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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:

Terms and Conditions

Policy Directives

Policy Directive NumberFor Use ByProperty ExemptedExemption FromRestrictions/Requirements for UseSpecial Permission Required
10-02Universities and CollegesScientific equipment as detailedCompetition- 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
11-01State Appellate Public Defender for Self-Governing AgenciesLegal and professional servicesCompetition- Must relate to client representation
- Not otherwise exempt as a small purchase
None
11-02ISP and other applicable agenciesProperty for use in undercover investigationsUtilization 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
11-03Public Health AgenciesPharmaceutical Products/VaccinesCompetitionOnly when purchased from CDC contractsNone
11-04All agencies1. 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**
1. Ads must be placed directly with media sources (does not apply to use of third party vendors to place ads)
2. Exemption applies only if publications are distributed primarily by the publisher or are purchased from a distributor as part of a unique offering
3. 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.
11-05All agenciesEmergency purchasesCompetition- 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
11-06Educational institutionsProperty purchased utilizing educational discountCompetition- 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.
11-07Endowment Fund Investment BoardFiduciary ServicesCompetitionSpecific services include: auditors, consultants, custodians, actuaries, and investment managersNone
11-09Juvenile Corrections1. Medical and related services
2. Residential care/treatment facilities
3. Reintigration/ transition services
4. Other specialized services
CompetitionExemption limited to specified services (see full Policy Directive)None
11-10State entities within Department of Self-Governing AgenciesLegal ServicesCompetitionApplies to purchases not otherwise exempt as small purchasesPermission from Administrator required
11-11All agenciesEmployee education, training, and training-related travel expensesCompetition- Training must be infrequent for policy directive to apply
- Limited to expenses under $100,000
None
13-01Department of CorrectionsTransitional Housing ServicesCompetition- Applies to lodging and living expenses related to transitioning offenders into the community
- Must be in accordance with IDOC Standard Operating Procedures
None
13-02Department of CorrectionsOffender Medical InsuranceCompetitionApplies to insurance covering offenders travelling to/from job sites or engaged in community work projectsNone
13-03Department of Health & Welfare; Division of Veterans Services; other agencies may apply to utilize this PD1. 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
CompetitionSee Policy DirectiveNone
13-04All agenciesSpecialized legal services; litigation consultants; professional case reviewers; administrative hearing officers; and expert witnessesCompetition- 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
13-05Federal Surplus ProgramFreight servicesCompetition- Applies to inbound freight for property acquired by FSP
- FSP must solicit if time permits
None
15-01All agenciesYouth seasonal work and job trainingCompetition- 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
15-02All agenciesMembership in national or other associations or partnershipsCompetitionLimited to $50,000 without additional permissionPermission required if annual spend exceeds $50,000
15-03All agenciesProperty 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
15-04Department of CorrectionsExtradition servicesCompetition- Applies to services to return parole violators and dual commitment offenders to Idaho
- IDOC must seek informal quotes as time allows
None
16-01Vocational Rehabilitation1. 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
16-02Idaho State Department of AgricultureInspectorsCompetition- 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
16-03Universities and CollegesInstructional Services and related facility useCompetition- 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
16-04ISP and other authorized agenciesInvestigative Case Support and/or AnalysisCompetition- 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
18-01All agenciesPreventative maintenance and repair of scientific equipment, when the services are only available from a single supplierCompetition- 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
19-01All agenciesInstructors for Certified Public Manager (CPM) ProgramCompetitionAgency must follow procedures enumerated in Policy DirectiveNone
19-02ISPSoftware 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).CompetitionSee Policy DirectiveNone
19-03ITDAmerican Association of State Highway and Transportation Officials (AASHTO) software, licensing, maintenance and support services, analytics modules, training and software development.CompetitionSee Policy DirectiveNone
19-04DEQWood Stove Change-Out ProgramCompetitionSee Policy DirectiveNone
19-05All AgenciesCollection of trash, recycling, and other waste (not including hazardous waste) at state facilitiesCompetitionSee Policy DirectiveNone
19-06All AgenciesSocial media influencers and content creators to be used for marketing/promoting tourism in IdahoCompetitionSee Policy DirectiveNone
19-07All AgenciesThe purchase of temporary staffing services from a rehabiliation agencyUtilization of Open ContractsSee Policy DirectiveNone
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