Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.05.01 - RULES OF THE DIVISION OF PURCHASING › Subchapter A - GENERAL PROVISIONS › Section 38.05.01.011 - DEFINITIONS

Current through August 31, 2023
Unless defined otherwise in these rules, the definitions set
				  forth in Section
				  67-9203, Idaho Code, apply to this
				  chapter. (4-6-23)
01.
Alternate
. Property or services that are not at least a functional
				equal in features, performance or use of the brand, model or specification
				designated as the standard. (4-6-23)
02.
Brand Name or Equal
				Specification
. A specification that uses a brand name to describe the
				standard of quality, performance or other characteristics being solicited and
				that invites the submission of equivalent property. (4-6-23)
03.
Brand Name Specification
. A
				specification calling for property by manufacturers' names or catalogue
				numbers. (4-6-23)
04.
Buyer
. An employee of the division of purchasing designated as a
				buyer, contract-administrator, purchasing agent, contracting officer, or
				similar designation by the administrator, including, where appropriate, the
				administrator and other management personnel. The term also includes authorized
				employee(s) of a purchasing authority. (4-6-23)
05.
Competitive Negotiation
.
				Procedure by which the buyer negotiates with one (1) or more responsive
				offerors in accordance with the provisions of an invitation to negotiate.
				(4-6-23)
06.
Consultant
				Services
. Work, rendered by either individuals or firms who possess
				specialized knowledge, experience, and expertise to investigate assigned
				problems or projects and to provide counsel, review, design, development,
				analysis or advice in formulating or implementing programs or services or
				improvements in programs or services, including such areas as management,
				personnel, finance, accounting and planning. The consultant's services,
				opinions or recommendations will be performed according to the consultant's
				methods without being subject to the control of the agency except as to the
				result of the work. (4-6-23)
07.
Contract Administration
. Actions taken related to changes to
				contracts, including amendments, renewals, and extensions; receipt, review and
				retaining of the contract and contract-related documents; and exercise of
				remedies. (4-6-23)
08.
Contract Management
. Actions taken to ensure that both the agency and
				contractor comply with the requirements of the contract. Includes regular
				monitoring of the contractor's performance, evaluation of deliverables, invoice
				review, payment approval, progress tracking, regular status meetings, and
				management of state-owned property and other resources used in contract
				performance management. (4-6-23)
09.
Division
. The division of
				purchasing of the department of administration as established by Section
				67-9204, Idaho Code.
				(4-6-23)
10.
Document
.
				When used in these rules, may include electronic documents. (4-6-23)
11.
E-procurement
. Use of the
				division's electronic procurement system. (4-6-23)
12.
Equal
. Property that meets
				or exceeds the quality, performance and use of the brand, model or
				specifications in the informal or formal solicitation. (4-6-23)
13.
Formal Sealed Procedure
.
				Procedure by which the buyer solicits sealed bids or competitive sealed
				proposals by means of a formal solicitation. (4-6-23)
14.
Formal Solicitation
. An
				invitation to bid, request for proposal, or invitation to negotiate.
				(4-6-23)
15.
Informal
				Solicitation
. Procedure by which the buyer solicits informal competitive
				quotes by means of a request for quote. (4-6-23)
16.
Invitation to Bid or ITB
.
				All documents, whether attached or incorporated by reference, utilized for
				soliciting sealed bids. (4-6-23)
17.
Invitation to Negotiate or
				ITN
. All documents, whether attached or incorporated by reference,
				utilized for soliciting proposals for a competitive negotiation.
				(4-6-23)
18.
Offeror
.
				A vendor who has submitted a response to a request for proposals or invitation
				to negotiate for property to be acquired by the state. (4-6-23)
19.
Professional Services
. Work
				rendered by a contractor whose occupation is the rendering of such services and
				who has a professional knowledge of some department of learning or science used
				by its practical application to the affairs of others or in the practice of an
				art founded on it, including but not limited to accounting and auditing, legal,
				medical, nursing, education, actuarial, veterinarian, information technology
				and research. The knowledge is founded upon extensive and specialized
				intellectual training that enables a particular service to be rendered. The
				word "professional" implies professed attainments in special knowledge as
				distinguished from mere skills. (4-6-23)
20.
Proposal
. A written response
				including pricing information to a request for proposals that describes the
				solution or means of providing the property requested and which proposal is
				considered an offer to perform a contract in full response to the request for
				proposals. (4-6-23)
21.
Purchase
. The act of acquiring or procuring property for state use
				or the result of an acquisition. (4-6-23)
22.
Purchase Order
. Notification
				to the contractor to provide the stated property under the terms and conditions
				set forth in the purchase order. It may include the form of the state's
				acceptance of a vendor's quote, proposal or bid. See also definition of
				contract. (4-6-23)
23.
Purchasing Authority
. The division or an agency exercising
				authority based on a delegation of authority by the administrator to an
				individual or an agency; or as otherwise provided under these rules to engage
				in the conduct of purchasing. (4-6-23)
24.
Quote
. An offer to supply
				property in response to a request for quote and generally used for informal
				solicitation procedures. (4-6-23)
25.
Request for Proposals or
				RFP
. Includes all documents, whether attached or incorporated by
				reference, utilized for soliciting competitive proposals as a component of the
				formal sealed procedure and is generally utilized in the acquisition of
				services or other complex purchases. (4-6-23)
26.
Request for Quote
. The
				document, form or method generally used for purchases solicited in accordance
				with informal solicitation procedures. (4-6-23)
27.
Requisition
. A standard
				state or agency specific form that serves as a purchasing request and that
				requests that the purchasing authority acquire the property. (4-6-23)
28.
Sealed
. A bid or proposal
				physically or electronically sealed and submitted in accordance with
				requirements of a formal solicitation. (4-6-23)
29.
Sealed Procedure Limit
. That
				dollar amount, as established by these rules, above which the formal sealed
				procedure will be used. The amount may be lowered by the administrator to
				maintain full disclosure or competitive purchasing or otherwise achieve overall
				state efficiency and economy. (4-6-23)
30.
Small Purchase
. An
				acquisition that costs less than the sealed procedure limit. (4-6-23)
31.
Signature
. A manual
				signature or an electronic signature, as defined in Section
				28-50-102, Idaho Code, of an
				individual authorized to bind a person or entity. (4-6-23)
32.
State
. The state of Idaho
				including each agency unless the context implies other states of the United
				States. (4-6-23)
33.
Telecommunications
. All present and future forms of hardware,
				software or services used or required for transmitting voice, data, video or
				images. (4-6-23)
34.
Total
				Cost
. The acquisition cost of property, including all components,
				options, and add-ons available under the contract, related services, and, in
				the case of ongoing services, the cost of the full term of the contract,
				including all authorized renewals. Unless a different total term is provided in
				the contract, the term used for purposes of total cost is five (5) years.
				(4-6-23)
35.
Written
.
				When used in these rules, may include an electronic writing and communication.
				(4-6-23)