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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
889
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
STATE
PROCUREMENT;
AMENDING
SECTION
67
-
9203,
IDAHO
CODE,
TO
RE
-
2
VISE
DEFINITIONS
AND
TO
DEFINE
TERMS;
AMENDING
SECTION
67
-
9205,
IDAHO
3
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
POWERS
AND
DUTIES
OF
THE
ADMIN
-
4
ISTRATOR;
AMENDING
SECTION
67
-
9208,
IDAHO
CODE,
TO
REVISE
PROVISIONS
5
REGARDING
SOLICITATIONS;
AMENDING
SECTION
67
-
9210,
IDAHO
CODE,
TO
RE
-
6
VISE
PROVISIONS
REGARDING
THE
AWARD
OF
CONTRACT;
REPEALING
SECTION
7
67
-
9211,
IDAHO
CODE,
RELATING
TO
MULTIPLE
AWARDS;
AMENDING
CHAPTER
92,
8
TITLE
67,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
67
-
9211,
IDAHO
9
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
MULTIPLE
AWARDS;
AMENDING
SEC
-
10
TION
67
-
9212,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
CONTRACTS
IN
1
1
WRITING;
AMENDING
SECTION
67
-
9215,
IDAHO
CODE,
TO
PROVIDE
FOR
A
CERTAIN
12
EXCEPTION
TO
THE
DISCLOSURE
OF
RECORDS;
AMENDING
SECTION
67
-
9217,
IDAHO
13
CODE,
TO
REVISE
PROVISIONS
REGARDING
DISQUALIFICATION
OF
VENDORS;
14
AMENDING
SECTION
67
-
9230,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
15
CERTAIN
PROHIBITIONS;
AMENDING
SECTION
67
-
9232,
IDAHO
CODE,
TO
REVISE
16
PROVISIONS
REGARDING
CHALLENGES
AND
APPEALS;
AMENDING
SECTION
67
-
9233,
17
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
ETHICS
IN
PROCUREMENT;
AND
18
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
19
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
20
SECTION
1.
That
Section
67
-
9203,
Idaho
Code,
be,
and
the
same
is
hereby
21
amended
to
read
as
follows:
22
67
-
9203.
DEFINITIONS.
As
used
in
this
chapter:
23
(1)
"Acquisition"
means
the
process
of
procuring
property.
24
(2)
"Administrator"
means
the
administrator
of
the
division
of
pur
-
25
chasing
as
created
by
section
67
-
9204,
Idaho
Code.
26
(3)
"Agency"
means
all
officers,
departments,
divisions,
bureaus,
27
boards,
commissions
and
institutions
of
the
state,
including
the
public
28
utilities
commission,
but
excluding:
29
(a)
The
legislative
and
judicial
branches
of
government;
30
(b)
The
governor,
lieutenant
governor,
secretary
of
state,
state
con
-
31
troller,
state
treasurer,
attorney
general
and
superintendent
of
pub
-
32
lic
instruction;
and
33
(c)
Except
as
provided
in
section
67
-
9234,
Idaho
Code,
a
state
insti
-
34
tution
of
higher
education
that
complies
with
the
provisions
of
section
35
67
-
9225,
Idaho
Code.
36
(4)
"Best
and
final
offer"
means
a
final
written
offer
submitted
by
a
37
bidder
in
response
to
a
request
by
the
administrator
during
negotiations
or
38
following
material
changes
to
a
solicitation.
39
(4)
(5)
"Bid"
means
a
written
offer
to
perform
a
contract
to
sell
or
oth
-
40
erwise
supply
property
in
response
to
a
solicitation.
41
2
(5)
(6)
"Bidder"
means
a
vendor
who
has
submitted
a
bid
on
property
to
be
1
acquired
by
the
state.
2
(6)
(7)
"Contract"
means
an
agreement
for
the
acquisition
of
property,
3
including
a
purchase
order.
4
(7)
(8)
"Contractor"
means
a
vendor
who
has
been
awarded
a
contract.
5
(8)
(9)
"Director"
means
the
director
of
the
department
of
administra
-
6
tion
as
created
by
section
67
-
5701,
Idaho
Code.
7
(9)
(10)
"Environmental,
social,
and
governance
standards"
means
pro
-
8
curement
standards
that
screen
or
score
bids,
in
whole
or
in
part,
on
subjec
-
9
tive
ethical
or
sustainability
criteria
unrelated
to
the
specifications
in
a
10
solicitation
or
the
qualifications
of
a
bidder.
1
1
(11)
"Frivolous
protest"
means
a
challenge
to
a
solicitation
or
con
-
12
tract
award
that:
13
(a)
Lacks
any
arguable
basis
in
law
or
fact;
14
(b)
Is
not
supported
by
a
good
faith
argument
for
the
extension,
modifi
-
15
cation,
or
reversal
of
an
existing
contract
award;
16
(c)
Is
filed
for
an
improper
purpose,
such
as
to
harass,
cause
unneces
-
17
sary
delay,
or
needlessly
increase
the
cost
of
the
procurement
process;
18
or
19
(d)
Asserts
claims
that
are
identical
or
substantially
similar
to
20
claims
previously
adjudicated
by
the
administrator
or
a
court
of
com
-
21
petent
jurisdiction,
including
proceedings
in
Idaho
and
other
states,
22
involving
the
same
vendor
and
a
similar
procurement.
23
(10)
(12)
"Lowest
responsible
bidder"
means
the
responsible
bidder
24
whose
bid
reflects
the
lowest
acquisition
price
to
be
paid
by
the
state
and
25
meets
the
bid
qualifications
,
except
that
when
specifications
are
valued
or
26
comparative
performance
evaluations
are
conducted,
the
results
of
such
ex
-
27
aminations
and
the
relative
score
of
valued
specifications
will
be
weighed,
28
as
set
out
in
the
specifications,
in
determining
the
lowest
acquisition
29
price.
30
(13)
"Multiple
-
award
contract"
means
a
contract
awarded
to
two
(2)
or
31
more
bidders
to
furnish
the
same
or
similar
property
when
necessary
or
conve
-
32
nient
to
ensure
adequate
delivery,
service,
or
product
compatibility.
33
(11)
(14)
"Open
contract"
means
a
contract
awarded
by
the
state
through
34
the
division
of
purchasing
as
a
result
of
a
competitive
solicitation
to
one
35
(1)
or
more
vendors
who
have
agreed
to
allow
all
agencies
to
procure
speci
-
36
fied
property
under
the
terms
and
conditions
set
forth
in
the
contract.
37
(12)
(15)
"Procure"
means
to
obtain
property
for
state
use
in
a
manner
38
other
than
by
gift
,
including
,
but
not
limited
to
,
purchase,
lease
,
or
rent.
39
(13)
(16)
"Property"
means
goods,
services,
parts,
supplies
,
and
equip
-
40
ment,
both
tangible
and
intangible,
including
,
but
not
limited
to
,
designs,
41
plans,
programs,
systems,
techniques
,
and
any
rights
or
interests
in
such
42
property.
43
(17)
"Request
for
information"
means
a
formal
request
to
potential
ven
-
44
dors
to
provide
information
on
their
capabilities,
services,
and
pricing
for
45
the
purpose
of
identifying
the
scope
of
requested
work,
which
may
include
46
eventual
procurement
of
property,
in
order
to
create
a
draft
request
for
pro
-
47
posals.
48
3
(18)
"Request
for
proposal"
means
a
formal
request
for
vendors
to
sub
-
1
mit
a
bid,
which
includes
the
total
scope
of
services
and
is
the
basis
of
the
2
award
of
a
contract.
3
(19)
"Request
for
quote"
means
an
informal
request
to
vendors
for
pric
-
4
ing
and
terms
on
specific
property.
5
(14)
(20)
"Sole
source"
means
the
only
vendor
from
whom
specific
prop
-
6
erty
is
available
to
procure.
7
(15)
(21)
"Solicitation"
means
an
invitation
to
bid,
a
request
for
pro
-
8
posal
,
or
a
request
for
quote
issued
pursuant
to
this
chapter
for
the
purpose
9
of
procuring
property.
10
(16)
(22)
"Specifications"
means
the
standards
or
requirements
for
1
1
property
to
be
procured
as
explicitly
stated
in
a
solicitation
or
contract.
12
(17)
(23)
"State
institution
of
higher
education"
means
Boise
state
13
university,
Idaho
state
university
,
or
Lewis
-
Clark
state
college.
14
(18)
(24)
"Vendor"
means
a
person
or
entity
capable
of
supplying
prop
-
15
erty
to
the
state.
16
SECTION
2.
That
Section
67
-
9205,
Idaho
Code,
be,
and
the
same
is
hereby
17
amended
to
read
as
follows:
18
67
-
9205.
POWERS
AND
DUTIES
OF
THE
ADMINISTRATOR.
The
administrator
of
19
the
division
of
purchasing:
20
(1)
Shall
acquire
all
property
for
state
agencies
according
to
the
pro
-
21
visions
of
this
chapter;
22
(2)
Shall
acquire
all
property
by
competitive
solicitation,
except
as
23
otherwise
provided;
24
(3)
Shall
determine,
based
on
the
specifications
and
matters
relating
25
to
responsibility,
the
lowest
responsible
bidder
or
bidders
in
all
competi
-
26
tive
solicitations;
27
(4)
Shall
enter
into
contracts
and
any
modifications
thereto
for
the
28
acquisition
of
property
on
behalf
of
and
in
the
name
of
state
agencies;
29
(5)
Shall,
when
economically
feasible
and
practical,
consolidate
so
-
30
licitations
and
acquire
property
in
amounts
as
large
as
can
be
efficiently
31
managed
and
controlled;
32
(6)
Shall
establish
a
common
time
and
date
for
the
submission
of
best
33
and
final
offers.
If
a
bidder
does
not
submit
a
notice
of
withdrawal
or
a
best
34
and
final
offer,
the
bidder's
immediate
previous
offer
shall
be
the
bidder's
35
best
and
final
offer;
36
(6)
(7)
May,
in
the
evaluation
of
paper
product
bids,
give
those
items
37
that
meet
the
recycled
content
standards
as
specified
by
the
administrator
38
a
five
percent
(5%)
purchasing
preference.
As
such,
those
qualifying
paper
39
products
may
be
considered
to
cost
five
percent
(5%)
less
when
choosing
the
40
lowest
responsible
bidder;
41
(7)
(8)
May
appoint
a
deputy
who
shall
have
the
power
to
act
for
the
42
administrator
and
in
the
administrator's
place
while
absent,
which
deputy
43
shall
be
bonded
to
the
state
of
Idaho
as
prescribed
by
chapter
8,
title
59,
44
Idaho
Code;
45
(8)
(9)
May
require
from
any
contractor
the
submission
of
a
performance
46
bond
for
such
sum
as
will,
in
the
opinion
of
the
administrator,
guarantee
the
47
faithful
performance
of
such
contract,
and
the
amount
and
requirement
there
-
48
for
shall
be
set
out
in
the
specifications;
49
4
(9)
(10)
May
enter
into
open
contracts
based
on
actual
or
estimated
re
-
1
quirements;
2
(10)
(11)
May
enter
into
contracts,
including
leases
and
rentals,
for
3
periods
of
time
exceeding
one
(1)
year,
provided
that
such
contracts
contain
4
no
penalty
to
or
restriction
upon
on
the
state
in
the
event
cancellation
is
5
necessitated
by
a
lack
of
funding
for
any
such
contract;
6
(11)
(12)
Is
authorized
and
empowered
to
formulate
rules,
subject
to
the
7
approval
of
the
director,
to
effect
the
provisions
of
this
chapter;
8
(12)
(13)
May
enter
into
negotiations
for
acquisitions
in
accordance
9
with
established
rules
of
the
division
,
provided
that
for
all
complex
or
10
high
-
value
acquisitions,
the
administrator
shall
ensure
that
subject
matter
1
1
experts
from
the
requisitioning
agency
are
included
as
active
participants
12
in
the
negotiation
process
alongside
procurement
staff
to
ensure
contrac
-
13
tual
terms
meet
the
functional
and
operational
requirements
of
the
state
;
14
(13)
(14)
May
inspect
property
supplied
by
a
contractor
to
determine
15
whether
it
meets
specifications;
16
(14)
(15)
May
classify,
after
review
with
the
various
agencies,
the
17
requirements
of
the
state
for
all
property
that
may
be
acquired,
and
may
18
adopt
standards
of
quality
for
property,
and
may
establish
specifications
19
for
acquisition.
Each
specification
shall,
until
revised
or
rescinded,
20
apply
alike
in
terms
and
effect
to
each
future
acquisition
of
the
classified
21
property;
22
(15)
(16)
May
delegate
authority
pursuant
to
section
67
-
9206,
Idaho
23
Code;
and
24
(16)
(17)
May
carry
out
such
acts
as
are
necessary
to
enforce
the
provi
-
25
sions
of
this
chapter
;
and
26
(18)
May
issue
a
multiple
-
award
contract
to
two
(2)
or
more
bidders
.
27
SECTION
3.
That
Section
67
-
9208,
Idaho
Code,
be,
and
the
same
is
hereby
28
amended
to
read
as
follows:
29
67
-
9208.
SOLICITATIONS.
(1)
The
administrator
shall
not
make
or
30
cause
to
be
made
any
acquisition
until
a
requisition
for
the
property
to
31
be
acquired
has
been
submitted
to
the
administrator's
office
by
the
req
-
32
uisitioning
agency.
The
requisition
shall
certify
to
the
administrator's
33
satisfaction
that
there
are
sufficient
funds
or
balance
in
appropriations
34
out
of
which
the
amount
of
the
requisition
may
be
lawfully
paid,
except
as
35
provided
in
section
67
-
9221(3),
Idaho
Code.
36
(2)
Upon
determining
that
an
agency's
requisition
complies
with
the
37
provisions
of
subsection
(1)
of
this
section,
the
administrator
shall
issue
38
a
solicitation.
Notice
of
the
solicitation
shall
be
posted
in
a
conspicuous
39
manner
as
prescribed
by
rule.
The
notice
shall
describe
the
property
to
be
40
acquired
in
sufficient
detail
to
apprise
a
vendor
of
the
exact
nature
of
the
41
property
being
sought
and
shall
set
forth
the
bid
closing
date,
time
and
42
location.
43
(3)
The
administrator
may
establish
by
rule
exceptions
to
the
notice
44
provisions
in
subsection
(2)
of
this
section;
provided
however,
that
the
45
procurements
excepted
from
the
notice
provisions
must
be
minor
in
nature.
46
(4)
At
the
time
a
notice
of
solicitation
is
issued,
the
administrator
47
shall
also
publish
the
process
for
bid
analysis
or
scoring.
Such
process
48
shall
not
change
after
the
solicitation
is
issued
unless
formally
revised
49
5
through
a
written
solicitation
amendment
or
best
and
final
offer
process
1
that
does
not
materially
change
the
intent
or
purpose
of
the
original
solic
-
2
itation.
3
SECTION
4.
That
Section
67
-
9210,
Idaho
Code,
be,
and
the
same
is
hereby
4
amended
to
read
as
follows:
5
67
-
9210.
AWARD
OF
CONTRACT.
(1)
The
administrator
shall
award
con
-
6
tracts
to,
and
place
orders
for
property
with,
the
lowest
responsible
7
bidder.
Qualifications
for
responsibility
shall
be
prescribed
by
rule.
8
However,
environmental,
social,
and
governance
standards
may
not
be
used
as
9
a
qualification
for
responsibility.
Prior
performance
on
state
contracts
10
may
be
used
to
determine
qualifications.
1
1
(2)
Where
both
the
bids
and
quality
of
property
offered
are
the
same,
12
preference
shall
be
given
to
property
of
local
and
domestic
production
and
13
manufacture
or
from
bidders
having
a
significant
Idaho
economic
presence
as
14
defined
in
section
67
-
2349,
Idaho
Code.
In
connection
with
the
award
of
any
15
contract
for
the
placement
of
any
order
for
state
printing,
binding,
engrav
-
16
ing
or
stationery
work,
the
provisions
of
sections
60
-
101
and
60
-
103,
Idaho
17
Code,
shall
apply
to
the
extent
that
the
same
may
be
inconsistent
with
any
re
-
18
quirements
contained
in
this
section.
19
(3)
In
awarding
contracts,
the
administrator
shall
not
discriminate
20
against,
or
grant
preferential
treatment
to,
any
individual
or
group
on
the
21
basis
of
race,
sex,
color,
ethnicity,
or
national
origin
unless
permitted
by
22
an
exception
described
in
section
67
-
5909A,
Idaho
Code.
23
(4)
The
administrator
may
award
a
contract
to
two
(2)
or
more
qualified
24
bidders
to
furnish
the
same
or
similar
property
when
necessary
or
convenient
25
to
ensure
adequate
delivery,
service,
or
product
compatibility.
26
SECTION
5.
That
Section
67
-
9211
,
Idaho
Code,
be,
and
the
same
is
hereby
27
repealed.
28
SECTION
6.
That
Chapter
92,
Title
67,
Idaho
Code,
be,
and
the
same
is
29
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
30
ignated
as
Section
67
-
9211,
Idaho
Code,
and
to
read
as
follows:
31
67
-
9211.
MULTIPLE
AWARDS.
(1)
When
a
contract
for
property
has
been
32
awarded
to
two
(2)
or
more
bidders
in
accordance
with
the
provisions
of
sec
-
33
tion
67
-
9210,
Idaho
Code,
a
state
agency
shall
select
which
bidder
to
pur
-
34
chase
the
property
from
based
on
factors
including
but
not
limited
to:
35
(a)
Total
cost
of
ownership,
including
acquisition
price,
shipping
or
36
delivery
charges,
and
any
applicable
maintenance
or
licensing
fees;
37
(b)
The
degree
to
which
the
property
integrates
with
existing
agency
38
equipment,
software,
or
workflows
without
requiring
excessive
modifi
-
39
cation
or
retraining;
40
(c)
The
vendor's
compatibility,
price,
availability,
support
ser
-
41
vices,
delivery,
and
past
performance;
42
(d)
The
vendor's
ability
to
meet
the
agency's
required
delivery
sched
-
43
ule
or
project
timeline;
44
(e)
The
vendor's
quality
and
proximity
of
technical
support,
warranty
45
terms,
and
the
availability
of
training
or
installation
services;
46
6
(f)
The
vendor's
documented
history
of
reliability,
quality
of
goods,
1
and
responsiveness
under
the
current
contract
or
previous
agency
en
-
2
gagements;
and
3
(g)
The
vendor's
willingness
to
cover
costs
and
liabilities
related
to
4
the
replacement
of
existing
property.
5
(2)
State
agencies
that
make
recurring
purchases
pursuant
to
a
contract
6
awarded
pursuant
to
this
section
shall
perform
the
analysis
outlined
in
sub
-
7
section
(1)
of
this
section
at
least
annually
and
provide
the
analysis
to
the
8
administrator.
9
(3)
State
agencies
shall
notify
the
administrator
of
purchases
made
un
-
10
der
a
multiple
-
award
contract
that
provides
the
names
of
the
considered
ven
-
1
1
dors,
the
factors
provided
in
subsection
(1)
of
this
section
that
were
pri
-
12
oritized
for
the
purchase,
and
an
explanation
of
why
the
selected
vendor
was
13
chosen
over
other
vendors.
14
SECTION
7.
That
Section
67
-
9212,
Idaho
Code,
be,
and
the
same
is
hereby
15
amended
to
read
as
follows:
16
67
-
9212.
CONTRACTS
SHALL
BE
IN
WRITING.
(1)
Every
contract
made
by
the
17
administrator
on
behalf
of
the
state
shall
be
in
writing
and
shall
be
signed
18
manually
or
electronically
by
the
contracting
parties.
Every
contract
shall
19
be
filed
in
the
office
of
the
administrator,
together
with
all
bids,
specifi
-
20
cations
,
and
other
documents
and
records
associated
with
the
acquisition
or
21
intended
acquisition.
22
(2)
For
acquisitions
involving
federal
funding
requiring
approval
by
23
the
centers
for
medicare
and
medicaid
services
or
other
federal
oversight
24
agencies,
the
administrator
shall
ensure
that
all
vendor
negotiations
are
25
completed
and
a
final
contract
is
agreed
on
prior
to
the
submission
of
the
26
contract
for
federal
review,
unless
otherwise
prohibited
by
federal
law.
27
SECTION
8.
That
Section
67
-
9215,
Idaho
Code,
be,
and
the
same
is
hereby
28
amended
to
read
as
follows:
29
67
-
9215.
PRESERVATION
AND
DISCLOSURE
OF
RECORDS
-
-
EXCEPTION.
(1)
The
30
administrator
shall
preserve
all
records
relating
to
solicitations
in
the
31
administrator's
office,
and
information
with
respect
thereto,
in
such
form
32
as
the
administrator
shall
prescribe
by
rule,
for
a
period
of
three
(3)
years
33
after
the
date
of
final
action,
or
for
a
period
of
time
as
may
be
prescribed
34
by
a
record
retention
guideline
schedule
approved
by
the
director.
Records
35
preserved
under
the
provisions
of
this
section
shall
be
subject
to
disclo
-
36
sure
according
to
chapter
1,
title
74,
Idaho
Code.
37
(2)
If
a
solicitation
is
canceled
prior
to
award
of
a
contract,
the
38
administrator
shall
immediately
return
all
bids
to
the
submitting
vendors
39
or
delete
bids
that
were
received
electronically.
Bids
returned
or
deleted
40
pursuant
to
this
subsection
shall
not
be
subject
to
disclosure
under
chapter
41
1,
title
74,
Idaho
Code.
42
(3)
Vendor
information
provided
in
a
request
for
information
shall
not
43
be
subject
to
disclosure
unless
the
vendors
respond
to
the
relevant
solici
-
44
tation
as
provided
in
section
67
-
9208,
Idaho
Code.
45
7
SECTION
9.
That
Section
67
-
9217,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
67
-
9217.
DEBARMENT
AND
DISQUALIFICATION
OF
VENDORS.
(1)
A
debarred
or
3
disqualified
vendor
may
not
submit
a
bid.
4
(2)
The
administrator
may
debar
a
vendor
from
bidding
on
any
state
5
project
or
service
for
a
period
of
up
to
three
(3)
years
upon
a
finding
of
per
-
6
formance
failure.
Performance
failure
shall
include
but
not
be
limited
to:
7
(a)
A
documented
record
of
unsatisfactory
performance
on
one
(1)
or
8
more
state
contracts
within
the
preceding
three
(3)
years
based
on
in
-
9
cluded
contract
metrics;
10
(b)
Failure
to
complete
a
project
or
service
within
the
time
frames
es
-
1
1
tablished
in
the
contract
without
good
cause;
or
12
(c)
A
history
of
filing
three
(3)
or
more
frivolous
bid
protests,
as
es
-
13
tablished
by
final
agency
decisions
issued
pursuant
to
section
67
-
9232,
14
Idaho
Code,
within
a
twenty
-
four
(24)
month
period.
15
(2)
(3)
A
vendor
may
be
disqualified
by
the
administrator
for
any
of
the
16
following
reasons:
17
(a)
Failure
to
perform
according
to
the
terms
of
any
contract;
18
(b)
Attempts
by
whatever
means
to
cause
specifications
to
be
drawn
so
as
19
to
favor
a
specific
vendor;
20
(c)
Use
of
the
provisions
of
this
chapter
to
obstruct
or
unreasonably
21
delay
acquisitions
by
the
state;
22
(d)
Perjury
in
a
vendor
disqualification
hearing;
23
(e)
Knowingly
violate
violating
the
provisions
of
this
chapter;
or
24
(f)
Debarment,
suspension
,
or
ineligibility
from
federal
contracting
25
of
the
vendor,
its
principals
or
its
affiliates.
26
(4)(a)
Upon
determination
of
a
performance
failure
or
contract
breach
27
that
does
not
represent
an
immediate
risk
to
public
health,
safety,
or
28
integrity,
the
administrator
shall
issue
a
written
cure
notice
to
the
29
vendor
of
the
exact
nature
of
the
failure
and
the
violated
contract
pro
-
30
visions.
31
(b)
The
vendor
shall
have
fourteen
(14)
calendar
days
from
receipt
of
32
the
cure
notice
to
correct
the
deficiency
or
provide
a
correction
plan
33
acceptable
to
the
administrator.
34
(c)
If
the
vendor
fails
to
correct
the
deficiency
or
provide
a
correc
-
35
tion
plan
accepted
by
the
administrator
within
fourteen
(14)
calendar
36
days,
the
administrator
may
proceed
with
debarment
or
disqualification
37
of
the
vendor.
38
(d)
If
the
vendor
fails
to
complete
the
approved
correction
plan,
the
39
administrator
may
proceed
with
debarment
or
disqualification.
40
(3)
(5)
A
vendor
shall
be
notified
by
registered
mail
within
ten
(10)
41
days
of
the
vendor's
debarment
or
disqualification
by
the
administrator.
42
The
vendor
may,
within
thirty
(30)
days
of
the
receipt
of
such
notice,
re
-
43
quest
a
hearing,
which
shall
be
held
in
accordance
with
chapter
52,
title
67,
44
Idaho
Code.
45
(6)
The
vendor
may
submit
a
challenge
to
the
debarment
or
disqualifica
-
46
tion
based
on
documented
state
actions
that
interfered
with
or
delayed
con
-
47
tract
execution.
48
8
(4)
(7)
In
lieu
of
debarment
or
disqualification
,
for
reasons
not
1
listed
in
subsection
(3)
of
this
section
,
the
determinations
officer
at
a
2
hearing
conducted
pursuant
to
subsection
(3)
of
this
section
the
provisions
3
of
chapter
52,
title
67,
Idaho
Code,
may
recommend
to
the
director
specific
4
conditions
to
the
vendor's
continued
participation
in
acquisitions
by
the
5
state.
6
(5)
(8)
Disqualification
or
conditions
may
be
imposed
for
a
period
of
7
not
less
than
six
(6)
months
or
not
more
than
five
(5)
years.
8
(6)
(9)
For
purposes
of
this
section,
"obstruction"
means
a
lack
of
suc
-
9
cess
in
more
than
fifty
percent
(50%)
of
the
specification
challenges
made
in
10
each
of
three
(3)
different
acquisitions
during
any
twenty
-
four
(24)
month
1
1
period.
12
SECTION
10.
That
Section
67
-
9230,
Idaho
Code,
be,
and
the
same
is
hereby
13
amended
to
read
as
follows:
14
67
-
9230.
PROHIBITIONS.
(1)
No
contract
or
any
interest
therein
shall
15
be
transferred
by
the
contractor
to
whom
such
contract
is
given
to
any
other
16
party
without
approval
in
writing
by
the
administrator
and
by
the
board
of
17
examiners
pursuant
to
section
67
-
1027,
Idaho
Code.
Transfer
of
a
contract
18
without
approval
shall
cause
the
annulment
of
the
contract
so
transferred,
19
at
the
option
of
the
state.
All
rights
of
action,
however,
for
any
breach
of
20
such
contract
by
the
contracting
parties
are
reserved
to
the
state.
21
(2)
No
member
of
the
legislature
or
any
officer
or
employee
of
any
22
branch
of
the
state
government
shall
directly,
himself,
or
by
any
other
per
-
23
son
in
trust
for
him
or
for
his
use
or
benefit
or
on
his
account,
undertake,
24
execute,
hold
or
enjoy,
in
whole
or
in
part,
any
contract
made
or
entered
into
25
by
or
on
behalf
of
the
state
of
Idaho,
if
made
by,
through,
or
on
behalf
of
the
26
department
in
which
he
is
an
officer
or
employee;
or
if
made
by,
through
or
27
on
behalf
of
any
other
department
unless
the
same
is
made
after
competitive
28
bids.
29
(3)
Except
as
provided
in
this
chapter,
no
officer
or
employee
shall
in
-
30
fluence
or
attempt
to
influence
the
award
of
a
contract
to
a
particular
ven
-
31
dor,
or
to
deprive
or
attempt
to
deprive
any
vendor
of
a
contract.
32
(4)
No
officer
or
employee
shall
conspire
with
a
vendor
or
its
agent,
33
and
no
vendor
or
its
agent
shall
conspire
with
an
officer
or
employee,
to
in
-
34
fluence
or
attempt
to
influence
the
award
of
a
contract,
or
to
deprive
or
at
-
35
tempt
to
deprive
a
vendor
of
a
contract.
36
(5)
No
officer
or
employee
shall
fail
to
use
an
open
contract
except
as
37
provided
in
this
chapter.
38
(6)
No
officer
or
employee
shall
accept
property
knowing
that
the
prop
-
39
erty
does
not
meet
specifications
or
other
acceptance
criteria
set
forth
in
40
the
contract.
41
(7)
Deprivation,
influence
or
attempts
thereat
shall
not
include
writ
-
42
ten
reports,
based
upon
on
substantial
evidence,
sent
to
the
administrator
43
concerning
matters
relating
to
the
responsibility
of
vendors.
44
(8)
(a)
No
vendor
or
related
party,
or
subsidiary
,
or
affiliate
of
a
ven
-
45
dor,
may
submit
a
bid
to
obtain
a
contract
to
provide
property
to
the
46
state
,
if
the
vendor
or
related
party,
or
affiliate
,
or
subsidiary
was
47
paid
for
services
used
in
preparing
the
specifications
or
if
the
ser
-
48
9
vices
influenced
the
procurement
process
to
prepare
the
specifications
1
for
the
property
.
2
(b)
Nothing
in
this
subsection
shall
prohibit
a
vendor
from
submitting
3
a
bid
after
providing
technical
assistance
relating
to
such
bid,
pro
-
4
viding
consulting
or
other
services
to
a
state
agency,
or
participating
5
in
legislative
committee
meetings
related
to
the
property
that
is
the
6
subject
of
planned
solicitation
as
long
as:
7
(i)
Such
technical
assistance,
consulting
or
other
services,
or
8
participation
in
legislative
committee
meetings
does
not
result
9
in
bid
specifications
to
be
drawn
such
that
only
the
vendor
or
re
-
10
lated
party,
or
affiliate
or
subsidiary
of
the
vendor,
can
meet
the
1
1
bid
specifications;
12
(ii)
Such
technical
assistance,
consulting
or
other
services,
13
or
participation
in
legislative
committee
meetings
does
not
oth
-
14
erwise
provide
the
vendor
or
related
party,
or
affiliate
or
sub
-
15
sidiary
of
the
vendor,
with
a
quantifiable
and
objective
advantage
16
in
the
bid
process;
and
17
(iii)
Any
work
product
or
written
documentation
produced
as
a
re
-
18
sult
of
the
technical
assistance,
consulting
or
other
services,
or
19
participation
in
legislative
committee
meetings
is
accessible
to
20
a
public
records
request
if
the
vendor
responds
to
a
relevant
so
-
21
licitation
as
provided
in
section
67
-
9208,
Idaho
Code.
22
(9)
No
person
who
has
served
in
elected
public
office
within
three
hun
-
23
dred
sixty
-
five
(365)
days
of
a
bid
submission
deadline
shall
participate
24
in
the
solicitation,
bid,
or
contract
process
pursuant
to
the
provisions
of
25
this
chapter
on
behalf
of
a
vendor.
26
(10)
No
vendor
shall
employ
an
individual
who
has
served
in
public
of
-
27
fice,
or
worked
in
a
state
agency
or
institution,
within
three
hundred
sixty
-
28
five
(365)
days
of
winning
a
bid
where
such
individual
participated
in
the
29
solicitation,
bid,
or
contract
process
pursuant
to
the
provisions
of
this
30
chapter.
31
SECTION
11.
That
Section
67
-
9232,
Idaho
Code,
be,
and
the
same
is
hereby
32
amended
to
read
as
follows:
33
67
-
9232.
CHALLENGES
AND
APPEALS.
(1)
Bid
specifications.
34
(a)
There
shall
be,
beginning
with
the
date
of
receipt
of
notice,
a
35
period
of
no
more
than
ten
(10)
working
days
in
which
any
vendor,
quali
-
36
fied
and
able
to
sell
or
supply
the
items
to
be
acquired,
may
notify
the
37
administrator
in
writing
of
his
intention
to
challenge
the
specifica
-
38
tions
and
shall
specifically
state
the
exact
nature
of
his
challenge.
39
The
specific
challenge
shall
describe
the
location
of
the
challenged
40
portion
or
clause
in
the
specification
document,
unless
the
challenge
41
concerns
an
omission,
explain
why
any
provision
should
be
struck,
added
42
or
altered,
and
contain
suggested
corrections.
43
(b)
Upon
receipt
of
the
challenge,
the
administrator
shall
either
deny
44
the
challenge,
and
such
denial
shall
be
considered
the
final
agency
de
-
45
cision,
or
he
shall
present
the
matter
to
the
director
for
appointment
46
of
a
determinations
officer.
If
the
director
appoints
a
determinations
47
officer,
then
all
vendors,
who
are
invited
to
bid
on
the
property
sought
48
to
be
acquired,
shall
be
notified
of
the
appeal
and
the
appointment
of
49
10
a
determinations
officer
and
may
indicate
in
writing
their
agreement
or
1
disagreement
with
the
challenge
within
five
(5)
days.
The
notice
to
the
2
vendors
may
be
electronic.
Any
vendor
may
note
his
agreement
or
dis
-
3
agreement
with
the
challenge.
The
determinations
officer
may,
on
his
4
own
motion,
refer
the
challenge
portion
and
any
related
portions
of
the
5
challenge
to
the
author
of
the
specification
to
be
rewritten
with
the
6
advice
and
comments
of
the
vendors
capable
of
supplying
the
property,
7
rewrite
the
specification
himself
and/or
reject
all
or
any
part
of
any
8
challenge.
If
specifications
are
to
be
rewritten,
the
matter
shall
be
9
continued
until
the
determinations
officer
makes
a
final
determination
10
of
the
acceptability
of
the
revised
specifications.
1
1
(c)
The
administrator
shall
reset
the
bid
opening
no
later
than
fif
-
12
teen
(15)
days
after
final
determination
of
challenges
or
the
amendment
13
of
the
specifications.
If
the
administrator
denies
the
challenge,
then
14
the
bid
opening
date
shall
not
be
reset.
15
(d)
The
final
decision
of
the
determinations
officer
or
administrator
16
on
the
challenge
to
specifications
shall
not
be
considered
a
contested
17
case
within
the
meaning
of
the
administrative
procedure
act;
provided
18
that
a
vendor
disagreeing
with
specifications
may
include
such
dis
-
19
agreement
as
a
reason
for
asking
for
appointment
of
a
determinations
20
officer
pursuant
to
subsection
(3)
of
this
section.
21
(2)
Nonresponsive
bids.
22
(a)
There
shall
be,
beginning
with
the
day
following
receipt
of
notice
23
of
rejection,
a
period
of
five
(5)
working
days
in
which
a
bidder
whose
24
bid
was
found
nonresponsive
may
appeal
such
decision
to
the
director
25
of
the
department
of
administration.
A
nonresponsive
bid,
within
the
26
meaning
of
this
chapter,
is
a
bid
that
does
not
comply
with
the
bid
invi
-
27
tation
and
specifications
and
shall
not
apply
to
a
vendor
whose
bid
is
28
considered
but
who
is
determined
not
to
be
the
lowest
responsible
bidder
29
as
defined
in
this
chapter.
The
director
shall:
30
(i)
Deny
the
application;
or
31
(ii)
Appoint
a
determinations
officer
to
review
the
record
and
32
submit
a
recommended
order
to
the
director
to
affirm
or
reverse
the
33
administrator's
decision
of
bid
nonresponsiveness.
34
(b)
The
director
shall,
upon
receipt
of
a
written
recommendation
from
35
the
determinations
officer,
sustain,
modify
or
reverse
the
administra
-
36
tor's
nonresponsive
bid
decision.
An
appeal
conducted
under
the
pro
-
37
visions
of
this
subsection
shall
not
be
considered
a
contested
case
and
38
shall
not
be
subject
to
judicial
review
under
the
provisions
of
chapter
39
52,
title
67,
Idaho
Code.
40
(3)
Lowest
responsible
bidder.
41
(a)
A
vendor
whose
bid
is
considered
may,
within
five
(5)
working
days
42
following
receipt
of
notice
that
he
is
not
the
lowest
responsible
bid
-
43
der,
apply
to
the
director
for
appointment
of
a
determinations
officer.
44
The
application
shall
set
forth
in
specific
terms
the
reasons
why
the
45
administrator's
decision
is
thought
to
be
erroneous.
Upon
receipt
of
46
the
application,
the
director
shall
within
five
(5)
working
days:
47
(i)
Deny
the
application,
and
such
denial
shall
be
considered
the
48
final
agency
decision;
49
11
(ii)
Appoint
a
determinations
officer
to
review
the
record
to
de
-
1
termine
whether
the
administrator's
selection
of
the
lowest
re
-
2
sponsible
bidder
is
correct;
or
3
(iii)
Appoint
a
determinations
officer
with
authority
to
conduct
a
4
contested
case
hearing
in
accordance
with
the
provisions
of
chap
-
5
ter
52,
title
67,
Idaho
Code.
6
(b)
The
period
for
filing
an
application
pursuant
to
paragraph
(a)
of
7
this
subsection
shall
be
suspended
upon
a
request
by
a
bidder
for
pub
-
8
lic
records
related
to
the
solicitation
pursuant
to
chapter
1,
title
74,
9
Idaho
Code.
The
period
for
filing
an
application
shall
resume
upon
the
10
public
agency's
written
confirmation
it
has
produced
the
public
records
1
1
requested
or
written
denial
of
the
request
pursuant
to
section
74
-
103,
12
Idaho
Code.
13
(c)
A
determinations
officer
appointed
pursuant
to
paragraph
(a)(ii)
14
of
this
subsection
shall
inform
the
director
by
written
recommendation
15
whether,
in
his
opinion,
the
administrator's
selection
of
the
lowest
16
responsible
bidder
is
correct.
The
determinations
officer
in
making
17
this
recommendation
may
rely
on
the
documents
of
record,
statements
18
of
employees
of
the
state
of
Idaho
participating
in
any
phase
of
the
19
selection
process,
and
statements
of
any
vendor
submitting
a
bid.
A
20
contested
case
hearing
shall
not
be
allowed
and
the
determinations
21
officer
shall
not
be
required
to
solicit
statements
from
any
person.
22
Upon
receipt
of
the
recommendation
from
the
determinations
officer,
23
the
director
shall
sustain,
modify
or
reverse
the
decision
of
the
ad
-
24
ministrator
on
the
selection
of
the
lowest
responsible
bidder,
or
the
25
director
may
appoint
a
determinations
officer
pursuant
to
paragraph
26
(a)(iii)
of
this
subsection.
27
(d)(i)
Any
final
decision
rendered
by
the
director
that
denied
28
an
application
pursuant
to
paragraph
(a)(i)
of
this
subsection
or
29
that
sustained
the
decision
of
the
administrator
under
paragraph
30
(c)
of
this
subsection
shall
be
subject
to
judicial
review.
A
pe
-
31
tition
for
judicial
review
pursuant
to
this
subsection
shall
be
32
filed
within
twenty
-
eight
(28)
days
of
any
final
decision
rendered
33
by
the
director.
The
director
shall
as
soon
as
possible
transmit
34
to
the
reviewing
court
the
original
record
or
a
certified
copy
of
35
the
record
that
shall
consist
of
all
information
received
or
re
-
36
lied
on
by
the
administrator
in
making
the
lowest
responsible
bid
-
37
der
determination,
all
information
submitted
to
the
director
or
38
the
determinations
officer,
and
any
other
information
allowed
by
39
the
court.
The
court
shall
affirm
the
decision
rendered
by
the
di
-
40
rector
unless
the
court
finds
that
the
administrator's
determina
-
41
tion
of
the
lowest
responsible
bidder
or
the
director's
findings,
42
inferences,
conclusions,
or
decisions
rendered
are:
43
1.
In
violation
of
constitutional
or
statutory
provisions;
44
2.
In
excess
of
the
statutory
authority
of
the
agency;
45
3.
Made
on
unlawful
procedure;
46
4.
Not
supported
by
substantial
evidence
on
the
record
as
a
47
whole;
or
48
5.
Arbitrary,
capricious,
or
an
abuse
of
discretion.
49
12
(ii)
In
judicial
review
proceedings
pursuant
to
the
provisions
1
of
this
paragraph,
the
time
for
filing
of
briefs
and
for
hearings
2
shall
be
set
by
the
court
at
the
earliest
possible
time,
or
in
no
3
event
beyond
twenty
-
eight
(28)
calendar
days
from
the
date
of
fil
-
4
ing
of
the
petition.
5
(iii)
If
the
court
does
not
affirm
the
decision
rendered
by
the
di
-
6
rector,
the
proposed
award
of
the
contract
or
the
award
of
the
con
-
7
tract
shall
be
deemed
in
violation
of
this
chapter.
8
(e)
A
determinations
officer
appointed
pursuant
to
paragraph
(a)(iii)
9
of
this
subsection
shall
conduct
a
contested
case
hearing
and
upon
con
-
10
clusion
of
the
hearing
shall
prepare
findings
of
fact,
conclusions
of
1
1
law
and
a
recommended
order
for
the
director
of
the
department
of
admin
-
12
istration.
Upon
receipt
of
the
findings
of
fact,
conclusions
of
law
and
13
recommended
order,
the
director
shall
enter
a
final
order
sustaining,
14
modifying
or
reversing
the
decision
of
the
administrator
on
the
selec
-
15
tion
of
the
lowest
responsible
bidder.
16
(4)
Sole
source
procurement.
17
(a)
In
the
case
of
a
sole
source
procurement,
there
shall
be
a
period
of
18
not
more
than
five
(5)
working
days
from
the
last
date
of
public
notice
19
in
which
any
vendor,
able
to
sell
or
supply
the
property
to
be
acquired,
20
may
notify
the
administrator,
in
writing,
of
his
intention
to
challenge
21
the
sole
source
procurement
and
briefly
explain
the
nature
of
the
chal
-
22
lenge.
23
(b)
Upon
receipt
of
the
challenge,
the
director
shall
either:
24
(i)
Deny
the
application;
or
25
(ii)
Appoint
a
determinations
officer
to
review
the
record
and
26
submit
a
recommended
order
to
the
director
to
affirm
or
reverse
the
27
administrator's
sole
source
determination.
28
(c)
The
director
shall,
upon
receipt
of
a
written
recommendation
from
29
the
determinations
officer,
sustain,
modify
or
reverse
the
administra
-
30
tor's
sole
source
determination.
An
appeal
conducted
under
the
provi
-
31
sions
of
this
subsection
shall
not
be
considered
a
contested
case
and
32
shall
not
be
subject
to
judicial
review
under
the
provisions
of
chapter
33
52,
title
67,
Idaho
Code.
34
(5)
The
administrator
may,
on
his
own
initiative,
file
a
complaint
with
35
the
director
for
a
hearing
before
a
determinations
officer.
The
director
36
shall
appoint
a
determinations
officer
who
shall
make
written
recommenda
-
37
tions
to
the
director
and
the
director
shall
render
whatever
decision
is
nec
-
38
essary
to
resolve
the
complaint.
39
(6)
The
director
is
hereby
authorized
and
directed
to
appoint
a
deter
-
40
minations
officer
whenever
one
is
required
by
this
chapter.
The
officer
41
shall
meet
and
render
whatever
determination
is
called
for.
When
a
complaint
42
is
filed
pursuant
to
subsection
(2)
of
this
section,
no
bid
may
be
awarded
43
until
the
final
decision
is
rendered
by
the
director;
provided
that
in
all
44
other
cases
where
a
determinations
officer
is
appointed
by
the
director,
the
45
director
shall
have
the
power
to
allow
the
acquisition
contract
to
be
awarded
46
to
the
successful
bidder
prior
to
or
after
the
decision
of
the
determinations
47
officer
if
he
determines
such
award
to
be
in
the
best
interests
of
the
state.
48
Any
determinations
officer
appointed
pursuant
to
this
section
shall
exist
49
only
for
the
duration
of
unresolved
complaints
on
an
acquisition
and
shall
50
13
be
dismissed
upon
resolution
of
all
such
complaints.
The
determinations
1
officer
shall
be
guided
in
his
determination
by
the
best
economic
interests
2
of
the
state
for
both
the
near
future
and
more
extended
periods
of
time.
In
3
addition
to
the
powers
conferred
on
the
determinations
officer,
the
director
4
may:
5
(a)
Impose
the
penalty
prescribed
by
section
67
-
9231(3),
Idaho
Code;
6
(b)
Enjoin
any
activity
that
violates
this
chapter;
7
(c)
Direct
that
bids
be
rejected
or
sustained;
8
(d)
Direct
that
specifications
be
rejected,
sustained
or
modified;
and
9
(e)
Direct
further
legal
action.
10
(7)
Challenges
or
appeals
conducted
pursuant
to
subsection
(1),
(2),
1
1
(3)(a)(i),
or
(3)(a)(ii)
of
this
section
shall
not
be
considered
to
be
a
con
-
12
tested
case
as
that
term
is
defined
in
the
administrative
procedure
act.
An
13
appeal
conducted
pursuant
to
subsection
(3)(a)(iii)
of
this
section
shall
be
14
conducted
as
a
contested
case
according
to
the
provisions
of
chapter
52,
ti
-
15
tle
67,
Idaho
Code.
16
(8)
Any
person
or
vendor
filing
a
formal
written
protest
of
his
inten
-
17
tion
to
challenge
bid
specifications
pursuant
to
subsection
(1)
of
this
sec
-
18
tion,
or
an
appeal
pursuant
to
subsection
(2)
of
this
section,
shall
post
19
with
the
administrator
at
the
time
of
filing
a
protest
bond
in
the
form
of
a
20
certified
check,
cashier's
check,
bid
bond,
or
surety
bond.
21
(a)
For
contract
bids
with
an
estimated
total
value
of
less
than
ten
22
million
dollars
($10,000,000)
over
the
initial
term,
the
protest
bond
23
amount
shall
be
equal
to
one
percent
(1%).
24
(b)
For
contract
bids
with
an
estimated
total
value
of
ten
million
25
dollars
($10,000,000)
or
more
over
the
initial
term,
the
protest
bond
26
amount
shall
be
equal
to
one
-
half
percent
(0.5%)
and
capped
at
ten
mil
-
27
lion
dollars
($10,000,000).
28
(c)
The
agency
shall
provide
the
estimated
contract
value
to
any
29
prospective
protester
within
twenty
-
four
(24)
hours
of
a
written
re
-
30
quest.
31
(d)
Failure
to
post
the
protest
bond
at
the
time
of
filing
the
formal
32
written
protest
shall
result
in
the
immediate
summary
dismissal
of
the
33
protest
by
the
administrator.
34
(e)
If
the
protest
or
appeal
is
successful,
the
protest
bond
shall
be
35
returned
to
the
protester
in
full.
If
the
protest
or
appeal
is
denied,
36
and
the
final
agency
decision
issued
by
the
administrator
or
direc
-
37
tor
finds
the
protest
to
be
a
frivolous
protest
as
defined
in
section
38
67
-
9203,
Idaho
Code,
the
state
shall
retain
the
protest
bond
in
its
en
-
39
tirety
as
liquidated
damages
for
the
delay
and
administrative
costs
of
40
the
procurement.
Such
findings
shall
constitute
a
determined
frivolous
41
protest
for
the
purposes
of
debarment
under
section
67
-
9217,
Idaho
42
Code.
43
SECTION
12.
That
Section
67
-
9233,
Idaho
Code,
be,
and
the
same
is
hereby
44
amended
to
read
as
follows:
45
67
-
9233.
ETHICS
IN
PROCUREMENT.
(1)
It
is
the
intent
of
the
legisla
-
46
ture
that
all
persons
involved
in
the
process
of
procuring
property
for
the
47
state
conduct
themselves
in
a
manner
that
protects
the
public
interest
and
48
14
fosters
confidence
in
the
integrity
of
the
process.
To
that
end,
this
sec
-
1
tion
shall
apply
to
all
such
persons,
including:
2
(a)
State
officers,
even
if
the
officer
or
officer's
employer
is
ex
-
3
cluded
from
the
definition
of
"agency"
under
section
67
-
9203,
Idaho
4
Code;
5
(b)
State
employees,
even
if
the
employee
works
for
an
officer,
insti
-
6
tution
or
entity
that
is
excluded
from
the
definition
of
"agency"
under
7
section
67
-
9203,
Idaho
Code;
and
8
(c)
Vendors
or
any
person
acting
on
behalf
of
a
vendor.
9
(2)
In
any
matter
relating
to
state
procurement,
it
is
an
unethical
10
breach
of
the
public
trust
to:
1
1
(a)
Knowingly
attempt
to
realize
personal
gain
through
state
office
or
12
employment
by
any
conduct
inconsistent
with
this
chapter
or
any
other
13
applicable
law
or
rule;
14
(b)
Attempt
to
influence
a
state
officer
or
employee
to
violate
the
pol
-
15
icy
or
provisions
of
this
chapter
or
any
other
applicable
law
or
rule;
or
16
(c)
Knowingly
violate
an
applicable
law
or
rule.
17
(3)
Subject
to
due
process
requirements,
and
in
addition
to
any
other
18
administrative,
civil
or
criminal
sanctions
provided
by
law
or
rule,
a
state
19
employee's
supervisor
may
impose
the
following
sanctions
on
the
employee
for
20
an
unethical
breach
of
the
public
trust:
21
(a)
A
reprimand
or
warning,
either
oral
or
written;
22
(b)
Suspension
with
or
without
pay
for
a
specified
period
of
time;
or
23
(c)
Termination
of
employment.
24
(4)
In
addition
to
any
other
administrative,
civil
or
criminal
sanction
25
provided
by
law
or
rule,
a
vendor
who
commits
an
unethical
breach
of
the
pub
-
26
lic
trust,
or
whose
advocate
or
representative
commits
an
unethical
breach
27
of
the
public
trust,
may
be
disqualified
pursuant
to
section
67
-
9217,
Idaho
28
Code.
29
(5)
Vendors,
employees
of
a
vendor,
or
any
persons
acting
on
behalf
of
30
a
vendor
shall
report
to
the
secretary
of
state
any
financial
expenditures
31
over
fifty
dollars
($50.00),
including
but
not
limited
to
reimbursements
for
32
meals
and
travel.
33
SECTION
13.
An
emergency
existing
therefor,
which
emergency
is
hereby
34
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
35
July
1,
2026.
36