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~~607~~ BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO PUBLIC BUILDINGS AND WORKS;

607, As Amended in the Senate BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO PUBLIC BUILDINGS AND WORKS;

(2) A bidder may ~~challenge~~ the administrator's decision pursuant to the provisions of this ~~section~~ under the following circumstances:

(2) An entity that was a primary bidder or primary proposer may chal- lenge the administrator's decision pursuant to the provisions of this sec- tion under the following circumstances:

Upon receipt of the findings of fact, conclusions of law, and recommended order, the director shall ~~enter~~ a final order affirming, modifying, or reversing the decision of the administrator.

Upon receipt of the findings of fact, conclusions of law, and recommended order, the director shall en- ter a final order affirming, modifying, or reversing the decision of the administrator.

In addition to the requirements of section 67-5270, Idaho Code, the challenging bidder shall also file a ~~proper~~ protest bond in an amount equal to twenty-five percent (25%) of the allocated budget for the construction of the public works capital improvements.

(d) In addition to the requirements of section 67-5270, Idaho Code, the challenging bidder shall also file a protest bond in an amount equal to twenty-five percent (25%) of the allocated budget for the construction of the public works capital improvements.

If the allocated budget was not included in the request for qualifications, the director shall set the bond at a reasonable amount that does not ~~ex-~~ ~~ceed~~ twenty-five ~~percent~~ (25%) of the anticipated capital expenditures to complete the public works improvements.

(i) If the allocated budget was not included in the request for qualifications, the director shall set the value of the protest bond at a reasonable amount that does not exceed twenty-five per- cent (25%) of the anticipated capital expenditures to complete the public works improvements.

(ii) If the challenge is successful, the protest bond will be re- turned to the challenging bidder within fourteen (14) days of the final decision having been made.

(iii) If the challenge is not successful, a claim may be made against the protest bond by the public entity in an amount equal to the expenses incurred by the public entity because of the chal- lenge.

Such expenses must be documented and may include but are not limited to legal fees, court costs, escalated material prices, and other direct damages related to the challenge.

The remainder of the bond shall be released after the claim has been satisfied.