T67CH28
Title 67 > T67CH28
Sections (12)
67-2801
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2801. Legislative intent. Efficient and cost-effective procurement of goods, services and public works construction is an important aspect of local government operations. Local public agencies should endeavor to buy goods, services and public works construction by way of a publicly accountable process that respects the shared goals of economy and quality. Political subdivisions of the state shall endeavor to purchase goods and services from vendors with a significant Idaho economic presence. History: [67-2801, added 2005, ch. 213, sec. 37, p. 668.]
67-2802
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2802. Applicability. The provisions of this chapter establish procurement requirements for all political subdivisions of the state of Idaho. The public works construction procurement process set forth in this chapter shall function in a complementary manner with the public works contractors license board and the procedures which that board administers. Any general procurement procedures set forth in this chapter shall be supplemented by the provisions of any specific statute pertaining to the awarding of any contract for the purchase or acquisition of any service, commodity or thing made expressly applicable to any particular political subdivision or by means of any additional administrative process that otherwise establishes additional express requirements. No provisions of this chapter shall be deemed to preclude the use of procurement procedures otherwise authorized by law. History: [67-2802, added 2005, ch. 213, sec. 37, p. 668.]
67-2802A
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2802A. discrimination in procurement prohibited. (1) Political subdivisions of the state of Idaho in their procurements governed by this chapter shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin unless permitted by an exception described in section 67-5909A , Idaho Code. (2) Unless specifically required pursuant to applicable federal law or regulation, no public entity or political subdivision of the state of Idaho shall require a contractor engaged in public works construction governed by this chapter to provide a multiple-occupancy restroom, shower facility, or changing room that is owned by or under the control of the contractor on any basis other than sex, as defined in section 39-245A (3), Idaho Code. History: [67-2802A, added 2020, ch. 331, sec. 2, p. 964; am. 2023, ch. 144, sec. 1, p. 394.]
67-2803
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2803. Exclusions. The procurement requirements established in this chapter shall not be applicable to: (1) The acquisition of personal property when the procurement duplicates the price and substance of a contract for like goods or services that has been competitively bid by the state of Idaho, one (1) of its political subdivisions, or an agency of the federal government; (2) Contracts or purchases where expenditures to procure public works construction are less than one hundred thousand dollars (100,000), provided such contracts or purchases shall be guided by the best interests of the political subdivision procuring the goods and services as determined by the governing board; (3) Disbursement of wages or compensation to any employee, official or agent of a political subdivision for the performance of personal services for the political subdivision; (4) Procurement of personal or professional services to be performed by an independent contractor for the political subdivision; (5) Procurement of an interest in real property; (6) Procurement of insurance; (7) Costs of participation in a joint powers agreement with other units of government; (8) Procurement of used personal property; (9) Procurement from federal government general services administration (GSA) schedules or federal multiple award schedules (MAS); (10) Procurement of personal property or services through contracts entered into by the division of purchasing of the department of administration of the state of Idaho; (11) Procurement of goods for direct resale; (12) Procurement of travel and training; (13) Procurement of goods and services from Idaho correctional industries; (14) Procurement of repair for heavy equipment; (15) Procurement of software maintenance, support and licenses of an existing system or platform that was bid in compliance with state law; (16) Procurement of public utilities; (17) Procurement of food for use in jails or detention facilities; or (18) Procurement of used equipment at an auction if authorized by the governing board. History: [67-2803, added 2005, ch. 213, sec. 37, p. 669; am. 2009, ch. 174, sec. 1, p. 554; am. 2010, ch. 123, sec. 1, p. 269; am. 2011, ch. 320, sec. 1, p. 937; am. 2016, ch. 290, sec. 1, p. 820; am. 2017, ch. 197, sec. 4, p. 484; am. 2023, ch. 165, sec. 1, p. 444; am. 2025, ch. 133, sec. 1, p. 686.]
67-2804
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2804. Waiver. (1) Whenever the provisions of this chapter require a public works contractor’s license to bid upon a public construction project, such requirement shall be deemed waived whenever federal law prohibits requiring licensure as a precondition for submitting a bid. (2) Nothing in this section shall be deemed to prohibit a political subdivision from performing construction or repair work on the political subdivision’s own facilities. (3) Whenever this chapter provides time limits for objection or appeal, any objection or appeal not perfected within such time limitations shall be deemed to constitute a waiver of any rights to raise such objection or appeal thereafter. History: [67-2804, added 2005, ch. 213, sec. 37, p. 669.]
67-2805
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2805. Procurement of public works construction. (1) When a political subdivision contemplates an expenditure to procure public works construction valued at or in excess of one hundred thousand dollars (250,000), the procurement procedures of this subsection shall apply: (a) The solicitation for bids for the public works construction to be performed shall be supplied to no fewer than three (3) owner-designated licensed public works contractors by written means, either by electronic or physical delivery. The solicitation shall describe the construction work to be completed in sufficient detail to allow an experienced public works contractor to understand the construction project the political subdivision seeks to build. (b) The solicitation for bids shall describe the electronic or physical delivery method or methods authorized to submit a bid, the date and time by which a bid proposal must be received by the clerk, secretary or other authorized official of the political subdivision, and shall provide a reasonable time to respond to the solicitation, provided that except in the event of an emergency, such time shall not be less than three (3) business days. (c) Written objections to specifications or bid procedures must be received by the clerk, secretary or other authorized official of the political subdivision at least one (1) business day before the date and time upon which bids are scheduled to be received. (d) When written bids have been received, by either physical or electronic delivery, they shall be submitted to the governing board or a designee of the governing board who shall present the lowest responsive bid to the governing board for approval or, if authorized, approve the bid. The governing board or the board’s designee shall approve the responsive bid proposing the lowest procurement price or reject all bids and publish notice for bids, as before. (e) If the political subdivision finds that it is impractical or impossible to obtain three (3) bids for the proposed public works procurement, the political subdivision may acquire the work in any manner the political subdivision deems best from a qualified public works contractor quoting the lowest price. When fewer than three (3) bids are considered, a description of the efforts undertaken to procure at least three (3) bids shall be documented by the political subdivision and such documentation shall be maintained for at least six (6) months after the procurement decision is made. If two (2) or more price quotations offered by different licensed public works contractors are the same and the lowest responsive bids, the governing board or governing-board authorized official may accept the one (1) it chooses. (2) When a political subdivision contemplates an expenditure to purchase public works construction valued in excess of two hun
67-2806
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2806. Procuring services or personal property. (1) When a political subdivision contemplates an expenditure to purchase or lease personal property or to procure services, other than personal property or services excluded pursuant to section 67-2803 , Idaho Code, valued at or in excess of one hundred thousand dollars (250,000), the procurement procedures of this subsection shall apply. (a) The solicitation for bids shall be supplied to no fewer than three (3) vendors by written means, either by electronic or physical delivery. The solicitation shall describe the personal property or services to be purchased or leased in sufficient detail to allow a vendor dealing in such goods or services to understand what the political subdivision seeks to procure. (b) The solicitation for bids shall describe the electronic or physical delivery method or methods authorized to submit a bid, the date and time by which a bid proposal must be received by the clerk, secretary or other authorized official of the political subdivision, and shall provide a reasonable time to respond to the solicitation, provided that except in the event of an emergency, such time shall not be less than three (3) business days. (c) Written objections to specifications or bid procedures must be received by the clerk, secretary or other authorized official of the political subdivision at least one (1) business day before the date and time upon which bids are scheduled to be received. (d) When written bids have been received, by either physical or electronic delivery, they shall be compiled and submitted to the governing board or governing board-authorized official which shall approve the responsive bid proposing the lowest procurement price or reject all bids and publish notice for bids, as before. (e) If the political subdivision finds that it is impractical or impossible to obtain three (3) bids for the proposed procurement, the political subdivision may acquire the property in any manner the political subdivision deems best from a qualified vendor quoting the lowest price. When fewer than three (3) bids are considered, a description of the efforts undertaken to procure at least three (3) bids shall be documented by the political subdivision and such documentation shall be maintained for at least six (6) months after any such procurement is made. If two (2) or more bids are the same and the lowest responsive bids, the authorized decision maker may accept the one (1) it chooses. (2) When a political subdivision contemplates an expenditure to purchase or lease personal property or to procure services, other than personal property or services excluded pursuant to section 67-2803 , Idaho Code, valued in excess of two hundred fifty thousand dollars ($250,000), the procurement procedures of this subsection shall apply. (a) The purchase
67-2806A
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2806A. request for proposal. (1) A political subdivision may utilize a request for proposal process as set forth in this section as an alternative to the competitive bidding process required by section 67-2806 , Idaho Code, when the political subdivision contemplates a procurement for goods or services for which: (a) Fixed specifications might preclude the discovery of a cost-effective solution; (b) A specific problem is amenable to several solutions; or (c) Price is not the sole determining factor for selection. (2) Factors that may be considered in the evaluation of vendors in a request for proposal process include, but are not limited to: (a) An innovative solution that is offered; (b) Unique product features; (c) Price; (d) Vendor experience in the market; (e) Financial stability of a vendor; (f) Differences among vendors in their ability to perform contract requirements in a timely or efficient manner; (g) Ability to meet product specifications; (h) Product quality; (i) Product performance records; (j) Past performance by a vendor; (k) Future product maintenance or service requirements; and (l) Product warranties. (3) At a minimum, a request for proposal shall state the instructions of the process, the scope of work for the goods or services contemplated, the selection criteria, contract terms and the scoring methodology applying relative weights to factors considered. (4) Notification, solicitation and consideration of contests concerning the award of procurement pursuant to a request for proposal shall be in accordance with the minimum requirements established in section 67-2806 , Idaho Code, subject to the selection criteria established at the outset of each such procurement. Records compiled in the scoring process shall be made available for public inspection when a procurement recommendation is made to the governing board. History: [67-2806A, added 2017, ch. 197, sec. 7, p. 493.]
67-2807
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2807. cooperative purchasing. With the approval of its governing board, a political subdivision may participate in cooperative purchasing agreements with the state of Idaho, other Idaho political subdivisions, other government entities, or associations thereof. Political subdivisions may also participate in cooperative purchasing programs established by any association that offers its goods or services as a result of competitive solicitation processes. Goods or services procured by participation in such cooperative agreements or programs shall be deemed to have been acquired in accordance with the requirements of this chapter. History: [67-2807, added 2019, ch. 67, sec. 2, p. 161.]
67-2808
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2808. Emergency expenditures and Sole source expenditures. (1) Emergency expenditures. (a) The governing board of a political subdivision may declare that an emergency exists and that the public interest and necessity demand the immediate expenditure of public money if: (i) There is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster; (ii) It is necessary to do emergency work to prepare for the national or local defense; or (iii) It is necessary to do emergency work to safeguard life, health, or property. (b) Upon making the declaration of emergency, any sum required in the emergency may be expended without compliance with formal bidding procedures. (2) Sole source expenditures. (a) The governing board of a political subdivision may declare that there is only one (1) vendor if there is only one (1) vendor for the public works construction, services, or personal property to be acquired. For purposes of this subsection, only one (1) vendor shall refer to situations where there is only one (1) source reasonably available and shall include, but not be limited to, the following situations: (i) Where public works construction, services, or personal property is required to respond to a life-threatening situation or a situation that is immediately detrimental to the public welfare or property; (ii) Where the compatibility of equipment, components, accessories, computer software, replacement parts, or service is the paramount consideration; (iii) Where a sole supplier’s item is needed for trial use or testing; (iv) The purchase of mass-produced movies, videos, books, or other copyrighted materials; (v) The purchase of public works construction, services, or personal property for which it is determined there is no functional equivalent; (vi) The purchase of public utility services; (vii) The purchase of products, merchandise, or trademarked goods for resale at a political subdivision facility; or (viii) Where competitive solicitation is impractical, disadvantageous, or unreasonable under the circumstances. (b) Upon making the declaration that there is only one (1) vendor for public works construction, services, or personal property, unless the public works construction, services, or personal property is required for a life-threatening situation or a situation that is immediately detrimental to the public welfare or property, notice of a sole source procurement shall be published in the official newspaper of the political subdivision at least fourteen (14) calendar days prior to the award of the contract. (c) A sole source declaration made pursuant to the provisions of this subsection may be made without an emergency declaration under subsection (1) of this section. History: [67-2808, added 2005, ch. 213, sec. 37, p. 678; am. 2013, ch. 344, sec. 2, p. 928; am. 2019, ch. 115, sec. 1, p. 440.]
67-2809
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2809. legislative intent — public works — agreements — savings — severability. (1) It is the intent of the legislature to provide for the efficient and cost-effective procurement of goods and services by political subdivisions as market participants. (2) Notwithstanding any other provision found in chapter 10, title 44 , Idaho Code, chapter 28, title 67 , Idaho Code, and chapter 57, title 67 , Idaho Code, the following shall apply: (a) This act shall be known as the Open Access to Work Act. (b) For purposes of this section, the following terms have the following meanings: (i) Political subdivision means the state of Idaho, or any county, city, school district, sewer district, fire district or any other taxing subdivision or district of any public or quasi-public corporation of the state, or any agency thereof, or with any other public board, body, commission, department or agency, or officer or representative thereof; (ii) Public works shall have the same meaning as that provided for public works construction in section 54-1901 , Idaho Code. (c) (i) Except as provided in subsection (2)(c)(ii) of this section or as required by federal or state law, the state or any political subdivision that contracts for the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works shall not require that a contractor, subcontractor, material supplier or carrier engaged in the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works pay its employees: 1. A predetermined amount of wages or wage rate; or 2. A type, amount or rate of employee benefits. (ii) Subsection (2)(c)(i) of this section shall not apply when federal law requires the payment of prevailing or minimum wages to persons working on projects funded in whole or in part by federal funds. (d) The state or any political subdivision that contracts for the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works or obligates funds pursuant to such a contract shall ensure that neither the awarding governmental entity nor any construction manager acting on the governmental entity’s behalf shall: (i) In its bid documents, specifications, project agreements or other controlling documents for a public works construction contract, require or prohibit bidders, offerors, contractors, subcontractors or material suppliers to enter into or adhere to prehire agreements, project labor agreements, collective bargaining agreements or any other agreement with one (1) or more labor organizations on the same or other related construction projects; (ii) Discriminate against, or treat differently, bidders, offerors, contractors, subcontractors or material suppliers for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one (1) or more labor organizations on the sam
67-2810
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2810. Publication of contractee, amount, and purpose of personal service contracts — Definition. (1) All taxing entities within the state of Idaho shall publish, within fifteen (15) days of entering into any personal service contract, the parties, amount, and a one (1) sentence purpose of all such personal service contracts over thirty thousand dollars ($30,000) annual payment, regardless of whether the moneys for such contract are derived from state taxes, local taxes, federal funds, or a combination of such funds; however, when such contracts are entered into with a county, the publication requirements provided in this section are satisfied when the required information is included in the next published monthly statement pursuant to the provisions of section 31-819 , Idaho Code. The publication shall be in a newspaper of general circulation within the geographical area wherein such personal service is to be performed. (2) Personal service means performance for remuneration by an individual on a specified contractual basis of specialized professional or consultive expertise germane to administration, maintenance, or conduct of governmental activities that require intellectual or sophisticated and varied services, dependent upon facilities, invention, imagination, or a specific talent that the taxing entity itself cannot provide or accomplish. History: [67-2810, added 2024, ch. 173, sec. 2, p. 656.]