reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.08 - RULES GOVERNING USE OF IDAHO STATE CAPITOL › Section 38.04.08.401 - APPROVALS AND DENIALS OF A PERMIT APPLICATION

Current through August 31, 2023
01.
Period for Approval or Denial
. The Department will approve or deny
			 a complete application within two (2) State Business Days of the submission of
			 the application. (4-6-23)
02.
Basis for Denial
. Permits may be denied for one (1) or more of the
			 following: (4-6-23)
a. A Permit has been
			 granted for all or part of the requested location during all or part of the
			 requested time period. (4-6-23)
b.
			 A public entity or official will be using all or part of the requested location
			 during all or part of the requested time period. (4-6-23)
c. The requested use would violate any
			 provision of these rules or applicable law. (4-6-23)
d. These rules do not authorize the use for
			 the location or times requested or do not authorize the issuance of a Permit
			 for the location requested. (4-6-23)
e. The Permit application is incomplete,
			 contains a material falsehood, or contains a material misrepresentation.
			 (4-6-23)
f. The Permit applicant
			 has not certified that the applicant will comply with these rules or applicable
			 law. (4-6-23)
g. The party signing
			 the application is not legally competent to bind themselves or the organization
			 or entity submitting the application. (4-6-23)
h. The individual, organization or entity
			 submitting the application: (4-6-23)
i. Failed
			 to pay costs or damages arising from an earlier use of any state facility;
			 (4-6-23)
ii. Made a material
			 misrepresentation regarding the nature or scope of the use on a prior Permit
			 application; (4-6-23)
iii. Violated
			 the terms of prior Permits issued to the individual, organization or entity; or
			 (4-6-23)
iv. Violated any
			 applicable law in the course of previous Public Use of state of Idaho
			 facilities. (4-6-23)
i.
			 The requested use would cause a clear and present danger to the orderly
			 processes of state of Idaho government or to the use of the Idaho State Capitol
			 due to advocacy of: (4-6-23)
i. The violent
			 overthrow of the government of the United States, the state of Idaho, or any
			 political subdivision thereof; (4-6-23)
ii. The willful damage or destruction, or
			 seizure and subversion of public property; (4-6-23)
iii. The forcible disruption or impairment of
			 or interference with the regularly scheduled functions of the state of Idaho;
			 (4-6-23)
iv. The physical harm,
			 coercion, intimidation or other invasions of the lawful rights of public
			 officials or the public; or (4-6-23)
v. Other disorders of a violent nature.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.08 - RULES GOVERNING USE OF IDAHO STATE CAPITOL › Section 38.04.08.402 - REVOCATION OF A PERMIT

Current through August 31, 2023
A Permit may be revoked by the Director for the violation of
				any term or condition of the Permit or the violation of law including, but not
				limited to, the violation of any provision of these rules. (4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.08 - RULES GOVERNING USE OF IDAHO STATE CAPITOL › Section 38.04.08.403 - APPEALS

Current through August 31, 2023
01.
Time for Appeal
. The
			 individual or the organization or entity submitting an application may request
			 that the Department initiate a contested case within the period set forth
			 below. The Department will not initiate a contested case after the following
			 periods: (4-6-23)
a. Seven (7) State Business
			 Days following the written denial of an application for a Permit;
			 (4-6-23)
b. Seven (7) State
			 Business Days following the revocation of a Permit; and (4-6-23)
c. Seven (7) State Business Days following
			 the date the Department was required to approve or deny the application for a
			 Permit pursuant to Section
			 401 of these rules.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.04.08 - RULES GOVERNING USE OF IDAHO STATE CAPITOL › Section 38.04.08.500 - LIABILITY

Current through August 31, 2023
01.
State Liability
. Nothing in
			 these rules shall extend the liability of the state of Idaho beyond that
			 provided in the Idaho Tort Claims Act, chapter 9, title 6, Idaho Code.
			 (4-6-23)
02.
No
			 Endorsement
. The grant of a Permit and any action or inaction of the
			 Department does not imply endorsement or approval by the state of Idaho of the
			 actions, objectives or views of participants in Public Use of the Idaho State
			 Capitol. (4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.05.01 - RULES OF THE DIVISION OF PURCHASING › Subchapter A - GENERAL PROVISIONS › Section 38.05.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
The following rules are promulgated in accordance with
				  Section 67-9205(11),
				  Idaho Code, by the administrator of the division of purchasing. (4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.05.01 - RULES OF THE DIVISION OF PURCHASING › Subchapter A - GENERAL PROVISIONS › Section 38.05.01.001 - SCOPE

Current through August 31, 2023
These rules govern any other state agency acquiring property
				  under these rules or through delegated authority. These rules also govern the
				  contested case hearing process. (4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.05.01 - RULES OF THE DIVISION OF PURCHASING › Subchapter A - GENERAL PROVISIONS › Section 38.05.01.002 - CONSTRUCTION

Current through August 31, 2023
"Include," "Includes," and "Including" are terms of
				  enlargement and not of limitation or exclusive enumeration. Unless otherwise
				  specified in a rule, lists and examples are illustrative and not exhaustive.
				  (4-6-23)
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 38.05.01.012 - PRESERVATION OF RECORDS

Current through August 31, 2023
Records of a purchasing authority, which are created or held
				  pursuant to these rules, may be kept in such format as prescribed by the
				  purchasing authority responsible for record retention; and otherwise in
				  accordance with record preservation and retention policies established by the
				  agency designated by the legislature for such purpose. (4-6-23)
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 38.05.01.021 - DELEGATION OF AUTHORITY OF ADMINISTRATOR

Current through August 31, 2023
The division's purchases on behalf of another agency are as
				  the agent for such agency. The division administers the acquisition of all
				  property for agencies except those specifically exempted from the state
				  procurement act, title 67, chapter 92, Idaho Code. The administrator may
				  delegate in writing such authority to division employees, an agency or
				  employees of an agency. Such delegations remain in effect unless modified or
				  until revoked in writing. All delegations must be given in writing prior to the
				  acquisition of the property. Designees shall make purchases according to these
				  purchasing rules, the policies developed by the division, and the conditions
				  established by the administrator in the delegation. Delegations are subject to
				  periodic reporting and review as directed by the administrator. (4-6-23)
01.
Manner of Submission
.
				Request for delegated purchasing authority must be submitted in writing, on a
				form and in a manner established by the administrator. (4-6-23)
02.
Policy
. The administrator's
				delegated purchasing authority policy is applicable to all designees; and may
				place additional conditions on the agency or individual delegated authority.
				(4-6-23)
03.
Failure to
				Comply
. A designee's failure to comply with the policy, the conditions
				included in the written authorization provided by the administrator, or the
				instructions of the administrator regarding activities delegated pursuant to
				this rule may result in immediate rescission of delegated authority, increased
				monitoring, reduced authority level, additional training, or other action
				deemed appropriate by the administrator. (4-6-23)
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 38.05.01.034 - PUBLIC NOTICE

Current through August 31, 2023
Notice of informal and formal solicitations are posted
				  electronically unless the administrator exempts the acquisition from
				  e-procurement. Notice of sole source acquisitions are posted electronically,
				  and otherwise in accordance with Section
				  67-9221, Idaho Code.
				  (4-6-23)
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 38.05.01.041 - ACQUISITION PROCEDURES

Current through August 31, 2023
Except as otherwise provided in statute or these rules, the
				  acquisition of property shall be by competitive solicitation. Acquisition
				  requirements shall not be artificially divided to avoid bid statutes, rules, or
				  policies. The procedure followed for acquisitions shall be as follows:
				  (4-6-23)
01.
Small
				Purchases
. (4-6-23)
a. Acquisitions of
				the following property are small purchases: (4-6-23)
i. Services with a total cost less than
				twenty-five thousand dollars ($25,000) (4-6-23)
ii. Software, regardless of the delivery
				method (e.g. on-premise, cloud, software as a service, etc.), with a total cost
				less than fifteen thousand dollars ($15,000); (4-6-23)
iii. Property, excluding services, with a
				total cost less than fifteen thousand dollars ($15,000); (4-6-23)
iv. A mix of property including services and
				other property, with a total cost less than fifteen thousand dollars ($15,000).
				(4-6-23)
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 38.05.01.043 - EXCEPTIONS TO COMPETITION NOT REQUIRING APPROVAL

Current through August 31, 2023
Unless the administrator makes a written determination to the
				  contrary, property meeting the following criteria need not be purchased by
				  competitive solicitation. (4-6-23)
01.
Reverse Auction
. Purchases through reverse public auctions as
				authorized by Section
				67-9221, Idaho Code.
				(4-6-23)
02.
Federal
				Government Acquisitions
. Acquisitions from the United State of America
				or any agency thereof. (4-6-23)
03.
Public Agency Acquisitions
. Acquisitions from other public
				agencies as defined in Section
				67-2327, Idaho Code, and
				authorized by Section
				67-2332, Idaho Code.
				(4-6-23)
04.
Idaho
				Correctional Industries
. Purchases of property marketed directly by
				Idaho Correctional Industries in accordance with Section
				20-245, Idaho Code.
				(4-6-23)
05.
Open
				Contracts
. Except as provided in these rules or exempted by the
				administrator, property available under existing open contracts shall be
				purchased under such contracts in accordance with the provisions or
				requirements for use thereof. (4-6-23)
06.
Professional or Consultant
				Services
. The acquisition of professional or consultant services for
				one-time projects costing less than the sealed procedure limit and lasting less
				than one (1) year in duration. (4-6-23)
07.
Small Purchases
. The
				acquisition of property meeting the criteria in sub-section
				041.01 of these rules; provided,
				however, that acquisitions cannot be artificially divided to meet the small
				purchase criteria. (4-6-23)
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 38.05.01.051 - CONTENT OF FORMAL SOLICITATIONS

Current through August 31, 2023
The following shall be included in formal solicitations:
				  (4-6-23)
01.
Submission
				Information
. Information regarding the applicable closing date, time and
				location. (4-6-23)
02.
Specifications
. Specifications developed in accordance with
				Section 111 of these
				rules. For an ITN, specifications may be limited to those determined by the
				purchasing authority to be adequate to inform interested vendors of the desired
				outcome. (4-6-23)
03.
Contract Terms
. Terms and conditions applicable to the contract,
				subject to the provisions of Section
				112 of these rules.
				(4-6-23)
04.
Evaluation and
				Award Criteria
. Any evaluation criteria to be used to determine property
				acceptability and identification of the lowest responsive and responsible
				offer. For an ITN, also a summary of evaluation criteria to classify proposals
				and determine the competitive threshold for negotiations. (4-6-23)
05.
Trade-In Property
. If
				trade-in property is to be included, a description of the property and location
				where it may be inspected. (4-6-23)
06.
Incorporation by Reference
.
				A brief description of any documents incorporated by reference that specifies
				where such documents can be obtained. (4-6-23)
07.
Pre-Proposal or Pre-Bid
				Conference
. The date, time and location of the conference.
				(4-6-23)
08.
Process
.
				A description of the process for the formal solicitation. (4-6-23)
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 38.05.01.052 - CHANGES TO FORMAL SOLICITATIONS

Current through August 31, 2023
A formal solicitation may be changed by the buyer through
				  issuance of an amendment, provided the change is issued in writing prior to the
				  formal solicitation closing date and is made available to all vendors receiving
				  the original formal solicitation. Any material information given or provided to
				  a prospective vendor with regard to a formal solicitation shall be made
				  available in writing by the buyer to all vendors receiving the original formal
				  solicitation. Oral interpretations of specifications or contract terms and
				  conditions shall not be binding on the state unless confirmed in writing by the
				  buyer prior to the date of the closing. Changes to the formal solicitation
				  shall be identified as such and shall require that the vendor acknowledge
				  receipt of all amendments issued. The right is reserved to waive any
				  informality. (4-6-23)
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 38.05.01.061 - FORM OF SUBMISSION FOR FORMAL SOLICITATIONS

Current through August 31, 2023
01.
Manual Submissions
. Unless otherwise provided in these rules and
				in addition to any specific requirements set forth in the formal solicitation,
				bids or proposals submitted manually must be made on the form provided, which
				form must be properly completed and contain a signature to receive
				consideration. All changes or erasures on manual submissions shall be initialed
				in ink. Unsigned or improperly submitted bids or proposals will be rejected.
				The purchasing authority assumes no responsibility for failure of the United
				States Postal Service, any private or public delivery service, or any computer
				or other equipment to deliver all or a portion of the bid or proposal at the
				time or to the location required by the formal solicitation. (4-6-23)
02.
Electronic Submissions
.
				Unless otherwise provided in these rules and in addition to any specific
				requirements set forth in the formal solicitation, bids or proposals submitted
				electronically must be submitted in accordance with and meet all applicable
				requirements of these rules and contain a signature. Submission of a bid or
				proposal through e-procurement shall constitute a signature. The purchasing
				authority assumes no responsibility for failure of any electronic submission
				process, including any computer or other equipment to deliver all or a portion
				of the bid or proposal at the time or to the location required by the formal
				solicitation. (4-6-23)
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 38.05.01.070 - PRE-PROPOSAL CONFERENCE

Current through August 31, 2023
A pre-proposal conference for vendors must be conducted by
				  the purchasing authority for all RFPs and ITNs. The purchasing authority may
				  provide an opportunity for a verbal question and answer period, however, only
				  written questions and answers posted through e-procurement as an amendment to
				  the formal solicitation, have force or effect in the procurement.
				  (4-6-23)
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 38.05.01.071 - PRE-OPENING WITHDRAWAL OR MODIFICATION

Current through August 31, 2023
Bids or proposals submitted manually may be withdrawn or
				  modified prior to closing of the formal solicitation only as follows.
				  (4-6-23)
01. By written communication
				containing a signature. (4-6-23)
02. In person upon presentation of
				satisfactory evidence establishing the individual's authority to act on behalf
				of the submitting vendor. (4-6-23)
03. Any withdrawing or modifying
				communication, must clearly identify the formal solicitation and should be
				worded so as not to reveal the amount of the original bid or proposal.
				(4-6-23)
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 38.05.01.072 - LATE BIDS/PROPOSALS, LATE WITHDRAWALS AND LATE MODIFICATIONS

Current through August 31, 2023
Any bid or proposal, withdrawal, or modification received
				  after the time and date set for closing at the place designated in the formal
				  solicitation is late. No late bid or proposal, late modification or late
				  withdrawal will be considered. All late bids and proposals, will be returned to
				  the submitting vendor. Time of receipt will be determined by the official time
				  stamp or receipt mechanism located at the designated place for receipt of
				  responses. (4-6-23)
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 38.05.01.073 - RECEIPT, OPENING, AND RECORDING OF BIDS AND PROPOSALS

Current through August 31, 2023
Upon receipt, all bids, proposals, and modifications properly
				  marked and identified are time stamped, but not opened. They shall be stored in
				  a secure place until the time specified for opening. Time stamping and storage
				  may be through electronic means. Bids and proposals shall be opened publicly at
				  the date and time specified in the formal solicitation. Opening of proposals
				  shall identify only the names of the offerors unless otherwise stated in the
				  formal solicitation. Bid and proposal openings may be electronic virtual
				  openings. When no manual bids or proposals are received, retaining the
				  e-procurement audit record shall be opening in public view under section
				  67-9209, Idaho Code.
				  (4-6-23)
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 38.05.01.074 - MISTAKES

Current through August 31, 2023
The following procedures are established relative to claims
				  of a mistake. (4-6-23)
01.
Mistakes in Submission
. If a mistake is attributable to an error
				in judgment, the submission may not be corrected. Correction or withdrawal by
				reason of an inadvertent, nonjudgmental mistake is permissible, but at the
				discretion of the administrator and to the extent it is not contrary to the
				interest of the state or the fair treatment of other submitting vendors.
				(4-6-23)
02.
Mistakes
				Discovered Before Opening
. Mistakes discovered by a vendor prior to
				closing may be corrected by such vendor by submitting a timely modification or
				withdrawing the original submission and submitting a corrected submission to
				the purchasing authority before the closing. Vendors who discover a mistake
				after closing, but prior to opening, may withdraw the submission by a written
				notification containing a signature to the purchasing authority if such
				notification is received by the purchasing authority prior to opening.
				(4-6-23)
03.
Mistakes
				Discovered After Opening But Before Award
. This subsection sets forth
				procedures to be applied in three (3) situations described below in which
				mistakes are discovered after opening but before award. (4-6-23)
a. Minor Informalities. Minor informalities
				are matters of form rather than substance evident from the bid or proposal
				document, or insignificant mistakes that can be waived or corrected without
				prejudice to other submitting vendors, that is, the effect of the mistake on
				price, quantity, quality, delivery or contractual conditions is not
				significant. The buyer may waive such informalities. Examples include the
				failure of a submitting vendor to: (4-6-23)
i.
				Return the required number of signed submissions. (4-6-23)
ii. Provide a signature, but only if it is
				clear from the submission that the submitting vendor intended to be bound by
				its terms. (4-6-23)
iii.
				Acknowledge the receipt of an amendment, but only if: (4-6-23)
(1) It is clear from the submission that the
				submitting vendor received the amendment and intended to be bound by its terms;
				or (4-6-23)
(2) The amendment
				involved had a negligible effect on price, quantity, quality or delivery.
				(4-6-23)
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 38.05.01.081 - EVALUATION AND AWARD

Current through August 31, 2023
01.
General
. The contract is to be awarded to the lowest responsible
				and responsive bidder or offeror (or for requests for quotes, vendor submitting
				a quote). The formal or informal solicitation shall set forth the requirements
				and criteria that will be used to make the lowest responsive and responsible
				determination. (4-6-23)
02.
Qualification
. All vendors submitting responses to informal or
				formal solicitations issued by the state must be qualified. All vendors are
				qualified unless disqualified as defined by Section
				67-9217, Idaho Code.
				(4-6-23)
03.
Responsibility
. (4-6-23)
a.
				Nothing herein shall prevent the buyer from establishing additional
				responsibility standards for a particular purchase. Factors to be considered in
				determining whether a vendor is responsible include, whether the vendor has:
				(4-6-23)
i. Available the appropriate
				financial, material, equipment, facility and personnel resources and expertise,
				or the ability to obtain them, necessary to indicate capability to meet all
				contractual requirements; (4-6-23)
ii. A satisfactory record of integrity;
				(4-6-23)
iii. Qualified legally to
				contract with the purchasing authority and qualified to do business in the
				state of Idaho; (4-6-23)
iv.
				Unreasonably failed to supply any necessary information in connection with the
				inquiry concerning responsibility; (4-6-23)
v. Requisite experience; or
				(4-6-23)
vi. A satisfactory prior
				performance record, if applicable. (4-6-23)
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 38.05.01.082 - TIE RESPONSES

Current through August 31, 2023
01.
Tie
				Responses -- Definition
. Tie responses are low responsive bids,
				proposals or quotes from responsible bidders or offerors (or for requests for
				quotes, from vendors submitting a quote) that are identical in price or score.
				Responsibility is determined based upon the standards of responsibility set
				forth in Section 081 of these
				rules. (4-6-23)
02.
Award
. Award shall not be made by drawing lots, except as set
				forth below, or by dividing business among tie responses. In the discretion of
				the buyer, award shall be made in any permissible manner that will resolve tie
				responses. Procedures that may be used to resolve tie responses include:
				(4-6-23)
a. If price is considered excessive
				or for another reason such responses are unsatisfactory, reject all responses,
				resolicit and seek a more favorable contract in the open market or enter into
				negotiations pursuant to Section
				084 of these rules;
				(4-6-23)
b. Award to an Idaho
				resident or an Idaho domiciled vendor or for Idaho produced property where
				other tie response(s) are from out of state or to a vendor submitting a
				domestic property where other tie responses are for foreign (external to Idaho)
				manufactured or supplied property; (4-6-23)
c. Award to the vendor with the earliest
				delivery date. (4-6-23)
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 38.05.01.083 - PROPOSAL DISCUSSION WITH INDIVIDUAL OFFERORS

Current through August 31, 2023
01.
Use of Discussions
. Discussions may be used in any type of formal
				solicitation when the solicitation provides for the possibility of discussions
				and the buyer determines that clarifications or revisions are required to
				achieve adequate competition. (4-6-23)
02.
Classifying Proposals
. For
				the purpose of conducting proposal discussions under this rule, proposals shall
				be initially classified as: (4-6-23)
a.
				Acceptable; (4-6-23)
b. Potentially
				acceptable if clarified or amended under this rule; or (4-6-23)
c. Unacceptable. (4-6-23)
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 38.05.01.084 - NEGOTIATIONS

Current through August 31, 2023
In accordance with Section
				  67-9205(12),
				  Idaho Code, the administrator may negotiate acquisitions as follows:
				  (4-6-23)
01.
Use of
				Negotiations
. Negotiations may be used under these rules when the
				administrator determines in writing that negotiations may be in the best
				interest of the state including the following circumstances: (4-6-23)
a. Negotiations undertaken pursuant to an
				ITN, in accordance with the provisions of Section
				094 of these rules.
				(4-6-23)
b. A competitive
				solicitation has been unsuccessful for reasons including that all offers are
				unreasonable, noncompetitive, or exceed available funds and the available time
				and circumstances do not permit the delay required for resolicitation;
				(4-6-23)
c. There has been
				inadequate competition; (4-6-23)
d.
				During the evaluation process it is determined that negotiations could secure
				advantageous terms or a reduced cost for the state; or (4-6-23)
e. During the evaluation process it is
				determined that all responsive offers exceed available funds and negotiations
				could modify the requirements of the formal solicitation to reduce the cost to
				available funds and avoid the extended time and expenditure of resources for a
				resolicitation. (4-6-23)
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 38.05.01.085 - PRICE AGREEMENTS

Current through August 31, 2023
The administrator may authorize and negotiate price
				  agreements with vendors when such agreements are deemed in the best interest of
				  the state. Price agreements shall provide for termination for any reason upon
				  not more than thirty (30) days' written notice. Price agreements may be in the
				  best interest of the state when: (4-6-23)
01.
Dollar Value
. The dollar
				value of individual procurements of property is less than the maximum dollar
				value of an exempt small purchase under Section
				044 of these rules and multiple
				individual procurements are anticipated within a state of Idaho fiscal year;
				(4-6-23)
02.
Property
.
				The property may not be conducive to standard competitive bidding procedures;
				(4-6-23)
03.
Multiple
				Agreements
. There exists a need to establish multiple agreements with
				vendors supplying property that is similar in nature or function but is
				represented by different manufacturers or needed in multiple locations; or
				(4-6-23)
04.
Non-exclusive
				Agreements
. Non-exclusive agreements for periods not exceeding two (2)
				years are deemed necessary to establish consistent general business terms,
				including without limitation, price, use of catalogs, delivery or credit terms.
				(4-6-23)
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 38.05.01.091 - ACCEPTANCE OR REJECTION OF BIDS AND PROPOSALS

Current through August 31, 2023
Prior to the issuance of a contract, the administrator shall
				  have the right to accept or reject all or any part of a bid or proposal or any
				  and all bids or proposals when: (4-6-23)
01.
Best Interest
. It is in the
				best interests of the state of Idaho; (4-6-23)
02.
Does Not Meet
				Specifications
. The submission does not meet the minimum specifications;
				(4-6-23)
03.
Not Lowest
				Responsible Bid
. The submission is not the lowest responsible
				submission; (4-6-23)
04.
Bidder Is Not Responsible
. A finding is made based upon available
				evidence that a submitting vendor is not responsible or otherwise capable of
				currently meeting specifications or assurance of ability to fulfill contract
				performance; or (4-6-23)
05.
Deviations
. The item offered deviates to a major degree from the
				specifications, as determined by the administrator (minor deviations, as
				determined by the administrator, may be accepted as substantially meeting the
				requirements of the state of Idaho). Deviations will be considered major when
				such deviations appear to frustrate the competitive process or provides a
				submitting vendor an unfair advantage. (4-6-23)
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 38.05.01.092 - CANCELLATION OF INFORMAL OR FORMAL SOLICITATION

Current through August 31, 2023
Prior to the issuance of a contract, the purchasing authority
				  reserves the right to reject all bids, proposals or quotes or to cancel a
				  formal or informal solicitation. In the event a formal or informal solicitation
				  is cancelled, all submitting vendors will be notified. Examples of reasons for
				  cancellation are identification of inadequate or ambiguous specifications,
				  unexpected circumstances that require revised specifications, or determination
				  that cancellation is in the best interest of the state. (4-6-23)
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 38.05.01.093 - NOTICE OF REJECTION

Current through August 31, 2023
Bidders or offerors whose bids or proposals are rejected as
				  non-responsive will be notified in writing of the reasons for such rejection.
				  (4-6-23)
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 38.05.01.094 - COMPETITIVE NEGOTIATIONS

Current through August 31, 2023
Notwithstanding the provisions of Section
				  041 of these rules applicable to
				  the formal sealed procedure, the administrator may authorize the use of
				  competitive negotiations when it is determined that the use of negotiations may
				  enable the state to more effectively identify and refine potential solutions,
				  especially where the business need is complex or requires innovation.
				  (4-6-23)
01.
Written
				Authorization
. A competitive negotiation may only be used when a
				determination has been made that another type of formal solicitation would not
				be in the best interest of the state. Only the division may use competitive
				negotiation unless the administrator provides written authorization to a
				purchasing authority. (4-6-23)
02.
Form of Solicitation
. Proposals under this rule shall be solicited
				pursuant to an ITN. (4-6-23)
03.
Applicability of Other Rules
. An ITN shall be subject to the rules
				applicable to a request for proposals, except as otherwise provided.
				Modifications under Section
				072 of these rules will be allowed
				after closing to the extent authorized within the ITN. Section
				083 of these rules, proposal
				discussion with individual offerors, shall not apply to an ITN, except as
				specifically provided in the ITN. (4-6-23)
04.
Cost Proposals
. The buyer
				may request cost proposals at any time during the ITN process; and may elect to
				request cost proposals only from those offerors determined to be in the
				competitive range for award ("finalists"), in accordance with the instructions
				contained within the ITN. (4-6-23)
05.
Conduct of Negotiations
.
				Negotiations shall be conducted in accordance with the procedure outlined in
				the ITN, which may include multiple iterations of submissions and discussions
				in order to classify proposals; to allow for revisions to the solicitation
				proposal(s), including any requirements, terms, conditions or specifications;
				and to determine finalists. The negotiation process ends upon submission of the
				best and final offer(s) from the finalists, after which time vendors shall not
				be allowed to make further modifications to their proposal(s).
				(4-6-23)
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 38.05.01.101 - LEASES

Current through August 31, 2023
01.
Lease for Personal Property
.
				A lease for personal property may be entered into provided the lease is subject
				to the same requirements of competition that govern the purchase of property.
				Leases for periods exceeding one (1) year specifically require the approval of
				the administrator. (4-6-23)
02.
Lease Purchase Option
. Unless a specific exemption is granted by
				the administrator or unless otherwise exempt by these rules, a lease purchase
				option may be exercised only if the lease containing the purchase option was
				awarded using the competitive process. Before exercising such an option, the
				buyer shall meet all applicable requirements of Section
				67-9222, Idaho Code, including
				providing notice of the exercise of option as a sole source or competitively
				bidding the property by soliciting bids for new or used property.
				(4-6-23)
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 38.05.01.111 - SPECIFICATIONS - POLICIES AND DEVELOPMENT

Current through August 31, 2023
01.
Purpose
. Unless exempted by these rules or by the administrator,
				all informal and formal solicitations require specifications. Specifications
				set forth the characteristics of the property to be acquired. Specifications
				serve as the basis for obtaining property adequate and suitable for the using
				agency's needs in a cost effective manner, taking into account the costs of
				ownership and operation as well as initial acquisition costs. Specifications
				shall be drafted clearly to describe the agency's needs and to enable the
				vendors to determine and understand the agency's requirements. Specifications
				shall, as much as practical, be nonrestrictive to provide an equal basis for
				participation by an optimum number of vendors and to encourage competition.
				This information may be in the form of a description of the physical,
				functional or performance characteristics, a reference brand name or both. It
				may include a description of any required inspection, testing or preparation or
				delivery. Specifications may be incorporated by reference or contained in an
				attachment. (4-6-23)
02.
Use
				of Functional or Performance Descriptions
. Specifications shall, to the
				extent practicable, emphasize functional or performance criteria while limiting
				design or other detailed physical descriptions to those necessary to meet the
				needs of the agency. To facilitate the use of such criteria, using agencies
				shall endeavor to include as a part of purchase requisitions their principal
				functional or performance needs. (4-6-23)
03.
Preference for Commercially
				Available Property
. Requirements shall be satisfied by standard
				commercial property whenever practicable. (4-6-23)
04.
Brand Name or Equal
				Specification
. (4-6-23)
a. A brand name
				or equal specifications may be used when the buyer determines that such a
				specification is in the agency's best interest. (4-6-23)
b. A brand name or equal specification shall
				seek to designate as many different brands as are practicable as "or equal" and
				shall state that property substantially equivalent to those designated will be
				considered for award. (4-6-23)
c.
				Unless the buyer authorized to finally approve specifications determines that
				the essential characteristics of the brand names included in the specifications
				are commonly known in the industry or trade, brand name or equal specifications
				shall include a description of the particular design and functional or
				performance characteristics required. (4-6-23)
d. Where a brand name or equal specification
				is used, the document shall contain explanatory language that the use of a
				brand name is for the purpose of designating the standard of quality,
				performance, and characteristics desired and is not intended to restrict
				competition. (4-6-23)
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 38.05.01.112 - CONTRACT TERMS - POLICIES AND LIMITATIONS

Current through August 31, 2023
01.
Prohibited Terms
. Purchasing authorities do not have the authority
				to bind the state of Idaho or an agency to the following terms. If a contract
				contains such a term, the term shall be void pursuant to Section
				67-9213, Idaho Code. (4-6-23)
a. Terms waiving the sovereign immunity of
				the state of Idaho. (4-6-23)
b.
				Terms subjecting the state of Idaho or its agencies to the jurisdiction of the
				courts of other states. (4-6-23)
c.
				Terms limiting the time in which the state of Idaho or its agencies may bring a
				legal claim under the contract to a period shorter than that provided in Idaho
				law. (4-6-23)
d. Terms imposing a
				payment obligation, including a rate of interest for late payments, less
				favorable than the obligations set forth in Section
				67-2302, Idaho Code.
				(4-6-23)
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 38.05.01.113 - CONTRACT OVERSIGHT

Current through August 31, 2023
01.
Contract
				Management and Contract Administration
. (4-6-23)
a. Agencies which issue their own contracts
				pursuant to their delegated authority (or as otherwise exempt from the
				requirements of these rules) will be responsible for all aspects of contract
				management and contract administration, as those terms are defined in Section
				011 of these rules.
				(4-6-23)
b. When the division
				issues a contract on behalf of an agency, in its role as the state's
				contracting agent, the division is responsible for contract administration and
				the agency is responsible for contract management. (4-6-23)
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 38.05.01.114 - INFORMATION TECHNOLOGY RESALE

Current through August 31, 2023
01.
Purpose
. The use of resellers is common in the acquisition of
				information technology; however, the use of a reseller to acquire information
				technology attempts to separate the application of the State Procurement Act
				from the contract terms required by the information technology owner for use of
				the information technology. The requirements of this rule are in place to apply
				Idaho law to the contract terms required by the information technology owner,
				when information technology is acquired through a reseller. (4-6-23)
02.
Terms
. All license, sale, or
				use terms imposed by the information technology owner shall be subject to the
				following: (4-6-23)
a. Licensing, sale, or use
				terms required by a third party owner of information technology sold through a
				reseller shall be subject to these rules, specifically including Subsection
				112.01 and Paragraph 112.02.a.
				of these rules. If a contract contains a term prohibited by Section
				112 of these rules, the term shall
				be void pursuant to Section
				67-9213, Idaho Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.05.01 - RULES OF THE DIVISION OF PURCHASING › Subchapter C - RULES GOVERNING CONTESTED CASE HEARINGS ON BID APPEALS AT THE DIVISION OF PURCHASING › Section 38.05.01.200 - RULES OF ADMINISTRATIVE PROCEDURE

Current through August 31, 2023
The Idaho Rules of Administrative Procedure of the Attorney
				  General shall govern contested cases under these rules, except as specified in
				  these rules or where these rules differ. Determinations officers shall be
				  considered hearing officers for purposes of the Idaho Rules of Administrative
				  Procedure of the Attorney General. (4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.05.01 - RULES OF THE DIVISION OF PURCHASING › Subchapter C - RULES GOVERNING CONTESTED CASE HEARINGS ON BID APPEALS AT THE DIVISION OF PURCHASING › Section 38.05.01.201 - NOTICE OF CONTESTED CASE HEARING

Current through August 31, 2023
A notice of a contested case hearing shall be provided to the
				  bidder, giving at least ten (10) days' advance notice of the contested case
				  hearing. The contested case hearing will be held in Ada County, at such place
				  as may be designated in the hearing notice. Upon concurrence of the parties and
				  the determinations officer, contested case hearings may be conducted
				  telephonically. (4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.05.01 - RULES OF THE DIVISION OF PURCHASING › Subchapter C - RULES GOVERNING CONTESTED CASE HEARINGS ON BID APPEALS AT THE DIVISION OF PURCHASING › Section 38.05.01.208 - WITNESSES AND EVIDENCE

Current through August 31, 2023
The determinations officer, on his own or upon application of
				  the bidder or the department of administration, may issue subpoenas for the
				  attendance of witnesses and production of documents. (4-6-23)
Idaho Administrative Code › Title IDAPA 38 - Administration, Department of › Rule 38.05.01 - RULES OF THE DIVISION OF PURCHASING › Subchapter C - RULES GOVERNING CONTESTED CASE HEARINGS ON BID APPEALS AT THE DIVISION OF PURCHASING › Section 38.05.01.209 - DETERMINATIONS OFFICER'S ISSUANCE OF A RECOMMENDED ORDER

Current through August 31, 2023
Once the matter is fully submitted, the determinations
				  officer shall issue a finding of fact, conclusions of law and recommended
				  order, and provide copies to all parties. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.02 - RULES GOVERNING VEHICLE & VESSEL DEALER LICENSE REQUIREMENTS - MOTOR VEHICLES › Section 39.02.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
Sections
				49-1602, and
				49-1606(7), Idaho
				Code. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.02 - RULES GOVERNING VEHICLE & VESSEL DEALER LICENSE REQUIREMENTS - MOTOR VEHICLES › Section 39.02.02.001 - SCOPE

Current through August 31, 2023
This rule clarifies the requirements for the issuance of dealer
				licenses and specifies other provisions for licenses and fees. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.02 - RULES GOVERNING VEHICLE & VESSEL DEALER LICENSE REQUIREMENTS - MOTOR VEHICLES › Section 39.02.02.100 - DEALER LICENSE REQUIREMENTS

Current through August 31, 2023
A dealer license is needed in the following situations:
				(4-6-23)
01.
Seller Not Titled
			 Owner
. Selling or exchanging; or (4-6-23)
02.
Maximum Sales
. Selling, or
			 exchanging, or soliciting the sale of five (5) or more vehicles or vessels in
			 any one (1) calendar year even though titled in seller's name; or
			 (4-6-23)
03.
Display for
			 Sale
. Displaying for sale or exchange, five (5) or more vehicles or
			 vessels at any one (1) time even though titled in the displayer's name; or
			 (4-6-23)
04.
Displaying
			 Vehicles or Vessels
. Displaying vehicles or vessels for sale, exchange
			 or consign on property not legally controlled by the owner of the vehicle or
			 vessel. (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.02 - RULES GOVERNING VEHICLE & VESSEL DEALER LICENSE REQUIREMENTS - MOTOR VEHICLES › Section 39.02.02.101 - SALESPERSON LICENSE

Current through August 31, 2023
Dealers will not allow a person to act as a salesperson in
				their behalf unless such person holds a valid salesperson license containing a
				current photograph of the salesperson, and the date of expiration of the
				salesperson's license. (4-6-23)
01.
Temporary Salesperson
. A new or transferring salesperson may act
			 as a temporary salesperson for a sponsoring dealer for a period, not to exceed
			 sixty (60) days, if the person submits an application with the appropriate fee.
			 (4-6-23)
02.
Temporary
			 Salesperson Sales Authorization
. A copy of the application must be
			 carried by the temporary salesperson as authorization to act as a salesperson.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.02 - RULES GOVERNING VEHICLE & VESSEL DEALER LICENSE REQUIREMENTS - MOTOR VEHICLES › Section 39.02.02.300 - REQUEST FOR REFUND OF DEALER OR SALESPERSON LICENSING FEES

Current through August 31, 2023
The Department will only process requests for refunds of
				licensing fees if: (4-6-23)
01.
Application Denial
. The application is denied prior to the
			 issuance of a temporary license. (4-6-23)
02.
Prior to License Issuance
.
			 The applicant requests a refund prior to the issuance of a license.
			 (4-6-23)
03.
Prior to Renewal
			 Issuance
. The licensee pays a renewal license fee and then requests a
			 refund prior to the issuance of the renewed license. (4-6-23)
04.
Over-Payment
. The applicant
			 over-pays the fees needed. (4-6-23)