Senate State Affairs approves rewrite of Idaho state purchasing rules; removes "invitation to negotiate"

The Senate State Affairs Committee voted to accept a comprehensive rewrite of Idaho’s state purchasing rules (docket 38‑0501‑2401), removing the invitation‑to‑negotiate (ITN) procedure and reorganizing procurement rules to align with statutory authority.

Valerie Bollinger, administrator of the Division of Purchasing in the Department of Administration, told the committee the rewrite had three goals: remove the ITN process as intended by the legislature, ensure rules are based on statutory authority, and clean up language and organization to improve transparency. "First, to remove the ITN process from rule as intended by the legislature," she said.

Nut graf: The accepted rewrite affects how the state solicits and awards contracts, narrows the scope of competition exemptions, restructures where price agreements and tie‑response language appear in rule, and removes or revises procedural language the division determined could conflict with statute.

Bollinger summarized substantive changes: definitions were clarified and some terms removed; rule 42 added specific parameters for exempt purchases; price agreements were moved from rule 85 to rule 42 with narrower use parameters; references to ITNs were removed from rule 70 and across the chapter; tie‑response provisions were consolidated into evaluation rules (rule 81 subsections) and simplified to align with Idaho Code section 67‑92‑10; requirements about bid openings were removed; and rule 94 on competitive negotiations was removed consistent with legislative direction.

Bollinger said the division engaged in negotiated rulemaking, advertised proposed rulemaking on agency websites, held a general meeting in October and a public hearing in November, and provided a crosswalk tying each rule back to Idaho code. She said the division received several clarifying questions but no formal opposition from stakeholders.

Senator Den Hartog moved to accept docket 38‑0501‑2401; Senator Harris seconded. The committee chair called the question and the committee adopted the rule. The chair closed by saying, "The rule has been accepted." The accepted rule will replace the prior purchasing chapter and the division said it plans website and transparency updates to help agencies and the public find budget and rule information.

The committee also discussed stakeholder outreach: Senator Shippey asked whether stakeholders had opportunities to provide feedback; Bollinger said meetings were held, materials posted online and lobbyists known to be interested were directly contacted, and the division received clarification questions but no opposition.