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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 - 2006
IN 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