Governing Laws and Policies

Idaho Code

The Division of Purchasing and most state executive agencies are subject to the State Procurement Act, Idaho Code Title 67, Chapter 92.

Administrative Code

Administrative Code related to the State Procurement Act are found in Rules of the Division of Purchasing 38.05.01.

Exempt Entities

The following are exempt from DOP’s standard procurement requirements:

The Group Insurance Administrator is authorized to procure Group Insurance as described in Idaho Statutes, Title 67, Chapter 57, Section 61.
Risk Management is authorized to procure Risk Management Insurance as described in Idaho Statutes, Title 67, Chapter 57, Section 73.
Boise State University and Idaho State University Procuring and purchasing as described in Idaho Statutes, Title 67, Chapter 92, Section 25.

Policies and Conditions

Policy
Standard Contract Terms and Conditions 05/21 T&Cs that are part of every solicitation. Applicable to Solicitations issued ON OR AFTER May 6, 2021
Solicitation Instructions to Vendors (01/17) Detailed instructions on submitting your bid. Applicable to Solicitations issued ON OR AFTER January 1, 2017

Standard Contract Terms and Conditions (01/17) T&Cs that are part of every solicitation. Applicable to Solicitations issued ON OR AFTER January 1, 2017
Standard Terms and Conditions for Cloud Services \| Instructions (01/19) Standard T&Cs related to Cloud Services
Standard Terms and Conditions for OnPrem Software \| Instructions (01/19) Standard T&Cs related to OnPrem Software and Related Services
Telecommunication Services Special Terms and Conditions (06/15) Special T&Cs for telecommunication purchases
Special Banking Solicitation Instructions to Vendors and Contract Terms and Conditions (01/15) Special solicitation instructions and T&Cs related to banking and credit card purchases
Verification of Lawful Presence in the United States to Receive a State Benefit (Contract)

Policy Directive Number	For Use By	Property Exempted	Exemption From	Restrictions/Requirements for Use	Special Permission Required
10-02	Universities and Colleges	Scientific equipment as detailed	Competition	Equipment must be for use in research Equipment must enable specific scientific measurements, readings, tolerances, etc. Applies to IT only if required for equipment to work and less than 10% of total cost College/University must develop written policy for use of this policy directive	None
11-01	State Appellate Public Defender for Self-Governing Agencies	Legal and professional services	Competition	Must relate to client representation Not otherwise exempt as a small purchase	None
11-02	ISP and other applicable agencies	Property for use in undercover investigations	Utilization of Open Contracts	Property to be used in undercover investigations that will remain anonymous Purchases must be monitored by Purchasing Agent or similar for compliance with other rules and good business judgment	None
11-03	Public Health Agencies	Pharmaceutical Products/Vaccines	Competition	Only when purchased from CDC contracts	None
11-04	All agencies	1. Legal ads, public service announcements, publication/placement of advertisements 2. Mass produced movies, audio recordings, and written publications 3. Licensing for online databases	Competition	See Policy Directive Ads must be placed directly with media sources (does not apply to use of third party vendors to place ads) Exemption applies only if publications are distributed primarily by the publisher or are purchased from a distributor as part of a unique offering Database must be available from a single source only due to proprietary content or unique grouping	YES- Agency must seek permission from Administrator to utilize #3 of this policy directive.
11-05	All agencies	Emergency purchases	Competition	Applies to EXTREME emergencies (immediate and serious threat to health, welfare, or safety) Agency may make necessary purchases and then seek written determination from Administrator as soon as possible	If true emergency, no prior authorization required; must seek determination as soon as possible
11-06	Educational institutions	Property purchased utilizing educational discount	Competition	Discount must be offered by supplier ONLY to educational institutions Property must be for the express purpose of educating students The discount must be significant (generally at least 20%)	Permission required if purchase is over $100,000.
11-07	Endowment Fund Investment Board	Fiduciary Services	Competition	Specific services include: auditors, consultants, custodians, actuaries, and investment managers	None
11-09	Juvenile Corrections	1. Medical and related services 2. Residential care/treatment facilities 3. Reintigration/ transition services 4. Other specialized services	Competition	Exemption limited to specified services (see full Policy Directive)	None
11-10	State entities within Department of Self-Governing Agencies	Legal Services	Competition	Applies to purchases not otherwise exempt as small purchases	Permission from Administrator required
11-11	All agencies	Employee education, training, and training-related travel expenses	Competition	Training must be infrequent for policy directive to apply Limited to expenses under $100,000	None
13-01	Department of Corrections	Transitional Housing Services	Competition	Applies to lodging and living expenses related to transitioning offenders into the community Must be in accordance with IDOC Standard Operating Procedures	None
13-02	Department of Corrections	Offender Medical Insurance	Competition	Applies to insurance covering offenders travelling to/from job sites or engaged in community work projects	None
13-03	Department of Health & Welfare; Division of Veterans Services; other agencies may apply to utilize this PD	1. Idaho Health Registries 2. Specialized Foster Care Services 3. Professional Treatment Foster Care & Intesive Treatment/Residential Care Facilities 4. Child Care Services 5. Minimum standard rates for services 6. Medical professionals 7. Locum Tenens Agreements 8. Community Services Block Grants 9. Recruitment Agencies- Contingency Recruitment of Medical Professionals	Competition	See Policy Directive	None
13-04	All agencies	Specialized legal services; litigation consultants; professional case reviewers; administrative hearing officers; and expert witnesses	Competition	Services must be directly related to threatened, pending, or potential litigation (involving state as a party) or administrative proceedings Applies to services not already exempt as small purchases	Permission from Administrator required
13-05	Federal Surplus Program	Freight services	Competition	Applies to inbound freight for property acquired by FSP FSP must solicit if time permits	None
15-01	All agencies	Youth seasonal work and job training	Competition	Applies to work/job training for youth (generally ages 16-25) Must be established through a written agreement with Youth or Conservation Corps (or similar)	Permission from Administrator required
15-02	All agencies	Membership in national or other associations or partnerships	Competition	Limited to $50,000 without additional permission	Permission required if annual spend exceeds $50,000
15-03	All agencies	Property purchased from Correctional Industries	- Competition - Utilization of Open Contracts	Purchases from CI up to $10,000 are exempt from statewide contract use Purchases over $10,000 exempt from statewide contract use and competition with permission	Permission required if purchase is over $10,000
15-04	Department of Corrections	Extradition services	Competition	Applies to services to return parole violators and dual commitment offenders to Idaho IDOC must seek informal quotes as time allows	None
16-01	Vocational Rehabilitation	1. Prosthetics/ personally prescribed devices 2. Tuition/training fees for individualized job-related training 3. Vehicle modification	Competition	IDVR must develop written procedure/guidelines IDVR must seek information quotes Exemption only applies to purchases under $100,000	Permission required for purchases between $50,000 - $100,000
16-02	Idaho State Department of Agriculture	Inspectors	Competition	Allows ISDA to enter into Price Agreements for performance of Organic Inspection & Specialized Material Reviews ISDA must develop a written process and follow requirements of Policy Directive	None
16-03	Universities and Colleges	Instructional Services and related facility use	Competition	Applies to courses involving unique or specialized training not otherwise exempt from competition Applies when there is a limited pool of instructors/facilities due to geographic or other factors	Permission from Administrator required
16-04	ISP and other authorized agencies	Investigative Case Support and/or Analysis	Competition	Applies to services in support of investigations where individuals must meet security policy requirements of Federal, State or Local agencies Contracts limited to 3 years and $100,000 without additional permission	Permission required if contract will exceed 3 years or $100,000
17-01	DHW other authorized agencies	Test Kits and Test Supplies	Competition	See Policy Directive	Other State Agencies with a similar need, applicable federal requirements and a single available supplier, may apply in writing to the Administrator for extension of this determination for the purchase of Test Kits, Test Supplies and related consumables.
18-01	All agencies	Preventative maintenance and repair of scientific equipment, when the services are only available from a single supplier	Competition	Services available from a single supplier - Maintain proper documentation with the acquisition file - Legal counsel review prior to signing a contract - Accounting may be requested by DOP	None
19-01	All agencies	Instructors for Certified Public Manager (CPM) Program	Competition	Agency must follow procedures enumerated in Policy Directive	None
19-02	ISP	Software applications, licenses, maintenance and support agreements for and related to OpenFox Message Switch supplied by Computer Projects of Illinois, Inc. (CPI) acquired by the Idaho State Police (ISP).	Competition	See Policy Directive	None
19-03	ITD	American Association of State Highway and Transportation Officials (AASHTO) software, licensing, maintenance and support services, analytics modules, training and software development.	Competition	See Policy Directive	None
19-04	DEQ	Wood Stove Change-Out Program	Competition	See Policy Directive	None
19-05	All Agencies	Collection of trash, recycling, and other waste (not including hazardous waste) at state facilities	Competition	See Policy Directive	None
19-06	COMMERCE	Social media influencers and content creators to be used for marketing/promoting tourism in Idaho	Competition	See Policy Directive	None
19-07	All Agencies	The purchase of temporary staffing services from a rehabiliation agency	Utilization of Open Contracts	See Policy Directive	None
20-01	All Agencies	Expenses associated with Agency participation in trade shows or other events at which the Agency is promoting the state	Competition	See Policy Directive	None
20-02	All Agencies	Repair services for non-licensed heavy equipment (e.g. Class 8 trucks, construction equipment, heavy-duty mowing equipment, etc.), when the ability of a vendor to provide a quote for services requires significant labor (e.g. disassembling the equipment).	Competition	See Policy Directive	Agency staff must obtain approval from appropriate central purchasing authority within the Agency.
20-03	ISLD and ISHS	Property acquired for direct resale, which is unique or otherwise impractical to compete, as detailed within this directive	Competition	See Policy Directive	None
21-01	All Agencies	Access to the exchange for the posting and retrieval of medical client confidential electronic health information provided by the Idaho Health Data Exchange (IHDE)	Competition	See Policy Directive	None
21-02	All Agencies	The acquisition of executive coaching services where the success of the engagement relies on developing a relationship of personal trust	Competition	See Policy Directive	None