TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 92

STATE PROCUREMENT ACT

67-9203.  definitions. As used in this chapter:

(1)  "Acquisition" means the process of procuring property.

(2)  "Administrator" means the administrator of the division of purchasing as created by section 67-9204, Idaho Code.

(3)  "Agency" means all officers, departments, divisions, bureaus, boards, commissions and institutions of the state, including the public utilities commission, but excluding:

(a)  The legislative and judicial branches of government;

(b)  The governor, lieutenant governor, secretary of state, state controller, state treasurer, attorney general and superintendent of public instruction; and

(c)  Except as provided in section 67-9234, Idaho Code, a state institution of higher education that complies with the provisions of section 67-9225, Idaho Code.

(4)  "Bid" means a written offer to perform a contract to sell or otherwise supply property in response to a solicitation.

(5)  "Bidder" means a vendor who has submitted a bid on property to be acquired by the state.

(6)  "Contract" means an agreement for the acquisition of property, including a purchase order.

(7)  "Contractor" means a vendor who has been awarded a contract.

(8)  "Director" means the director of the department of administration as created by section 67-5701, Idaho Code.

(9)  "Environmental, social, and governance standards" means procurement standards that screen or score bids, in whole or in part, on subjective ethical or sustainability criteria unrelated to the specifications in a solicitation or the qualifications of a bidder.

(10) "Lowest responsible bidder" means the responsible bidder whose bid reflects the lowest acquisition price to be paid by the state, except that when specifications are valued or comparative performance evaluations are conducted, the results of such examinations and the relative score of valued specifications will be weighed, as set out in the specifications, in determining the lowest acquisition price.

(11) "Open contract" means a contract awarded by the state through the division of purchasing as a result of a competitive solicitation to one (1) or more vendors who have agreed to allow all agencies to procure specified property under the terms and conditions set forth in the contract.

(12) "Procure" means to obtain property for state use in a manner other than by gift including, but not limited to, purchase, lease or rent.

(13) "Property" means goods, services, parts, supplies and equipment, both tangible and intangible, including, but not limited to, designs, plans, programs, systems, techniques and any rights or interests in such property.

(14) "Sole source" means the only vendor from whom specific property is available to procure.

(15) "Solicitation" means an invitation to bid, a request for proposal or a request for quote issued pursuant to this chapter for the purpose of procuring property.

(16) "Specifications" means the standards or requirements for property to be procured as explicitly stated in a solicitation or contract.

(17)  "State institution of higher education" means Boise state university, Idaho state university or Lewis-Clark state college.

(18) "Vendor" means a person or entity capable of supplying property to the state.

History:

[67-9203, added 2016, ch. 289, sec. 4, p. 793; am. 2018, ch. 17, sec. 7, p. 29; am. 2023, ch. 129, sec. 5, p. 369; am. 2024, ch. 230, sec. 2, p. 810.]