Idaho Code 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 state.

(2) A request for an exemption shall be made in writing and explain why the exemption would be in the best interest of the state.

Terms Used In Idaho Code 67-9216

Administrator: means the administrator of the division of purchasing as created by section 67-9204, Idaho Code. See Idaho Code 67-9203
Agency: means all officers, departments, divisions, bureaus, boards, commissions and institutions of the state, including the public utilities commission, but excluding:

Idaho Code 67-9203

Contract: means an agreement for the acquisition of property, including a purchase order. See Idaho Code 67-9203

Contract: A legal written agreement that becomes binding when signed.

Procure: means to obtain property for state use in a manner other than by gift including, but not limited to, purchase, lease or rent. See Idaho Code 67-9203

Property: means goods, services, parts, supplies and equipment, both tangible and intangible, including, but not limited to, designs, plans, programs, systems, techniques and any rights or interests in such property. See Idaho Code 67-9203

State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114

(3) The administrator’s determination to grant an exemption shall be made in writing and explain the justification for the exemption.

(4) The administrator shall make an annual report to the legislature on the first day of the regular session, which report shall detail:

(a) The exemptions requested during the previous year;

(b) Whether the exemptions were granted or denied; and