2006 Legislation
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HOUSE BILL NO. 452 – Purchasing/bid cancelled/procedure

HOUSE BILL NO. 452

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                      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