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.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 92 - STATE PROCUREMENT ACT
Section 67-9201 - SHORT TITLE.
Section 67-9202 - DECLARATION OF POLICY.
Section 67-9203 - DEFINITIONS.
Section 67-9204 - DIVISION OF PURCHASING — ADMINISTRATOR.
Section 67-9205 - POWERS AND DUTIES OF THE ADMINISTRATOR.
Section 67-9206 - DELEGATION OF AUTHORITY.
Section 67-9207 - PROCUREMENT TRAINING.
Section 67-9208 - SOLICITATIONS.
Section 67-9210 - AWARD OF CONTRACT.
Section 67-9211 - MULTIPLE AWARDS.
Section 67-9212 - CONTRACTS SHALL BE IN WRITING.
Section 67-9213 - CONTRACTS IN VIOLATION OF PROVISIONS OF THE ACT.
Section 67-9214 - ACCEPTANCE OF PROPERTY.
Section 67-9215 - PRESERVATION AND DISCLOSURE OF RECORDS — EXCEPTION.
Section 67-9216 - OPEN CONTRACTS.
Section 67-9217 - DISQUALIFICATION OF VENDORS.
Section 67-9218 - PAYMENT OF CONTRACTORS.
Section 67-9219 - CONTRACT OVERSIGHT.
Section 67-9220 - INVENTORIES.
Section 67-9221 - NONCOMPETITIVE AND EMERGENCY PROCUREMENTS.
Section 67-9222 - NONOWNED PROPERTY.
Section 67-9223 - EXCHANGE OF STATE PROPERTY.
Section 67-9224 - COOPERATIVE AND GROUP DISCOUNT PURCHASING.
Section 67-9225 - PROCUREMENT BY STATE INSTITUTIONS OF HIGHER EDUCATION.
Section 67-9227 - CONTRACTS WITH FEDERAL GOVERNMENT EXEMPT FROM CERTAIN PROVISIONS.
Section 67-9229 - APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.
Section 67-9230 - PROHIBITIONS.
Section 67-9232 - CHALLENGES AND APPEALS.