TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 92

STATE PROCUREMENT ACT

67-9234.  Notice of intent prior to agreement taking effect. (1) Any agency of this state, including any state institution of higher education, that plans to enter into a contract or agreement with another person or entity in which goods, services, real estate, or other property reasonably valued at more than twenty-five million dollars ($25,000,000) are acquired, sold, or included in a part of the agreement shall provide a notice of intent in a public disclosure no less than thirty (30) days prior to such agreement being approved. Notice of intent shall be given in a completed form, as provided in subsection (5) of this section.

(2)  Transactions that go through a solicitation process as described in chapter 92, title 67, or chapter 9, title 40, Idaho Code; any transactions that have been specifically authorized and appropriated or approved by the legislature; any transactions made during an emergency, as defined in section 46-1002, Idaho Code; any transactions made prior to July 1, 2024; and any legal settlements shall be exempt from the provisions of this section.

(3)  As used in this section, "notice" means:

(a)  An electronic message of the notice of intent form sent to all legislators and elected executive branch constitutional officers using each of their official state email addresses;

(b)  A notice of intent form sent by email to all members of the capitol correspondents association listed in the most recent edition of the legislative directory and other media representatives at the email address, if any, provided to the legislative services office. If no such email address is provided, notice pursuant to this paragraph shall not be required;

(c)  A notice of intent form published on the website of the agency and on a social media blog or page, if any, managed by the agency with an opportunity to allow for public comment on the agreement; and

(d)  A notice of intent form published one (1) time in one (1) newspaper of general circulation in a county where the decision is to take place.

(4)  Any contract or agreement described in subsection (1) of this section that is not exempt pursuant to subsection (2) of this section that substantially fails to follow the notice process required by this section shall be null, void, and of no force and effect.

(5)  A notice of intent form as provided in this section shall be as follows:

NOTICE OF INTENT TO ENTER INTO AN AGREEMENT AFFECTING MORE THAN $25 MILLION

This is notice that _____(name of board, agency, commission, constitutional officer, or other State of Idaho entity) intends to enter into an agreement to obligate by contract, agreement, or otherwise the State of Idaho in the amount of more than $25 million or intends to enter into an agreement concerning a transaction in which goods, services, real estate, or other property reasonably valued at more than $25 million is acquired, sold, or included in a part of the agreement.

Specifically, you are notified that a decision may be made on or after 30 days from the date this notice is sent, and will concern ___(description of the property involved), at ___(location including an address of the person or entity that is a party to the transaction or obligation), and _____(the detailed purpose of the transaction).

This transaction is not being made pursuant to the request for proposals process in Idaho Code, and the transaction has not been specifically approved by the Idaho Legislature.

For further information please contact: (name, title, email address, office address, and phone number)

Dated_________________________
By________________________ (Name and Title)

History:

[67-9234, added 2024, ch. 230, sec. 3, p. 811.]