill Text

  ]]]]              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
  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
  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 / Fiscal Impact

                  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.

Name:		Gary Moles
Agency:		Idaho Transportation Department
Phone:		334-8502

Statement of Purpose/Fiscal Impact	             S 1081