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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 92
STATE PROCUREMENT ACT
67-9217. debarment and disqualification of vendors. (1) A debarred or disqualified vendor may not submit a bid.
(2) The administrator may debar a vendor from bidding on any state project or service for a period of up to three (3) years upon a finding of performance failure. Performance failure shall include but not be limited to:
(a) A documented record of unsatisfactory performance on one (1) or more state contracts within the preceding three (3) years based on included contract metrics;
(b) Failure to complete a project or service within the time frames established in the contract without good cause; or
(c) A history of filing three (3) or more frivolous bid protests, as established by final agency decisions issued pursuant to section 67-9232, Idaho Code, within a twenty-four (24) month period.
(3) A vendor may be disqualified by the administrator for any of the following reasons:
(a) Failure to perform according to the terms of any contract;
(b) Attempts by whatever means to cause specifications to be drawn so as to favor a specific vendor;
(c) Use of the provisions of this chapter to obstruct or unreasonably delay acquisitions by the state;
(d) Perjury in a vendor disqualification hearing;
(e) Knowingly violating the provisions of this chapter; or
(f) Debarment, suspension, or ineligibility from federal contracting of the vendor, its principals or its affiliates.
(4)(a) Upon determination of a performance failure or contract breach that does not represent an immediate risk to public health, safety, or integrity, the administrator shall issue a written cure notice to the vendor of the exact nature of the failure and the violated contract provisions.
(b) The vendor shall have fourteen (14) calendar days from receipt of the cure notice to correct the deficiency or provide a correction plan acceptable to the administrator.
(c) If the vendor fails to correct the deficiency or provide a correction plan accepted by the administrator within fourteen (14) calendar days, the administrator may proceed with debarment or disqualification of the vendor.
(d) If the vendor fails to complete the approved correction plan, the administrator may proceed with debarment or disqualification.
(5) A vendor shall be notified by registered mail within ten (10) days of the vendor’s debarment or disqualification by the administrator. The vendor may, within thirty (30) days of the receipt of such notice, request a hearing, which shall be held in accordance with chapter 52, title 67, Idaho Code.
(6) The vendor may submit a challenge to the debarment or disqualification based on documented state actions that interfered with or delayed contract execution.
(7) In lieu of debarment or disqualification, for reasons not listed in subsection (3) of this section, the determinations officer at a hearing conducted pursuant to the provisions of chapter 52, title 67, Idaho Code, may recommend to the director specific conditions to the vendor’s continued participation in acquisitions by the state.
(8) Disqualification or conditions may be imposed for a period of not less than six (6) months or not more than five (5) years.
(9) For purposes of this section, "obstruction" means a lack of success in more than fifty percent (50%) of the specification challenges made in each of three (3) different acquisitions during any twenty-four (24) month period.
History: