Idaho Admin. Code r. 38.05.01.112

Current through September 2, 2024
Section 38.05.01.112 - CONTRACT TERMS - POLICIES AND LIMITATIONS
01.Prohibited Terms. Purchasing authorities do not have the authority to bind the state of Idaho or an agency to the following terms. If a contract contains such a term, the term shall be void pursuant to Section 67-9213, Idaho Code.
a. Terms waiving the sovereign immunity of the state of Idaho.
b. Terms subjecting the state of Idaho or its agencies to the jurisdiction of the courts of other states.
c. Terms limiting the time in which the state of Idaho or its agencies may bring a legal claim under the contract to a period shorter than that provided in Idaho law.
d. Terms imposing a payment obligation, including a rate of interest for late payments, less favorable than the obligations set forth in Section 67-2302, Idaho Code.
02.Terms Requiring Special Consideration.
a. Unless specifically authorized by the Idaho legislature, terms requiring an agency or the state of Idaho indemnify a vendor shall be subject to the provisions of Section 59-1015, Idaho Code, and require an appropriation by the Idaho legislature. Indemnification terms not specifically authorized by the Idaho legislature or subject to appropriation shall be void pursuant to Section 67-9213, Idaho Code, and Section 59-1016, Idaho Code.
b. Purchasing authorities shall consult with legal counsel prior to accepting terms submitting the contract to arbitration or waiving the state of Idaho's right to a jury trial.

Idaho Admin. Code r. 38.05.01.112

Effective April 6, 2023