Idaho Code 67-9221 – Noncompetitive and Emergency Procurements
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(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 excess property;
(b) The property is available only from a sole source;
(c) Immediate delivery of the property is required by public exigencies and the administrator has declared that an emergency exists; or
(d) Other circumstances justify a noncompetitive procurement in the opinion of the director and the administrator.
(2) Prior to procuring property from a sole source, the administrator shall post notice of a sole source procurement, unless the property is required for a life-threatening situation or a situation that is immediately detrimental to the public welfare or property. The notice shall be posted in a conspicuous manner as prescribed by rule.
Terms Used In Idaho Code 67-9221
- Acquisition: means the process of procuring property. See Idaho Code 67-9203
- 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 67-9203Contract: 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. Director: means the director of the department of administration as created by section 67-5701, Idaho Code. 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 Sole source: means the only vendor from whom specific property is available to procure. 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 State institution of higher education: means Boise state university, Idaho state university or Lewis-Clark state college. See Idaho Code 67-9203
(3) When the administrator has declared an emergency, payment vouchers may be issued on behalf of an agency without sufficient funds to make an emergency procurement. A payment voucher shall include a statement of justification for the emergency procurement.
(4) There will not be noncompetitive procurement from a state institution of higher education, as defined in section 67-2332A, Idaho Code, unless:
(a) The contract meets the following criteria:
(i) It is for less than ten thousand dollars ($10,000); and
(ii) It is either not a contract for services or it is a contract for services related to lodging or events;
(b) The contract is between state institutions of higher education; or
(c) The administrator makes a written determination that the circumstances of the acquisition are consistent with the provisions of subsection (1) of this section.