Section 38.05.01.042 - EXCEPTIONS TO COMPETITION REQUIRING ADMINISTRATOR APPROVALThe administrator may exempt the following purchases from the requirement for competitive solicitation by issuing a written determination to the purchasing authority.
01.Emergency Purchases. An emergency purchase is a purchase required to address an emergency condition, which is a situation that creates a threat to public health, welfare, or safety, such as may arise from floods, epidemics, riots, equipment failure, or similar circumstances. The existence of such condition must create an immediate and serious need for property that cannot be met through normal acquisition methods. The buyer must send a written explanation stating the emergency condition and the basis for the supplier selection, if applicable, to the administrator for review and written approval that the purchase be undertaken as an emergency purchase. Emergency purchases are limited to only that property required to address the emergency. The director or administrator may delegate authority in writing to an agency or purchasing authority to make emergency purchases and may impose conditions in the delegation.02.Sole Source Purchases. Sole source purchases are authorized only if the required property is reasonably available from a single supplier. A requirement for a proprietary property does not justify a sole source purchase if there is more than one (1) potential supplier that can provide the required property. In cases of reasonable doubt, competition should be solicited. The buyer must send a written request to the administrator justifying the purchase and the basis to conclude that no other supplier is reasonably available. Sole source purchases require written approval of the administrator. The administrator may condition an approval.03.Rehabilitation Agency Acquisitions. Acquisitions of property that is provided by non-profit corporations and public agencies operating rehabilitation facilities serving the handicapped and disadvantaged and that is offered for sale at fair market price as determined by the administrator in accordance with these rules. The buyer must submit a written request to the administrator to purchase from a rehabilitation agency and a written approval from the administrator. The purchase must comply with the division's policy for rehabilitation agency acquisitions.04.Purchases from General Services Administration Federal Supply Contractors. Acquisitions of property may be made from General Services Administration federal supply contractors without the use of competitive bid upon written approval of the administrator. The administrator shall determine whether the price and terms and conditions of acquisition is advantageous to the state. The administrator shall commemorate the determination in a written statement that shall be incorporated in the applicable file.05.Exempt Purchases. The administrator may, by written policy, exempt from the formal sealed procedure or the requirement for competitive solicitation that property for which bidding is impractical, disadvantageous or unreasonable under the circumstances.a. Examples include: i. Special market conditions;ii. Property requiring special contracting procedures due to uniqueness;iii. Legal advertising, publication or placement of advertisements by state agency personnel directly with media sources;iv. Property for which competitive solicitation procedures are impractical;vi. Ongoing maintenance, upgrades, support or additional licenses for software or other information technology solutions, including a change in the manner of solution delivery; which software or solution was originally acquired in compliance with the purchasing laws in effect at the time of acquisition; orvii. Acquisition of property for direct resale.b. Such policy shall describe the property exempted, the duration of the exemption, and any other requirements or circumstances appropriate to the situation.Idaho Admin. Code r. 38.05.01.042