2005 Idaho Code - 67-2309 — WRITTEN PLANS AND SPECIFICATIONS FOR WORK TO BE MADE BY OFFICIALS -- AVAILABILITY

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 23
                           MISCELLANEOUS PROVISIONS
    67-2309.  WRITTEN PLANS AND SPECIFICATIONS FOR WORK TO BE MADE BY
OFFICIALS -- AVAILABILITY. All officers of the state of Idaho, the separate
counties, cities, towns, villages or school districts within the state of
Idaho, all boards or trustees thereof or other persons required by the
statutes of the state of Idaho to advertise for bids on contracts for the
construction, repair or improvement of public works, public buildings, public
places or other work, shall make written plans and specifications of such work
to be performed or materials furnished, and such plans and specifications
shall be available for all interested and prospective bidders therefor,
providing that such bidders may be required to make a reasonable deposit upon
obtaining a copy of such plans and specifications; all plans and
specifications for said contracts or materials shall state, among other things
pertinent to the work to be performed or materials furnished, the number,
size, kind and quality of materials and service required for such contract,
and such plans and specifications shall not specify or provide the use of any
articles of a specific brand or mark, or any patented apparatus or appliances
when other materials are available for such purpose and when such requirements
would prevent competitive bidding on the part of dealers or contractors in
other articles or materials of equivalent value, utility or merit.  The
design-build method of construction may be employed by public officials in
contracts for the construction, repair, or improvement of public works, public
buildings, public places or other work.  For purposes of this section, a
design-build contract is a contract between a public entity and a
nongovernmental party in which the nongovernmental party contracting with the
public entity agrees to both design and build a structure, roadway or other
item specified in the contract. In any action which shall arise under this
section, the court may assess a civil penalty not to exceed five hundred
dollars ($500) to be paid by the public entity.