Title 67 — STATE GOVERNMENT AND STATE AFFAIRS

67-9201. short title. This chapter shall be known and may be cited as the "State Procurement Act."

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 recei…

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, …

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 e…

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 provide…

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 suf…

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 o…

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…

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 …

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. However, environmental, social, and governance standards may not be used a…

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 typ…

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 a…

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 solici…

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.

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 …

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 …

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 spe…

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 con…

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, institutio…

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…

67-9221. noncompetitive and emergency procurements. (1) The administrator may allow noncompetitive procurements when: (a) A particular savings to the state may be obtained through the use of educational discounts, reverse public auctions or acquisition of federal surplus or exces…

67-9222. nonowned property. (1) Bids submitted for the acquisition of any property, the terms of payment for which are other than those of a procurement with attendant passage of title, shall be prepared on a basis that will allow the state full unlimited use, except for those pe…

67-9223. exchange of state property. (1) Whenever an agency owns property no longer economical to use, the administrator may dispose of such property by exchanging the same in part payment for new property, as provided for in this section. The administrator shall include in the s…

67-9224. cooperative and group discount purchasing. (1) The administrator may authorize an agency to: (a) Become a participating member of a group discount purchasing organization; (b) Participate in, sponsor, conduct or administer a cooperative purchasing agreement for property …

67-9225. procurement by state institutions of higher education. (1) A state institution of higher education may establish policies and procedures for procuring property that shall be substantially consistent with the requirements for procuring property as set forth in this chapte…

67-9226. discounts. (1) Whenever an employee of an agency is charged with the responsibility of procuring property for and on behalf of the state, the employee shall, if possible, negotiate discounts normally given in the ordinary course of business including, but not limited to,…

67-9227. contracts with federal government exempt from certain provisions. The administrator, on behalf of any agency, and the comparable purchasing officers of the several political subdivisions, municipal corporations and public agencies of the state on behalf of such political…

67-9228. acquisition of property — general services administration federal supply schedule contracts. Notwithstanding any provision in this chapter to the contrary, the administrator may, instead of soliciting bids, contract for property at a price equal to or less than the contr…

67-9229. application of administrative procedure act. (1) All rules of the division of purchasing shall be adopted in accordance with the provisions of chapter 52, title 67, Idaho Code. Only appeals conducted as contested cases pursuant to section 67-9232(3)(a)(iii), Idaho Code, …

67-9230. prohibitions. (1) No contract or any interest therein shall be transferred by the contractor to whom such contract is given to any other party without approval in writing by the administrator and by the board of examiners pursuant to section 67-1027, Idaho Code. Transfer…

67-9231. penalties. (1) Any person convicted of a violation of subsection (1), (2), (3) or (8) of section 67-9230, Idaho Code, shall be guilty of a misdemeanor. (2) Any person convicted of a violation of subsection (4) of section 67-9230, Idaho Code, shall be guilty of a felony. …

67-9232. challenges and appeals. (1) Bid specifications. (a) There shall be, beginning with the date of receipt of notice, a period of no more than ten (10) working days in which any vendor, qualified and able to sell or supply the items to be acquired, may notify the administrat…

67-9233. ethics in procurement. (1) It is the intent of the legislature that all persons involved in the process of procuring property for the state conduct themselves in a manner that protects the public interest and fosters confidence in the integrity of the process. To that en…

67-9234. Notice of intent prior to agreement taking effect. (1) Any agency of this state, including any state institution of higher education, that plans to enter into a contract or agreement with another person or entity in which goods, services, real estate, or other property r…

67-9235. severability. Insofar as a provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.