ID H0166

Repeals existing Section 67-9213 of Idaho Code and replaces it with new provisions governing contracts awarded in violation of the State Procurement Act.

For violations identified before contract award, the solicitation or proposed award shall be canceled or revised to comply with procurement law.

For violations identified after contract award where the bidder did not act fraudulently or in bad faith, the director may ratify the contract (limited to 6 months), terminate it with compensation for actual expenses plus reasonable profit, or allow return of unused goods.

For violations where the bidder acted fraudulently or in bad faith, the director may declare the contract void, ratify it as an emergency procurement (limited to 6 months), or allow return of unused goods; the state may recover overpayments and is entitled to damages for breach of contract or tort.

Bars consequential damages (including lost profits, lost business opportunities, and reputational harm) in all solicitation and contract award disputes; does not limit criminal prosecution under Title 18 of Idaho Code.