Section 38.05.01.041 - ACQUISITION PROCEDURESExcept as otherwise provided in statute or these rules, the acquisition of property shall be by competitive solicitation. Acquisition requirements shall not be artificially divided to avoid bid statutes, rules, or policies. The procedure followed for acquisitions shall be as follows:
01.Small Purchases. a. Acquisitions of the following property are small purchases:i. Services with a total cost less than twenty-five thousand dollars ($25,000)ii. Software, regardless of the delivery method (e.g. on-premise, cloud, software as a service, etc.), with a total cost less than fifteen thousand dollars ($15,000);iii. Property, excluding services, with a total cost less than fifteen thousand dollars ($15,000);iv. A mix of property including services and other property, with a total cost less than fifteen thousand dollars ($15,000).b. Small purchases do not require acquisition through competitive solicitation. Agencies must comply with the division's small purchase policy. Property available under single agency or open contracts shall be purchased under such contracts and are not a small purchase under this rule unless otherwise authorized by the administrator.02.Informal Purchases.a. Acquisition of property with a total cost exceeding the dollar limits established in this rule for a small purchase and less than the formal sealed procedure limit are informal purchases.b. Informal purchases may be made using: i. An informal solicitation issued through e-procurement, unless exempted by the administrator; orii. The formal sealed procedure, when the purchasing authority makes a written determination that using a formal solicitation is in the best interest of the state, including where selection based solely on cost is not appropriate.c. Agencies procuring property under this rule shall maintain a purchasing file containing: i. The informal or formal solicitation document posted and quotes received. If the acquisition was not publicly posted, the agency shall include a statement describing the justification for determining that posting was impractical or impossible, along with the administrator's authorization.ii. If not using e-procurement, the agency shall document the quotes received (or its attempt to obtain quotes) from at least three (3) vendors having a significant Idaho economic presence as defined in Section 67-2349, Idaho Code.03.Formal Sealed Procedure.a. The sealed procedure limit is one hundred fifty thousand dollars ($150,000).b. Purchases of property in excess of the sealed procedure limit are made using the formal sealed procedure, unless exempted by these rules or the administrator.Idaho Admin. Code r. 38.05.01.041