Idaho Code

Idaho Code § 40-902 (2026)

Bids — State highway system.

✓ current as of May 2026

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Bids — State highway system.

(1) Whenever work on the state highway system is let by contract, advertisement for sealed bids must be provided for at least two (2) consecutive weeks in one (1) newspaper, having a general circulation in the county or one (1) of the counties, where the work is to be done. In addition, the department may use any medium reasonably determined to reach prospective bidders.

(2) Each bid must be accompanied by a cashier’s check or a certified check in favor of the department on some bank in the state of Idaho, or by a bidder’s bond, for the sum of five percent (5%) of the amount of the bid, to be forfeited if the bidder, upon acceptance of his bid, fails or refuses to enter into a contract within fifteen (15) days after the presentation of the contract by the department to him for execution and to furnish the required bond. Checks and bonds of unsuccessful bidders shall be returned immediately after the contract is awarded. If the contracting agency allows electronically submitted bid documents, then a bid bond in electronic form with valid electronic signatures shall accompany the submittal of the electronic bid documents.

(3) Except as allowed by the provisions of sections 40-904 and 40-905, Idaho Code, bids shall be opened publicly at the time and place specified in the advertisement and the contract let to the lowest responsible bidder, but the department has the right to reject any and all bids, or to let the contract for a part or all of the work.

(4) If no satisfactory bid is received, new bids may be called for, or the work may be performed by day labor, or as may be determined by the department.

(5) Except as allowed by the provisions of sections 40-904 and 40-905, Idaho Code, a bidder who did not submit the lowest responsible bid as determined by the department may within five (5) calendar days of bid opening file a written application to challenge the department’s determination of the lowest responsible bidder and apply to the department’s chief engineer for the appointment of a hearing officer to hold a contested case hearing. The application shall set forth in specific terms the reasons why the department’s decision is thought to be erroneous. Upon receipt of an application, the chief engineer shall appoint a hearing officer with the authority to conduct a contested case hearing in accordance with the provisions of chapter 52, title 67, Idaho Code. Upon receipt from the hearing officer of findings of fact, conclusions of law and a recommended order, the chief engineer shall review the same and enter a final order sustaining or reversing the decision of the department on the selection of the lowest responsible bidder. Following entry of the final order, the chief engineer shall have the authority to award the contract to the bidder determined in the final order to be the lowest responsible bidder at a time and in a manner which shall be in the best interest of the state.

Notes of Decisions

Cited in 4 cases, 1937–2003 · leading case: Westway Constr., Inc. v. Idaho Transp. Dep't, 73 P.3d 721 (Idaho 2003).

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Westway Constr., Inc. v. Idaho Transp. Dep't, 73 P.3d 721 (Idaho 2003). · cites it 7× “That statute provides: (2) Each bid must be accompanied by a cashier’s check or a certified check in favor of the department on some bank in the state of Idaho, or by a bidder’s bond, for the sum of five per cent (5%) of the amount of the bid, to be forfeited if the bidder, upon…”

Harrell v. City of Lewiston, 506 P.2d 470 (Idaho 1973). · cites it 4× “Both parties agree that the City of Lewiston failed to adopt an ordinance on April 19, 1971, pursuant to I.C. § 40-902 et seq. The respondents, however, question whether the formal adoption of zoning regulations by ordinance is required under I.”

United Pac. Ins. v. Bakes, 67 P.2d 1024 (Idaho 1937). · cites it 2× “If “gross premiums” without this proviso meant the same thing as urged by respondent, why did the legislature make the proviso? We cannot consider that the legislature did not thus clearly enunciate its meaning and intention.”

Broderick v. Travelers Ins., 73 F. Supp. 354 (D. Idaho 1947). · cites it 8× “This action was originally before the Court on a motion to dismiss the complaint on the ground that it did not state a claim against the defendant companies and at the time of the argument on this motion it was contended by the plaintiff that he did not rely upon the written…”

— Idaho Code § 40-902(2) — 1 case

Westway Constr., Inc. v. Idaho Transp. Dep't, 73 P.3d 721 (Idaho 2003). “That statute provides: (2) Each bid must be accompanied by a cashier’s check or a certified check in favor of the department on some bank in the state of Idaho, or by a bidder’s bond, for the sum of five per cent (5%) of the amount of the bid, to be forfeited if the bidder, upon…”

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