Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.05.01 - RULES OF THE DIVISION OF PURCHASING › Subchapter B - RULES GOVERNING PURCHASING › Section 38.05.01.042 - EXCEPTIONS TO COMPETITION REQUIRING ADMINISTRATOR APPROVAL

Current through August 31, 2023
The administrator may exempt the following purchases from the
				  requirement for competitive solicitation by issuing a written determination to
				  the purchasing authority. (4-6-23)
01.
Emergency Purchases
. An emergency purchase is a purchase required
				to address an emergency condition, which is a situation that creates a threat
				to public health, welfare, or safety, such as may arise from floods, epidemics,
				riots, equipment failure, or similar circumstances. The existence of such
				condition must create an immediate and serious need for property that cannot be
				met through normal acquisition methods. The buyer must send a written
				explanation stating the emergency condition and the basis for the supplier
				selection, if applicable, to the administrator for review and written approval
				that the purchase be undertaken as an emergency purchase. Emergency purchases
				are limited to only that property required to address the emergency. The
				director or administrator may delegate authority in writing to an agency or
				purchasing authority to make emergency purchases and may impose conditions in
				the delegation. (4-6-23)
02.
Sole Source Purchases
. Sole source purchases are authorized only
				if the required property is reasonably available from a single supplier. A
				requirement for a proprietary property does not justify a sole source purchase
				if there is more than one (1) potential supplier that can provide the required
				property. In cases of reasonable doubt, competition should be solicited. The
				buyer must send a written request to the administrator justifying the purchase
				and the basis to conclude that no other supplier is reasonably available. Sole
				source purchases require written approval of the administrator. The
				administrator may condition an approval. (4-6-23)
03.
Rehabilitation Agency
				Acquisitions
. Acquisitions of property that is provided by non-profit
				corporations and public agencies operating rehabilitation facilities serving
				the handicapped and disadvantaged and that is offered for sale at fair market
				price as determined by the administrator in accordance with these rules. The
				buyer must submit a written request to the administrator to purchase from a
				rehabilitation agency and a written approval from the administrator. The
				purchase must comply with the division's policy for rehabilitation agency
				acquisitions. (4-6-23)
04.
Purchases from General Services Administration Federal Supply
				Contractors
. Acquisitions of property may be made from General Services
				Administration federal supply contractors without the use of competitive bid
				upon written approval of the administrator. The administrator shall determine
				whether the price and terms and conditions of acquisition is advantageous to
				the state. The administrator shall commemorate the determination in a written
				statement that shall be incorporated in the applicable file. (4-6-23)
05.
Exempt Purchases
. The
				administrator may, by written policy, exempt from the formal sealed procedure
				or the requirement for competitive solicitation that property for which bidding
				is impractical, disadvantageous or unreasonable under the circumstances.
				(4-6-23)
a. Examples include: (4-6-23)
i. Special market conditions;
				(4-6-23)
ii. Property requiring
				special contracting procedures due to uniqueness; (4-6-23)
iii. Legal advertising, publication or
				placement of advertisements by state agency personnel directly with media
				sources; (4-6-23)
iv. Property for
				which competitive solicitation procedures are impractical; (4-6-23)
v. Used property; (4-6-23)
vi. Ongoing maintenance, upgrades, support or
				additional licenses for software or other information technology solutions,
				including a change in the manner of solution delivery; which software or
				solution was originally acquired in compliance with the purchasing laws in
				effect at the time of acquisition; or (4-6-23)
vii. Acquisition of property for direct
				resale. (4-6-23)