Idaho Admin. Code r. 38.05.01.081

Current through September 2, 2024
Section 38.05.01.081 - EVALUATION AND AWARD
01.General. The contract is to be awarded to the lowest responsible and responsive bidder or offeror (or for requests for quotes, vendor submitting a quote). The formal or informal solicitation shall set forth the requirements and criteria that will be used to make the lowest responsive and responsible determination.
02.Qualification. All vendors submitting responses to informal or formal solicitations issued by the state must be qualified. All vendors are qualified unless disqualified as defined by Section 67-9217, Idaho Code.
03.Responsibility.
a. 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, whether the vendor has:
i. 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;
ii. A satisfactory record of integrity;
iii. Qualified legally to contract with the purchasing authority and qualified to do business in the state of Idaho;
iv. Unreasonably failed to supply any necessary information in connection with the inquiry concerning responsibility;
v. Requisite experience; or
vi. A satisfactory prior performance record, if applicable.
b.Information Pertaining to Responsibility. A submitting vendor shall supply information requested by the buyer concerning its responsibility. If such submitting vendor fails to supply the requested information, the buyer shall base the determination of responsibility upon any available information or may find the submitting vendor nonresponsible if such failure is unreasonable.
c.Written Determination of Nonresponsibility Required. If a submitting vendor that otherwise would have been awarded a contract is found nonresponsible, a written determination of nonresponsibility setting forth the basis of the finding shall be prepared by the buyer.
04.Extension of Time for Acceptance. After opening, the buyer may request submitting vendors to extend the time during which their bids or proposals may be accepted. The reasons for requesting such extension shall be documented.
05.Partial Award. A buyer shall have the discretion to award on an all or nothing basis or to accept any portion of a response to a formal or informal solicitation, excluding other portions of a response and other offers, unless the vendor stipulates all or nothing in its submission.

Idaho Admin. Code r. 38.05.01.081

Effective April 6, 2023