Section 67-9201 – SHORT TITLE.

67-9201. SHORT TITLE. This chapter shall be known and may be cited as the "State Procurement Act." History: [67-9201, added 2016, ch. 289, sec. 4, p. 793.]

Section 67-9202 – DECLARATION OF POLICY.

67-9202. DECLARATION OF POLICY. The Idaho legislature, recognizing that an offered low price is not always indicative of the greatest value, declares it to be the policy of the state: (1) To engage in open, competitive acquisitions of property; and (2) To maximize the value received by the state with attendant benefits to the citizens. […]

Section 67-9203 – DEFINITIONS.

67-9203. DEFINITIONS. As used in this chapter: (1) "Acquisition" means the process of procuring property. (2) "Administrator" means the administrator of the division of purchasing as created by section 67-9204, Idaho Code. (3) "Agency" means all officers, departments, divisions, bureaus, boards, commissions and institutions of the state, including the public utilities commission, but excluding: (a) […]

Section 67-9204 – DIVISION OF PURCHASING — ADMINISTRATOR.

67-9204. DIVISION OF PURCHASING — ADMINISTRATOR. (1) There is hereby created within the department of administration the division of purchasing. The director shall appoint an administrator for the division, subject to the approval of the governor. (2) The administrator shall be exempt from the provisions of the state merit system. (3) The administrator may employ […]

Section 67-9205 – POWERS AND DUTIES OF THE ADMINISTRATOR.

67-9205. POWERS AND DUTIES OF THE ADMINISTRATOR. The administrator of the division of purchasing: (1) Shall acquire all property for state agencies according to the provisions of this chapter; (2) Shall acquire all property by competitive solicitation, except as otherwise provided; (3) Shall determine, based on the specifications and matters relating to responsibility, the lowest […]

Section 67-9206 – DELEGATION OF AUTHORITY.

67-9206. DELEGATION OF AUTHORITY. (1) The administrator may delegate such authority as the administrator deems appropriate to an employee of the division, an agency employee or an agency, provided that any such employee or the procurement staff of any such agency demonstrates sufficient competence in procurement as to satisfy the administrator. (2) A delegation made […]

Section 67-9207 – PROCUREMENT TRAINING.

67-9207. PROCUREMENT TRAINING. (1) A person who may procure property for the state or whose employment with the state includes duties relating to procurement, such as contract administration, management or monitoring, shall undergo procurement training, including a person whose office or employer is excluded from the definition of "agency" under section 67-9203, Idaho Code. The […]

Section 67-9208 – SOLICITATIONS.

67-9208. SOLICITATIONS. (1) The administrator shall not make or cause to be made any acquisition until a requisition for the property to be acquired has been submitted to the administrator’s office by the requisitioning agency. The requisition shall certify to the administrator’s satisfaction that there are sufficient funds or balance in appropriations out of which […]

Section 67-9209 – BIDS.

67-9209. BIDS. (1) In response to a solicitation issued pursuant to section 67-9208, Idaho Code, a vendor seeking to supply the property solicited shall submit a bid in a manner prescribed by rule. (2) To enhance small business bidding opportunities, the administrator shall seek a minimum of three (3) bids from vendors having a significant […]

Section 67-9210 – AWARD OF CONTRACT.

67-9210. AWARD OF CONTRACT. (1) The administrator shall award contracts to, and place orders for property with, the lowest responsible bidder. Qualifications for responsibility shall be prescribed by rule. (2) Where both the bids and quality of property offered are the same, preference shall be given to property of local and domestic production and manufacture […]

Section 67-9211 – MULTIPLE AWARDS.

67-9211. MULTIPLE AWARDS. (1) Notwithstanding any provision of this chapter to the contrary, the administrator may make an award of a contract to two (2) or more bidders to furnish the same or similar property when more than one (1) contractor is necessary: (a) To furnish the types of property and quantities required by state […]

Section 67-9212 – CONTRACTS SHALL BE IN WRITING.

67-9212. CONTRACTS SHALL BE IN WRITING. Every contract made by the administrator on behalf of the state shall be in writing and shall be signed manually or electronically by the contracting parties. Every contract shall be filed in the office of the administrator, together with all bids, specifications and other documents and records associated with […]

Section 67-9213 – CONTRACTS IN VIOLATION OF PROVISIONS OF THE ACT.

67-9213. CONTRACTS IN VIOLATION OF PROVISIONS OF THE ACT. (1) Prior to award of a contract, if it is determined administratively or in an administrative or judicial review authorized by this chapter that the proposed award of a contract is in violation of this chapter, the solicitation or proposed award shall be canceled or revised […]

Section 67-9214 – ACCEPTANCE OF PROPERTY.

67-9214. ACCEPTANCE OF PROPERTY. No property to be acquired by an agency shall be accepted by the agency unless the property meets the specifications set forth in the solicitation or contract. History: [67-9214, added 2016, ch. 289, sec. 4, p. 797.]

Section 67-9215 – PRESERVATION AND DISCLOSURE OF RECORDS — EXCEPTION.

67-9215. PRESERVATION AND DISCLOSURE OF RECORDS — EXCEPTION. (1) The administrator shall preserve all records relating to solicitations in the administrator’s office, and information with respect thereto, in such form as the administrator shall prescribe by rule, for a period of three (3) years after the date of final action, or for a period of […]

Section 67-9216 – OPEN CONTRACTS.

67-9216. OPEN CONTRACTS. (1) If property is available on an open contract, then all agencies seeking to procure such property must do so from the open contract. Provided however, that the administrator may grant an exemption to a requesting agency if the administrator determines that an exemption would be in the best interest of the […]

Section 67-9217 – DISQUALIFICATION OF VENDORS.

67-9217. DISQUALIFICATION OF VENDORS. (1) A disqualified vendor may not submit a bid. (2) A vendor may be disqualified by the administrator for any of the following reasons: (a) Failure to perform according to the terms of any contract; (b) Attempts by whatever means to cause specifications to be drawn so as to favor a […]

Section 67-9218 – PAYMENT OF CONTRACTORS.

67-9218. PAYMENT OF CONTRACTORS. (1) Within ten (10) days after the property acquired is delivered as called for by the specifications, the acquiring agency shall complete all processing required of that agency to permit the contractor to be paid according to the terms of the contract. (2) Within ten (10) days of receipt of the […]

Section 67-9219 – CONTRACT OVERSIGHT.

67-9219. CONTRACT OVERSIGHT. (1) Subject to approval of the director, the administrator shall formulate rules that establish policies and procedures relating to the administration, management, monitoring and oversight of contracts entered by an agency. (2) Any officer, institution or entity that is excluded from the definition of "agency" under section 67-9203, Idaho Code, but that […]

Section 67-9220 – INVENTORIES.

67-9220. INVENTORIES. Every agency shall submit to the administrator, at such times as the administrator may require, a written statement containing full information as to all property then in the agency’s possession and the estimated requirements of the agency for such period as the administrator may designate. Further, the administrator may, at any time, inspect […]