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)  "Best and final offer" means a final written offer submitted by a bidder in response to a request by the administrator during negotiations or following material changes to a solicitation.

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

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

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

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

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

(10) "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.

(11) "Frivolous protest" means a challenge to a solicitation or contract award that:

(a)  Lacks any arguable basis in law or fact;

(b)  Is not supported by a good faith argument for the extension, modification, or reversal of an existing contract award;

(c)  Is filed for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of the procurement process; or

(d)  Asserts claims that are identical or substantially similar to claims previously adjudicated by the administrator or a court of competent jurisdiction, including proceedings in Idaho and other states, involving the same vendor and a similar procurement.

(12) "Lowest responsible bidder" means the responsible bidder whose bid reflects the lowest acquisition price to be paid by the state and meets the bid qualifications, 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.

(13) "Multiple-award contract" means a contract awarded to two (2) or more bidders to furnish the same or similar property when necessary or convenient to ensure adequate delivery, service, or product compatibility.

(14) "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.

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

(16) "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.

(17) "Request for information" means a formal request to potential vendors to provide information on their capabilities, services, and pricing for the purpose of identifying the scope of requested work, which may include eventual procurement of property, in order to create a draft request for proposals.

(18) "Request for proposal" means a formal request for vendors to submit a bid, which includes the total scope of services and is the basis of the award of a contract.

(19) "Request for quote" means an informal request to vendors for pricing and terms on specific property.

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

(21) "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.

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

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

(24) "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; am. 2026, ch. 283, sec. 1, p. 1182.]