Governing Laws and Policies – State Division of Purchasing

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.

Other

Policy Directives

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 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.
11-05	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 Opperating 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 wihtout 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
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

Exempt Entities

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

The Group Insurance Director 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.

Terms and Conditions

Solicitation Instructions to Vendors
JANUARY-2017
Detailed instructions on submitting your bid.
Applicable to Solicitations issued ON OR AFTER January 1, 2017
Standard Contract Terms and Conditions
JANUARY-2017
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
Standard Terms and Conditions for Cloud Services Instructions
January-2019
standard T&Cs related to Cloud Services
Standard Terms and Conditions for OnPrem Software
Standard Terms and Conditions for OnPrem Software and related services Instructions
January-2019
standard T&Cs related to OnPrem Software and Related Services
Telecommunication Services Special Terms and Conditions
JUNE-2015
special T&Cs for telecommunication purchases
Special Banking Solicitation Instructions to Vendors and Contract Terms and Conditions
JANUARY-2015
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)