reglab/housing_qa huggingface dataset:
ID Code § 67-9211 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9211 - MULTIPLE AWARDS.

67-9211. MULTIPLE AWARDS. (1) Notwithstanding any provision of this chapter to the contrary, the administrator may make an award of a contract to two (2) or more bidders to furnish the same or similar property when more than one (1) contractor is necessary: (a) To furnish the types of property and quantities required by state agencies; (b) To provide expeditious and cost-efficient acquisition of property for state agencies; or (c) To enable state agencies to acquire property that is compatible with property previously acquired. (2) No award of a contract to multiple bidders shall be made under this section unless the administrator makes a written determination showing that multiple awards satisfy one (1) or more of the criteria set forth in this section. (3) When a contract for property has been awarded to two (2) or more bidders in accordance with this section, a state agency shall make purchases from the contractor whose terms and conditions regarding price, availability, support services and delivery are most advantageous to the agency. (4) A multiple award of a contract for property under this section shall not be made when a single bidder can reasonably serve the acquisition needs of state agencies. A multiple award of a contract shall only be made to the number of bidders necessary to serve the acquisition needs of state agencies.  History: [67-9211, added 2016, ch. 289, sec. 4, p. 796.]
ID Code § 67-9212 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9212 - CONTRACTS SHALL BE IN WRITING.

67-9212. CONTRACTS SHALL BE IN WRITING. Every contract made by the administrator on behalf of the state shall be in writing and shall be signed manually or electronically by the contracting parties. Every contract shall be filed in the office of the administrator, together with all bids, specifications and other documents and records associated with the acquisition or intended acquisition.  History: [67-9212, added 2016, ch. 289, sec. 4, p. 797.]
ID Code § 67-9214 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9214 - ACCEPTANCE OF PROPERTY.

67-9214. ACCEPTANCE OF PROPERTY. No property to be acquired by an agency shall be accepted by the agency unless the property meets the specifications set forth in the solicitation or contract.  History: [67-9214, added 2016, ch. 289, sec. 4, p. 797.]
ID Code § 67-9215 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9215 - PRESERVATION AND DISCLOSURE OF RECORDS — EXCEPTION.

67-9215. PRESERVATION AND DISCLOSURE OF RECORDS — EXCEPTION. (1) The administrator shall preserve all records relating to solicitations in the administrator’s office, and information with respect thereto, in such form as the administrator shall prescribe by rule, for a period of three (3) years after the date of final action, or for a period of time as may be prescribed by a record retention guideline schedule approved by the director. Records preserved under the provisions of this section shall be subject to disclosure according to chapter 1, title 74, Idaho Code. (2) If a solicitation is canceled prior to award of a contract, the administrator shall immediately return all bids to the submitting vendors or delete bids that were received electronically. Bids returned or deleted pursuant to this subsection shall not be subject to disclosure under chapter 1, title 74, Idaho Code.  History: [67-9215, added 2016, ch. 289, sec. 4, p. 797.]
ID Code § 67-9216 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9216 - OPEN CONTRACTS.

67-9216. OPEN CONTRACTS. (1) If property is available on an open contract, then all agencies seeking to procure such property must do so from the open contract. Provided however, that the administrator may grant an exemption to a requesting agency if the administrator determines that an exemption would be in the best interest of the state. (2) A request for an exemption shall be made in writing and explain why the exemption would be in the best interest of the state. (3) The administrator’s determination to grant an exemption shall be made in writing and explain the justification for the exemption. (4) The administrator shall make an annual report to the legislature on the first day of the regular session, which report shall detail: (a) The exemptions requested during the previous year; (b) Whether the exemptions were granted or denied; and (c) The reason each exemption was granted or denied.  History: [67-9216, added 2016, ch. 289, sec. 4, p. 797.]
ID Code § 67-9217 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9217 - DISQUALIFICATION OF VENDORS.

67-9217. DISQUALIFICATION OF VENDORS. (1) A disqualified vendor may not submit a bid. (2) A vendor may be disqualified by the administrator for any of the following reasons: (a) Failure to perform according to the terms of any contract; (b) Attempts by whatever means to cause specifications to be drawn so as to favor a specific vendor; (c) Use of the provisions of this chapter to obstruct or unreasonably delay acquisitions by the state; (d) Perjury in a vendor disqualification hearing; (e) Knowingly violate the provisions of this chapter; or (f) Debarment, suspension or ineligibility from federal contracting of the vendor, its principals or its affiliates. (3) A vendor shall be notified by registered mail within ten (10) days of the vendor’s disqualification by the administrator. The vendor may, within thirty (30) days of the receipt of such notice, request a hearing, which shall be held in accordance with chapter 52, title 67, Idaho Code. (4) In lieu of disqualification, the determinations officer at a hearing conducted pursuant to subsection (3) of this section may recommend to the director specific conditions to the vendor’s continued participation in acquisitions by the state. (5) Disqualification or conditions may be imposed for a period of not less than six (6) months or not more than five (5) years. (6) For purposes of this section, "obstruction" means a lack of success in more than fifty percent (50%) of the specification challenges made in each of three (3) different acquisitions during any twenty-four (24) month period.  History: [67-9217, added 2016, ch. 289, sec. 4, p. 798.]
ID Code § 67-9218 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9218 - PAYMENT OF CONTRACTORS.

67-9218. PAYMENT OF CONTRACTORS. (1) Within ten (10) days after the property acquired is delivered as called for by the specifications, the acquiring agency shall complete all processing required of that agency to permit the contractor to be paid according to the terms of the contract. (2) Within ten (10) days of receipt of the documents necessary to permit payment of the contractor according to the terms of the contract, the state controller shall cause a warrant to be issued in favor of the contractor and delivered. (3) Contracts let or entered into by or through the division of purchasing are exempt from the provisions of section 67-2302, Idaho Code; provided however, that late contract payments may be assessed interest by the contractor at the rate set forth in section 63-3045, Idaho Code, unless another rate is established by the contract.  History: [67-9218, added 2016, ch. 289, sec. 4, p. 798.]
ID Code § 67-9219 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9219 - CONTRACT OVERSIGHT.

67-9219. CONTRACT OVERSIGHT. (1) Subject to approval of the director, the administrator shall formulate rules that establish policies and procedures relating to the administration, management, monitoring and oversight of contracts entered by an agency. (2) Any officer, institution or entity that is excluded from the definition of "agency" under section 67-9203, Idaho Code, but that may enter contracts obligating the state, shall establish policies and procedures relating to the administration, management, monitoring and other oversight of such contracts. (3) Policies and procedures established pursuant to subsection (1) or (2) of this section shall define the roles and responsibilities of those persons assigned to administer, manage, monitor or otherwise oversee state contracts. (4) Each officer, agency, institution or entity that may enter contracts obligating the state, regardless of whether such officer, agency, institution or entity is included in the definition of "agency" under section 67-9203, Idaho Code, shall make an annual report to the legislature on all qualifying contracts entered into by the officer, agency, institution or entity during the previous year. The report shall be made on the first day of the regular legislative session and shall include the following information for each contract: (a) The amount; (b) The duration; (c) The parties; and (d) The subject. (5) For purposes of this section, a qualifying contract is one entered into with a state institution of higher education pursuant to section 67-2332A, Idaho Code, or one valued at more than one million five hundred thousand dollars ($1,500,000) over the duration of the contract and that is: (a) Awarded as a result of a sole source or other noncompetitive procurement pursuant to section 67-9221, Idaho Code; (b) A multiyear contract; or (c) Part of a multiple award.  History: [67-9219, added 2016, ch. 289, sec. 4, p. 798; am. 2021, ch. 71, sec. 2, p. 253.]
ID Code § 67-9220 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9220 - INVENTORIES.

67-9220. INVENTORIES. Every agency shall submit to the administrator, at such times as the administrator may require, a written statement containing full information as to all property then in the agency’s possession and the estimated requirements of the agency for such period as the administrator may designate. Further, the administrator may, at any time, inspect or cause to be inspected and inventoried all such property in any agency, and it shall be the duty of each officer and employee thereof to assist and furnish to the administrator full information for purposes of such examination or investigation.  History: [67-9220, added 2016, ch. 289, sec. 4, p. 799.]
ID Code § 67-9221 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9221 - NONCOMPETITIVE AND EMERGENCY PROCUREMENTS.

67-9221. NONCOMPETITIVE AND EMERGENCY PROCUREMENTS. (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. (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.  History: [67-9221, added 2016, ch. 289, sec. 4, p. 799; am. 2021, ch. 71, sec. 3, p. 253.]
ID Code § 67-9222 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9222 - NONOWNED PROPERTY.

67-9222. NONOWNED PROPERTY. (1) Bids submitted for the acquisition of any property, the terms of payment for which are other than those of a procurement with attendant passage of title, shall be prepared on a basis that will allow the state full unlimited use, except for those periods required by the owner of such property for normal maintenance, without incurring additional costs to the state beyond those included in the bid price submitted. (2) Any exercise by the state of an option to acquire previously nonowned property, or any other procedure that shall serve to pass title to the state where no passage of title existed before, shall be deemed to be a new acquisition and, prior to execution, all applicable provisions and procedures of this chapter shall be exercised.  History: [67-9222, added 2016, ch. 289, sec. 4, p. 799.]
ID Code § 67-9223 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9223 - EXCHANGE OF STATE PROPERTY.

67-9223. EXCHANGE OF STATE PROPERTY. (1) Whenever an agency owns property no longer economical to use, the administrator may dispose of such property by exchanging the same in part payment for new property, as provided for in this section. The administrator shall include in the solicitation a full description of the property to be exchanged as part payment and shall permit vendors to examine the same. The contract shall be awarded on the basis of net cost to the state after allowance for the property to be exchanged in part payment. In addition, the administrator may permit an exchange of property in part payment for new property acquisitions from contracts for the same or similar property. (2) Exchange of property pursuant to this section will be permitted only when it is determined by the administrator that all other methods of disposal of the property sought to be exchanged will yield less value to the state.  History: [67-9223, added 2016, ch. 289, sec. 4, p. 800.]
ID Code § 67-9224 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9224 - COOPERATIVE AND GROUP DISCOUNT PURCHASING.

67-9224. COOPERATIVE AND GROUP DISCOUNT PURCHASING. (1) The administrator may authorize an agency to: (a) Become a participating member of a group discount purchasing organization;  (b) Participate in, sponsor, conduct or administer a cooperative purchasing agreement for property with one (1) or more public agencies, independent of the requirements of section 67-2329, Idaho Code; or (c) Utilize contracts of other public agencies within this state upon determining that the contract was let in a manner that constitutes competitive bidding consistent with the requirements of this chapter and is otherwise in the best interest of the state. (2) The state’s participation in a cooperative purchase or group discount purchasing organization must be formalized by a written agreement. (3) The state’s entrance fee or participation fee in a group discount purchasing organization must be based on criteria applied to all other members of the organization. (4) Any agreement entered into pursuant to subsection (2) of this section shall be maintained on file with the division as well as with the agency entering into the agreement.  History: [67-9224, added 2016, ch. 289, sec. 4, p. 800; am. 2017, ch. 188, sec. 1, p. 426.]
ID Code § 67-9225 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9225 - PROCUREMENT BY STATE INSTITUTIONS OF HIGHER EDUCATION.

67-9225. PROCUREMENT BY STATE INSTITUTIONS OF HIGHER EDUCATION. (1) A state institution of higher education may establish policies and procedures for procuring property that shall be substantially consistent with the requirements for procuring property as set forth in this chapter and that shall be approved by the state board of education. When the state board of education has approved such policies and procedures for a state institution of higher education, the institution shall not be subject to the provisions of this chapter, except as provided in subsection (2) of this section. (2) When the state enters into an open contract, a state institution of higher education must use the open contract, or the institution may procure property from a vendor that is not party to the open contract if the cost to the institution would be equal to or less than the price of the property under the open contract.  History: [67-9225, added 2016, ch. 289, sec. 4, p. 800; am. 2017, ch. 187, sec. 1, p. 425.]
ID Code § 67-9226 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9226 - DISCOUNTS.

67-9226. DISCOUNTS. (1) Whenever an employee of an agency is charged with the responsibility of procuring property for and on behalf of the state, the employee shall, if possible, negotiate discounts normally given in the ordinary course of business including, but not limited to, discounts for prompt payment and discounts for bulk acquisitions.  (2) It shall be the duty of the administrator to prescribe by rule the manner by which to obtain discounts.  History: [67-9226, added 2016, ch. 289, sec. 4, p. 800.]
ID Code § 67-9227 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9227 - CONTRACTS WITH FEDERAL GOVERNMENT EXEMPT FROM CERTAIN PROVISIONS.

67-9227. CONTRACTS WITH FEDERAL GOVERNMENT EXEMPT FROM CERTAIN PROVISIONS. The administrator, on behalf of any agency, and the comparable purchasing officers of the several political subdivisions, municipal corporations and public agencies of the state on behalf of such political subdivisions, municipal corporations and public agencies, within the limits of available appropriations and requisitions made for acquisition thereof, may enter into any contract with the United States of America, or with any agency thereof, or with any agency established for disposition or distribution of surplus federal properties within this state, for the acquisition of any property, real or personal, without regard to provisions of law that require: (1) The posting of notices; (2) Public advertising; (3) Inviting or receiving competitive bids; or (4) Delivery of property acquired before payment in any case in which delivery may be constructively accomplished without manual possession.  History: [67-9227, added 2016, ch. 289, sec. 4, p. 801.]
ID Code § 67-9228 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9228 - ACQUISITION OF PROPERTY — GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SCHEDULE CONTRACTS.

67-9228. ACQUISITION OF PROPERTY — GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SCHEDULE CONTRACTS. Notwithstanding any provision in this chapter to the contrary, the administrator may, instead of soliciting bids, contract for property at a price equal to or less than the contractor’s current federal supply contract price for sales to the general services administration of the United States without the use of competitive bids, so long as the contractor has indicated a willingness in writing to extend such contractor pricing, terms and conditions to the administrator, and the administrator considers the price to be advantageous to the state.  History: [67-9228, added 2016, ch. 289, sec. 4, p. 801.]
ID Code § 67-9229 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9229 - APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

67-9229. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. (1) All rules of the division of purchasing shall be adopted in accordance with the provisions of chapter 52, title 67, Idaho Code. Only appeals conducted as contested cases pursuant to section 67-9232(3)(a)(iii), Idaho Code, shall be subject to the judicial review provisions of chapter 52, title 67, Idaho Code. This section shall not impair any contract right or contract remedy that may exist between the state and a properly licensed contractor or vendor. (2) A determinations officer appointed by the director pursuant to the provisions of this chapter may subpoena witnesses and evidence and administer oaths. (3) In the event that a determinations officer is appointed pursuant to the provisions of section 67-9232, Idaho Code, any vendor who has submitted a bid in the process under review shall, notwithstanding any other disability, have standing to intervene in the proceeding as a party, and such intervenor may participate in the purchase appeal or appeal from any final order entered in a contested case conducted under section 67-9232(3)(a)(iii), Idaho Code.  History: [67-9229, added 2016, ch. 289, sec. 4, p. 801.]
ID Code § 67-9230 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 92 - STATE PROCUREMENT ACT|Section 67-9230 - PROHIBITIONS.

67-9230. PROHIBITIONS. (1) No contract or any interest therein shall be transferred by the contractor to whom such contract is given to any other party without approval in writing by the administrator and by the board of examiners pursuant to section 67-1027, Idaho Code. Transfer of a contract without approval shall cause the annulment of the contract so transferred, at the option of the state. All rights of action, however, for any breach of such contract by the contracting parties are reserved to the state.  (2) No member of the legislature or any officer or employee of any branch of the state government shall directly, himself, or by any other person in trust for him or for his use or benefit or on his account, undertake, execute, hold or enjoy, in whole or in part, any contract made or entered into by or on behalf of the state of Idaho, if made by, through, or on behalf of the department in which he is an officer or employee; or if made by, through or on behalf of any other department unless the same is made after competitive bids. (3) Except as provided in this chapter, no officer or employee shall influence or attempt to influence the award of a contract to a particular vendor, or to deprive or attempt to deprive any vendor of a contract. (4) No officer or employee shall conspire with a vendor or its agent, and no vendor or its agent shall conspire with an officer or employee, to influence or attempt to influence the award of a contract, or to deprive or attempt to deprive a vendor of a contract. (5) No officer or employee shall fail to use an open contract except as provided in this chapter.  (6) No officer or employee shall accept property knowing that the property does not meet specifications or other acceptance criteria set forth in the contract. (7) Deprivation, influence or attempts thereat shall not include written reports, based upon substantial evidence, sent to the administrator concerning matters relating to the responsibility of vendors. (8) No vendor or related party, or subsidiary, or affiliate of a vendor, may submit a bid to obtain a contract to provide property to the state, if the vendor or related party, or affiliate or subsidiary was paid for services used in preparing the specifications or if the services influenced the procurement process.  History: [67-9230, added 2016, ch. 289, sec. 4, p. 801.]