The Repository of State Practices (RoSP) is a database of state procurement statutes, regulations, and policies. NASPO’s Research and Innovation team continually update the RoSP. Bid Protest bid-protest rosp_category Statutory, regulatory, and procedural guidance for bid protests raw ID ST § 67-9232
(1) Bid specifications.
(a) There shall be, beginning with the date of receipt of notice, a period of not more than ten (10) working days in which any vendor, qualified and able to sell or supply the items to be acquired, may notify the administrator in writing of his intention to challenge the specifications and shall specifically state the exact nature of his challenge. The specific challenge shall describe the location of the challenged portion or clause in the specification document, unless the challenge concerns an omission, explain why any provision should be struck, added or altered, and contain suggested corrections.
(b) Upon receipt of the challenge, the administrator shall either deny the challenge, and such denial shall be considered the final agency decision, or he shall present the matter to the director for appointment of a determinations officer. If the director appoints a determinations officer, then all vendors, who are invited to bid on the property sought to be acquired, shall be notified of the appeal and the appointment of a determinations officer and may indicate in writing their agreement or disagreement with the challenge within five (5) days. The notice to the vendors may be electronic. Any vendor may note his agreement or disagreement with the challenge. The determinations officer may, on his own motion, refer the challenge portion and any related portions of the challenge to the author of the specification to be rewritten with the advice and comments of the vendors capable of supplying the property, rewrite the specification himself and/or reject all or any part of any challenge. If specifications are to be rewritten, the matter shall be continued until the determinations officer makes a final determination of the acceptability of the revised specifications.
(c) The administrator shall reset the bid opening no later than fifteen (15) days after final determination of challenges or the amendment of the specifications. If the administrator denies the challenge, then the bid opening date shall not be reset.
(d) The final decision of the determinations officer or administrator on the challenge to specifications shall not be considered a contested case within the meaning of the administrative procedure act; provided that a vendor disagreeing with specifications may include such disagreement as a reason for asking for appointment of a determinations officer pursuant to subsection (3) of this section.
https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch92/sect67-9232/ Public Link: Statutory Guidance Bid Responsiveness bid-responsiveness rosp_category Statutory, regulatory, and procedural guidance for bid responsiveness raw Idaho Procurement Manual Chapter 11 Evaluation pg 27
Responsive:
In order to be responsive, the quote, bid or proposal must:
•Comply with all mandatory requirements of the solicitation (all requirements designated with an “M” or “ME” or through use of terms such as “must” or “shall,” or as otherwise designated mandatory by the terms of the particular solicitation).
•The Bid or Proposal must be submitted with a State of Idaho Signature Page, with an original handwritten or electronic signature. Responses to informal RFQs (“quotes”), which may be submitted via fax, e-mail, etc., do not require an original signature; unless specified otherwise in the solicitation documents.
•NOT condition its bid on any additional terms or conditions.
https://purchasing.idaho.gov/wp-content/uploads/Services/Desk_manual.pdf Public Link: Yes Bidder Responsibility bidder-responsibility rosp_category Statutory, regulatory, and procedural guidance for bidder responsibility raw ID ADC 38.05.01.081
02. Standards of Responsibility. Nothing herein shall prevent the buyer from establishing additional responsibility standards for a particular purchase. Factors to be considered in determining whether a vendor is responsible include, but are not limited to, whether the vendor has: (3-29-17)
a. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate capability to meet all contractual requirements; (3-15-02)
b. A satisfactory record of integrity; (3-15-02)
c. Qualified legally to contract with the purchasing authority and qualified to do business in the state of Idaho; (3-29-17)
d. Unreasonably failed to supply any necessary information in connection with the inquiry concerning responsibility; (3-15-02)
e. Requisite experience; or (3-29-17)
f. A satisfactory prior performance record, if applicable. (3-29-17)
https://adminrules.idaho.gov/rules/current/38/380501.pdf Public Link: Yes Evaluation Committees evaluation-committees rosp_category The rules concerning the size and composition of evaluation committees for formal solicitations raw ID Procurement Manual Ch. 11
The agency selects an evaluation committee (typically 3 or 5 individuals). DOP’s best practice is to encourage a multidisciplinary team of evaluators. The evaluators will be required to acknowledge
an understanding of their roles and responsibilities and sign a statement confirming that they have no conflict of interest.
https://purchasing.idaho.gov/wp-content/uploads/Services/Desk_manual.pdf Public Link 1: RFP Evaluation: 3 -5 individuals Goods and Services Procurement goods-and-services-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of goods and services raw ID ST § 67-9204
(1) There is hereby created within the department of administration the division of purchasing. The director shall appoint an administrator for the division, subject to the approval of the governor.
(2) The administrator shall be exempt from the provisions of the state merit system.
(3) The administrator may employ additional personnel as may be necessary.
(4) The administrator may enter into contracts for professional services or assistance when necessary or desirable.
https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH92/SECT67-9204/ Public Link: Central Procurement Office Procurement Website procurement-website rosp_category Official state procurement website for public raw https://purchasing.idaho.gov/ Public Link: Public Notice public-notice rosp_category The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals raw ID Procurement Manual Ch. 3 Sec. 4
RFQs should be posted for sufficient time to obtain quotes (typically 5 – 20 days depending on the commodity or service and the vendor pool).
https://purchasing.idaho.gov/wp-content/uploads/Services/Desk_manual.pdf Public Link 1: RFQs: 5-20 Days;IFBs: 30-45 Days;RFPs: 45-60 Days Reverse Auctions reverse-auctions rosp_category State authority to conduct reverse auctions raw ID ST § 67-9221
(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.
https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch92/sect67-9221/ Public Link: Full Authorization State Procurement Manual state-procurement-manual rosp_category Official state procurement manual available to public raw https://purchasing.idaho.gov/wp-content/uploads/Services/Desk_manual.pdf Public Link: State Statutes and Regulations state-statutes-and-regulations rosp_category State databases of statutes and regulations raw https://legislature.idaho.gov/statutesrules/idstat/ Resource Public Link 1: Resource 1: Title 67. State Government and State AffairsChapter 92. State Procurement Act https://adminrules.idaho.gov/rules/current/ Resource Public Link 2: Resource 2: Agency 38. Department of AdministrationTitle 05.Chapter 01. Rules of the Division of Purchasing State-Wide Contracts state-wide-contracts rosp_category Awarded contracts as provided by each state raw https://purchasing.idaho.gov/statewide-contracts/ State-Wide Contracts Link: Supplier Registration supplier-registration rosp_category Information for suppliers as provided by each state raw https://purchasing.idaho.gov/information-for-vendors/ Supplier Registration Link: Technology Procurement technology-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of technology raw ID ADC 38.05.01.033 State Central Procurement Office/Office of Information Technology Services