TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 92

STATE PROCUREMENT ACT

67-9217.  disqualification of vendors. (1) A disqualified vendor may not submit a bid.

(2)  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 violate the provisions of this chapter; or

(f)  Debarment, suspension or ineligibility from federal contracting of the vendor, its principals or its affiliates.

(3)  A vendor shall be notified by registered mail within ten (10) days of the vendor’s 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.

(4)  In lieu of disqualification, the determinations officer at a hearing conducted pursuant to subsection (3) of this section may recommend to the director specific conditions to the vendor’s continued participation in acquisitions by the state.

(5)  Disqualification or conditions may be imposed for a period of not less than six (6) months or not more than five (5) years.

(6)  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:

[67-9217, added 2016, ch. 289, sec. 4, p. 798.]