(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.

Terms Used In Idaho Code 67-9230

  • Administrator: means the administrator of the division of purchasing as created by section 67-9204, Idaho Code. See Idaho Code 67-9203
  • Bid: means a written offer to perform a contract to sell or otherwise supply property in response to a solicitation. See Idaho Code 67-9203
  • Contract: means an agreement for the acquisition of property, including a purchase order. See Idaho Code 67-9203
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means a vendor who has been awarded a contract. See Idaho Code 67-9203
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Open contract: means a contract awarded by the state through the division of purchasing as a result of a competitive solicitation to one (1) or more vendors who have agreed to allow all agencies to procure specified property under the terms and conditions set forth in the contract. See Idaho Code 67-9203
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Property: means goods, services, parts, supplies and equipment, both tangible and intangible, including, but not limited to, designs, plans, programs, systems, techniques and any rights or interests in such property. See Idaho Code 67-9203
  • Specifications: means the standards or requirements for property to be procured as explicitly stated in a solicitation or contract. See Idaho Code 67-9203
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Vendor: means a person or entity capable of supplying property to the state. See Idaho Code 67-9203
    • (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 upon substantial evidence, sent to the administrator concerning matters relating to the responsibility of vendors.
    (8)  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, or affiliate or subsidiary was paid for services used in preparing the specifications or if the services influenced the procurement process.