Request Form to Division of Purchasing (DOP)

Exemption from Competition - EFC

If you have any questions please contact us at DOPHelpDesk@adm.idaho.gov

Form ID 15987

Generated after Receipt by DOP

Year

Requestor Information

Agency Name* Information Technology Services

Agency Acronym*

ITS

Requestor Name* Kevin Heesch

Phone* 208-605-4166

E-mail* kevin.heesch@Its.idaho.gov

Property Being Purchased:* Generator Maintenance

This field has a 300 character limit

Type of Exemption Check all that apply

Type of Exemption*

A solicitation has been completed and my Agency wishes to award contracts to multiple vendors for the same or smilar property (Multiple Award Authorization)

My Agency wishes to administer or award a solicitation at a dollar amount above its normal Delegated Purchasing Authority (Limited/One-Time DPA)

The property required is available on one or more open contracts, but my Agency wishes to purchase from a different vendor. (Note: if total value is over $10,000, Agency must also check the box for exemption from competition if requesting to pruchase from a specific vendor). (Utilization of Open Contract).

A solicitation is being developed (by my Agency under its DPA or in conjunction with DOP) and my Agency wishes to limit responses to a specific manufacturer/brand name (I.e. no substitutions). (Note: this option assumes that multiple vendors can offer the identified brand name; otherwise, select the option for exemption from competition to request a Sole Source Authorization (Brand Name Only)

A solicitation has been completed and there is a need to negotiate with one or more vendors. (Authorization to Negotiate)

My Agency is seeking to purchase directly from an identified vendor without completing a solicitation OR wishes to perform a level of competition that is less formal than would typically be required. (Various exemptions-additional questions to follow) mailto:kevin.heesch@Its.idaho.gov

Additional Questions*

There is an immediate threat to public health, safety, or welfare (Emergency Purchase Authorization)

The required property can only be procured from a single supplier (sole manufacturer and distributor) (Sole Source Authorization)

There is an existing Policy Directive on the DOP website which requires authorization to be utilized (Utilization of Policy Directive)

It would be impractical, unreasonable, or disadvantageous to complete the required competitive process under the circumstances (Exemption from Competition)

Exemption from Competition

IDAPA 38.05.01.042.05 provides that the administrator may exempt an acquisition from competitive procurement if the administrator determines that bidding is impractical, disadvantageous or unreasonable under the circumstances. Examples include, but are not limited to:

special market conditions; property requiring special contracting procedures due to uniqueness; and services for which competitive solicitation procedures are impractical.

Proposed Supplier* Enter Unknown if supplier is not known

Legacy An Ontivity Company

Duration*

One-Time purchase Ongoing

Anticipated Total Cost* $110,000.00

Background* Describe the circumstances

We've had a contract with Legacy for several years. They were acquired by a larger company without alerting the State. We need to continue to utilize their services so we do not risk having a failing generator that could be detrimental to the data center. They do routine maintenance and we need them in case of emergency repairs. Anticipated cost is for the work on the generators as well as contingency funding in case of repairs.

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Justification* Why would the competition be impractical, unreasonable, or disadvantageous under the circumstances?

It was just brought to our attention that the contract could not be renewed because of these circumstances. Nothing else has changed in relation to the business they are doing or have done. Ownership is the only change.

Description* Describe the extent to which competition is possible

Competition may be possible in the future, but we do not have the time required to put out a new solicitation as these are quarterly services.

We would like to continue to use this company as they have been doing very good work.

Agency Certification*

The information provided above is true and accurate to the best of my knowledge,and supports the need for a direct procurement of the described goods or services, in the best interest of the State.

File Upload

Generator Maintenance Contract CPO20221192 - 2026 Estimate.pdf 230.29KB

Maximum File Size 250 MB

Agency Representative* Date of Submittal* 2026-04-16 https://adminrules.idaho.gov/rules/current/38/380501.pdf

Approval - EFC

Administrator Intends to approve (pending legal notice).*

Yes No

Optional Posting?* This exemption will be sent for posting before final approval.

Yes No

Notes Public View

This field has a 300 character limit

File Upload

Maximum File Size 250 MB

Date Time* 2026-04-16