No state agency or local government agency shall accept a bid or proposal from a person who directly participated in the preparation of specifications, qualifications or evaluation criteria on which the specific competitive bid or proposal was based. A person accepting a bid or proposal on behalf of a state agency or local government agency shall exercise due diligence to ensure compliance with this section.
History: 1953 Comp., § 5-12-13, enacted by Laws 1967, ch. 306, § 13; 2007, ch. 362, § 7; 2011, ch. 138, § 10.
ANNOTATIONSThe 2011 amendment, effective July 1, 2011, prohibited local government agencies from accepting bids from persons who participated in the preparation of the specifications, qualifications or evaluation criteria of the bid.
The 2007 amendment, effective July 1, 2007, prohibited political subdivisions from accepting bids or proposals from a person who participated in the preparation of qualifications or evaluation criteria and requires persons who accepts bids or proposals for a state agency or political subdivision to use due diligence to ensure compliance with this section.
School district not state agency. — "State agency" as used in the Conflict of Interest Act [now Governmental Conduct Act] does not apply to school districts. 1969 Op. Att'y Gen. No. 69-19.
Section not violated. — If the state purchasing agent secures free technical assistance from a supplier in order to aid in preparing specifications, this act is not violated. 1967 Op. Att'y Gen. No. 67-118.
Scope of "person". — "Person" as used in this section includes any person, corporation, partnership or other legal entity. 1967 Op. Att'y Gen. No. 67-118.