Print Friendly
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
67-9230. prohibitions. (1) No contract or any interest therein shall be transferred by the contractor to whom such contract is given to any other party without approval in writing by the administrator and by the board of examiners pursuant to section 67-1027, Idaho Code. Transfer of a contract without approval shall cause the annulment of the contract so transferred, at the option of the state. All rights of action, however, for any breach of such contract by the contracting parties are reserved to the state.
(2) No member of the legislature or any officer or employee of any branch of the state government shall directly, himself, or by any other person in trust for him or for his use or benefit or on his account, undertake, execute, hold or enjoy, in whole or in part, any contract made or entered into by or on behalf of the state of Idaho, if made by, through, or on behalf of the department in which he is an officer or employee; or if made by, through or on behalf of any other department unless the same is made after competitive bids.
(3) Except as provided in this chapter, no officer or employee shall influence or attempt to influence the award of a contract to a particular vendor, or to deprive or attempt to deprive any vendor of a contract.
(4) No officer or employee shall conspire with a vendor or its agent, and no vendor or its agent shall conspire with an officer or employee, to influence or attempt to influence the award of a contract, or to deprive or attempt to deprive a vendor of a contract.
(5) No officer or employee shall fail to use an open contract except as provided in this chapter.
(6) No officer or employee shall accept property knowing that the property does not meet specifications or other acceptance criteria set forth in the contract.
(7) Deprivation, influence or attempts thereat shall not include written reports, based on substantial evidence, sent to the administrator concerning matters relating to the responsibility of vendors.
(8)(a) No vendor or related party, or subsidiary or affiliate of a vendor, may submit a bid to obtain a contract to provide property to the state if the vendor or related party, affiliate, or subsidiary was paid to prepare the specifications for the property.
(b) Nothing in this subsection shall prohibit a vendor from submitting a bid after providing technical assistance relating to such bid, providing consulting or other services to a state agency, or participating in legislative committee meetings related to the property that is the subject of planned solicitation as long as:
(i) Such technical assistance, consulting or other services, or participation in legislative committee meetings does not result in bid specifications to be drawn such that only the vendor or related party, or affiliate or subsidiary of the vendor, can meet the bid specifications;
(ii) Such technical assistance, consulting or other services, or participation in legislative committee meetings does not otherwise provide the vendor or related party, or affiliate or subsidiary of the vendor, with a quantifiable and objective advantage in the bid process; and
(iii) Any work product or written documentation produced as a result of the technical assistance, consulting or other services, or participation in legislative committee meetings is accessible to a public records request if the vendor responds to a relevant solicitation as provided in section 67-9208, Idaho Code.
(9) No person who has served in elected public office within three hundred sixty-five (365) days of a bid submission deadline shall participate in the solicitation, bid, or contract process pursuant to the provisions of this chapter on behalf of a vendor.
(10) No vendor shall employ an individual who has served in public office, or worked in a state agency or institution, within three hundred sixty-five (365) days of winning a bid where such individual participated in the solicitation, bid, or contract process pursuant to the provisions of this chapter.
History: