TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 92

STATE PROCUREMENT ACT

67-9221.  noncompetitive and emergency procurements. (1) The administrator may allow noncompetitive procurements when:

(a)  A particular savings to the state may be obtained through the use of educational discounts, reverse public auctions or acquisition of federal surplus or excess property;

(b)  The property is available only from a sole source;

(c)  Immediate delivery of the property is required by public exigencies and the administrator has declared that an emergency exists; or

(d)  Other circumstances justify a noncompetitive procurement in the opinion of the director and the administrator.

(2)  Prior to procuring property from a sole source, the administrator shall post notice of a sole source procurement, unless the property is required for a life-threatening situation or a situation that is immediately detrimental to the public welfare or property. The notice shall be posted in a conspicuous manner as prescribed by rule.

(3)  When the administrator has declared an emergency, payment vouchers may be issued on behalf of an agency without sufficient funds to make an emergency procurement. A payment voucher shall include a statement of justification for the emergency procurement.

(4)  There will not be noncompetitive procurement from a state institution of higher education, as defined in section 67-2332A, Idaho Code, unless:

(a)  The contract meets the following criteria:

(i)   It is for less than ten thousand dollars ($10,000); and

(ii)  It is either not a contract for services or it is a contract for services related to lodging or events;

(b)  The contract is between state institutions of higher education; or

(c)  The administrator makes a written determination that the circumstances of the acquisition are consistent with the provisions of subsection (1) of this section.

History:

[67-9221, added 2016, ch. 289, sec. 4, p. 799; am. 2021, ch. 71, sec. 3, p. 253.]