TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 92

STATE PROCUREMENT ACT

67-9205.  powers and duties of the administrator. The administrator of the division of purchasing:

(1)  Shall acquire all property for state agencies according to the provisions of this chapter;

(2)  Shall acquire all property by competitive solicitation, except as otherwise provided;

(3)  Shall determine, based on the specifications and matters relating to responsibility, the lowest responsible bidder in all competitive solicitations;

(4)  Shall enter into contracts and any modifications thereto for the acquisition of property on behalf of and in the name of state agencies;

(5)  Shall, when economically feasible and practical, consolidate solicitations and acquire property in amounts as large as can be efficiently managed and controlled;

(6)  May, in the evaluation of paper product bids, give those items that meet the recycled content standards as specified by the administrator a five percent (5%) purchasing preference. As such, those qualifying paper products may be considered to cost five percent (5%) less when choosing the lowest responsible bidder;

(7)  May appoint a deputy who shall have the power to act for the administrator and in the administrator’s place while absent, which deputy shall be bonded to the state of Idaho as prescribed by chapter 8, title 59, Idaho Code;

(8)  May require from any contractor the submission of a performance bond for such sum as will, in the opinion of the administrator, guarantee the faithful performance of such contract, and the amount and requirement therefor shall be set out in the specifications;

(9)  May enter into open contracts based on actual or estimated requirements;

(10) May enter into contracts, including leases and rentals, for periods of time exceeding one (1) year, provided that such contracts contain no penalty to or restriction upon the state in the event cancellation is necessitated by a lack of funding for any such contract;

(11) Is authorized and empowered to formulate rules, subject to the approval of the director, to effect the provisions of this chapter;

(12) May enter into negotiations for acquisitions in accordance with established rules of the division;

(13) May inspect property supplied by a contractor to determine whether it meets specifications;

(14) May classify, after review with the various agencies, the requirements of the state for all property that may be acquired, and may adopt standards of quality for property, and may establish specifications for acquisition. Each specification shall, until revised or rescinded, apply alike in terms and effect to each future acquisition of the classified property;

(15) May delegate authority pursuant to section 67-9206, Idaho Code; and

(16) May carry out such acts as are necessary to enforce the provisions of this chapter.

History:

[67-9205, added 2016, ch. 289, sec. 4, p. 794.]