Exemptions

DOCUMENT TITLE	DESCRIPTION/INSTRUCTIONS
	Laserfiche which host our Exemption Portal is down as of 7 Oct 23. ITS is working the issue. At this time DOP is accepting paper submissions of the expemptions until further notice. If you have any question please contact us at purchasing@adm.idaho.gov.
DA-1	Agency must complete the form when requesting renewals, amendments, and sourcing events.
MULTIPLE AWARD (Multiple Award Example)	Agency must justify the need for multiple award, based on Idaho Code requirements. Written approval of the Administrator of DOP is required to make a multiple award for the same or similar services. I.C. 67-9211 Competitive Rules Apply Include language providing for the possibility of multiple award. It’s important to distinguish between “multiple award" for the same/similar services AND partial awards.
BRAND NAME ONLY (no equivalents allowed)	It is permissible to specify “brand name or equal" without Administrator approval. However, if the agency needs a specific brand and can justify that need, the Administrator may allow the agency to be more restrictive by specifying “brand name only" Administrator approval is needed prior to including this restriction in your solicitation. IDAPA 38.05.01.111.05 Competitive rules apply *specify “Brand Name Only, no equivalents/substitutes" in the solicitation document.
EXEMPTION FROM AN OPEN (STATEWIDE) CONTRACT	Idaho Code requires agencies to utilize “Open" contracts (SBPOs/PADDs). If the agency’s need cannot be met by an “Open" contract, the agency may request an exemption from the Administrator. This is not an exemption from the competitive procurement rules, simply an exemption from utilizing the Open contract (the agency must still follow the applicable competitive procurement rules). I.C. 67-9216 Competitive rules apply
ONE-TIME LIMITED DELEGATED PURCHASE AUTHORIZATION	Agencies may need to request limited “one-time" authority to allow the agency to complete a purchase above its current authority level. An example is when an agency with $25,000 issues an RFQ and the lowest responsive responsible quote is $30,000. The agency does not have the authority to make the purchase for $30,000; however, it can request one-time limited authority to complete the purchase, by obtaining written approval from the Administrator, after DOP reviews the RFQ process it followed, and confirms that the process is in compliance with applicable procurement rules. IDAPA 38.05.01.021 Competitive rules apply
REQUEST TO NEGOTIATE	IDAPA allows for limited circumstances when negotiation may be authorized by the Administrator (e.g. failed bid) IDAPA 38.05.01.084 Exempt from competition
REQUEST TO UTILIZE a POLICY DIRECTIVE *If additional approvals are required by the Policy Directive	Additional approval requirements only apply to a few Policy Directives. Check the language of the Policy Directive: Policy Directives Exempt from competition
REQUEST FOR ONE TIME EXEMPTION FROM COMPETITION	The Administrator may exempt an acquisition from competition under limited circumstances (e.g. impractical, disadvantageous or unreasonable). For Sole Source, use the SSA Request Form. IDAPA 38.05.01.042.10 Exempt from competition
SOLE SOURCE REQUEST FORM (SSA)	Product or service available from only one supplier; and necessary to meet the business needs of the agency/state (e.g. compatibility, unique feature to meet state’s business need, etc.). IDAPA 38.05.01.045 Exempt from competition To be completed upon request by Division of Purchasing (DOP)
EMERGENCY PURCHASE AUTHORIZATION	Must be a true emergency (health, safety, welfare), with no time to obtain even quick quotes via phone. IDAPA 38.05.01.043 Exempt from competition