Idaho Administrative Code — Administration, Department of

IDAPA 38 Administration, Department of

38.04.04 Rules Governing Capitol Mall Parking

IDAPA 38.04.04.000 Legal Authority

Section 67-5708, Idah o Code.(7-1-26)

IDAPA 38.04.04.001 Scope

These rules implement, Sect ion 67-5709, Idaho Code, governing parking in the Capitol Mall.(7-1-26)

IDAPA 38.04.04.002 (Reserved)

IDAPA 38.04.04.010 Definitions

01.Capitol Ma

ll.Pursuant to Section 67-5709(2)(b), Idaho Code.(7-1-26)

02.Capitol Mall Employee. A state employee whose assigned work area is in the Capitol Mall, and who receives a state of Idaho-issued paycheck from a tenant of the Capitol Mall.(3-25-22)

03.Employee with a Disability. An employee with a disability as defined in Section 49-117(7)(b), Idaho Code.(3-25-22)

04.Executive Branch Departments. The departments identified in Section 67-2402, Idaho Code, excluding the Department of Self-Governing Agencies.(7-1-26)

05.Security Services. Division of Public Works, Department of Administration.(7-1-26)

06.General Parking. A parking space used for all Capitol Mall employees registered for general parking.(3-25-22)

07.Legislative Personnel. An employee hired by the Legislative branch that receives a state of Idahoissued paycheck during the Legislative session or is a year round employee of the Legislative branch.(3-25-22)

08.Legislator. A member of the Idaho Senate or the Idaho House of Representatives for the state of Idaho.(3-25-22)

09.Reserved Parking. A parking space assigned to a specific person, vehicle or agency.(3-25-22)

10.State Elected Officials. The governor, lieutenant governor, secretary of state, attorney general, state controller, state treasurer and superintendent of public instruction, for the state of Idaho.(3-25-22)

11.Temporary Contract Employee. An employee of a temporary employment service company who is working temporarily for a tenant of the Capitol Mall, and who does not receive a pay check issued by the state of Idaho.(3-25-22)

12.Visitor. Any person visiting the Capitol Mall to carry out state business or attend a state-sponsored event.(3-25-22)

IDAPA 38.04.04.011 (Reserved)

IDAPA 38.04.04.020 Parking Lot Locations

Capitol Mall Parking manages the parking for the Capitol Mall and spaces in and around the Capitol Mall identified by signage.(7-1-26)

IDAPA 38.04.04.021 Types of Available Parking

Designated parking spaces are available for reserved parking, state elected officials and directors of executive branch departments, Legislators, disabled employees and state agency vehicles.(7-1-26)

IDAPA 38.04.04.022 Parking Space Allocation

01.Reserved Parking Spaces.(3-25-22)

a.Reserved parking spaces are available for state elected officials and directors of executive branch departments as defined in Subsections 010.05 and 010.11 of these rules. Capitol Mall Parking (CMP) will assign a reserved space to each state elected official and director of executive branch departments upon request.(7-1-26)

b.Reserved parking spaces will be made available to the Senate pro-tem, and the speaker of the House of Representatives.(7-1-26)

c.All other Capitol Mall employees may apply for a reserved parking space. General reserved parking spaces are assigned to Capitol Mall employees on a first-come, first-served basis when designated reserved parking spaces become available.(3-25-22)

d.Reserved parking spaces for state elected officials, directors of executive branch departments and Capitol Mall employees are located in the following parking lots only: the first floor of State Parking Garage #1; the first and second floors of State Parking Garage #2, the Pete T. Cenarrusa building the Capitol Annex, the Borah building parking lot, and the 8 th Street parking lot between State and Jefferson Streets.(7-1-26)

e.Parking lot between State and Jefferson Streets.(7-1-26)

f.CMP will determine the location of all reserved parking spaces.(7-1-26)

g.Reserved parking spaces for state elected officials, directors of executive branch departments and Capitol Mall employees will not exceed twenty-five percent (25%) of parking spaces available within the Capitol Mall.(3-25-22)

h.Capitol Mall employees may not sell, trade or barter the right to use their assigned reserved parking space. CMP retains the right to assign, reassign, suspend or revoke Capitol Mall employees’ reserved parking spaces at any time.(7-1-26)

i.During Legislative sessions and special sessions, CMP will make available up to one hundred three (103) reserved Legislator parking spaces to Legislators.(7-1-26)

j.Each Legislator will be assigned a reserved Legislator parking space. A Legislator who elects to park in the Capitol Mall is required to pay the fee for the reserved parking permit.(3-25-22)

k.During the Legislative session, Legislator reserved parking spaces will be on the third floor of State Parking Garage #1, 8th Street parking lot, and the Capitol Annex parking lot and will be clearly marked. Their reserved parking permit is only valid in the assigned reserved parking space; the permit is not valid in any other CMP general parking space during the Legislative session. When the Legislature is not in session, their permit will be designated as general parking spaces.(7-1-26)

l.When the Legislature is not in session, Legislators or Legislative personnel who hold a valid CMP permit, may park in any general parking space.(7-1-26)

02.Disabled Employee Parking Spaces. CMP will make available reserved disabled employee parking spaces for employees who have a disability.(7-1-26)

a.A temporarily or permanently disabled employee who has obtained an Americans with Disabilities Act (ADA) placard issued by the Idaho Transportation Department (ITD) may request a reserved disabled employee parking space as close as possible to the employee’s work location.(7-1-26)

b.A disabled employee requesting a reserved disabled employee parking space must provide either a copy of his ADA placard issued by the ITD or a copy of the application to the ITD for an ADA placard.(7-1-26)

c.A temporary reserved disabled employee parking space will be provided to any eligible employee who has applied for an ADA placard with the ITD but has not yet received the placard. A temporary reserved disabled parking space will be made available for five (5) working days only per disabled employee.(7-1-26)

d.Reserved disabled employee parking spaces will be marked with signage.(3-25-22)

e.A permit for a reserved disabled employee parking space will be the same fee as a permit for a general parking space.(3-25-22)

03.State-Owned Vehicles Parking Spaces. CMP will make available designated state-owned vehicle parking spaces.(7-1-26)

a.CMP will make available an indeterminate number of designated state-owned vehicle parking spaces to agency tenants of the Capitol Mall.(7-1-26)

b.Designated state-owned vehicle parking spaces will bein the Capitol Mall lots or garages, and will be clearly marked “State Vehicle Only.”(7-1-26)

c.A Capitol Mall employee may park his personal vehicle in a designated state-owned vehicle parking space when removing a state vehicle for state purposes. The Capitol Mall employee’s personal vehicle must display the reserved state-owned vehicle parking space permit.(3-25-22)

d.A visiting agency employee conducting official business at the Capitol Mall may park a state vehicle in an unoccupied designated state-owned vehicle parking space or in any Capitol Mall visitor parking space.

04.General Parking Spaces. All other undesignated parking is considered general parking. (3-25-22)

a.All Capitol Mall employees whose parking fees are deducted from their paychecks by the State Controller’s Office may request a general parking permit from CMP.(7-1-26)

b.General parking spaces are available on a first-come, first-served basis, and possession of a valid general parking permit does not guarantee the Capitol Mall employee a general parking space.(3-25-22)

05.Visitor Parking Spaces. CMP will make available a limited number of parking spaces for visitors and the public visiting the Capitol Mall.(7-1-26)

a.Non-metered three (3) hour visitor parking spaces will be available at the parking lot at the Capitol Annex at 514 W. Jefferson Street and on the south side of the parking lot at the State Library Building at 325 W. State Street, and will be clearly marked.(3-25-22)

b.State-owned vehicles that do not belong to the agency tenants of the Capitol Mall, and non-Capitol Mall employees visiting the Capitol Mall on business, may park in visitor parking spaces.(7-1-26)

c.Capitol Mall employees may not park in visitor parking spaces between 6 a.m. and 6 p.m., Monday through Friday, excluding legal holidays with the exception of Human Rights Day and Presidents’ Day.(3-25-22)

d.The maximum period of use of visitor parking spaces in the Capitol Mall is three (3) hours per day per vehicle. A change from one visitor parking space to another visitor parking space does not increase the maximum period of use for each vehicle beyond three (3) hours per day.(3-25-22)

IDAPA 38.04.04.023 (Reserved)

IDAPA 38.04.04.030 Parking Permits

CMP will issue applicable parking permits to all eligible persons who apply for a permit.(7-1-26)

01.Parking Permits for Reserved, Legislator, Disabled Employee, State-Owned Vehicles and General Parking.(7-1-26)

a.CMP will reissue parking permits once a year. Outdated parking permits must be returned to CMP.

b.CMP will issue the applicable parking permit to each state elected official, director of an executive branch department, Legislator or employee.(7-1-26)

c.CMP will issue only one (1) parking permit per employee.(7-1-26)

d.All individuals and agency tenants are responsible for displaying the parking permit in the front windshield or other prominent location of the parked vehicle at all times.(7-1-26)

02.Temporary Monthly Parking Permits.(3-25-22)

a.An individual performing work or providing services to an agency tenant as a Temporary Contract Employee in the Capitol Mall, but who does not receive a state of Idaho-issued paycheck, may purchase a general monthly parking permit at the same cost as a general parking permit from CMP.(7-1-26)

b.Upon request and receipt of the general parking permit fee, CMP may issue a monthly general parking permit to the following:(7-1-26)

i.Individuals who do not receive a paycheck issued by the state of Idaho but are performing work or providing services to an agency tenant in the Capitol Mall. This includes, but is not limited to, employees of the Idaho Central Credit Union, employees of vendors of the Commission for the Blind and Visually Impaired, and Capitol Mall tenant departments’ temporary contract employees.(7-1-26)

ii.Individuals who are employed by the state of Idaho, whose assigned work area is in the Capitol Mall, and who receive a state of Idaho-issued paycheck that is not issued by the State Controller's Office. This includes, but is not limited to, employees of the University of Idaho whose assigned work area is the Capitol Annex occupied by the University of Idaho.(3-25-22)

03.Temporary Meeting Parking Permits. Upon submission of an application by an agency tenant in the Capitol Mall, Capitol Mall Parking may issue temporary daily parking permits for meetings hosted by the department tenant. Parking will be allowed only in a limited number of parking spaces in the area designated by the permit and for the date set forth on the permit.(7-1-26)

IDAPA 38.04.04.031 Parking Permit Fees

Pursuant to Sections 67-5701 and 67-5708, Idaho Code, parking permit fees will be established by the Department of Administration and administered by CMP.(7-1-26)

01.Elected Officials Parking Permits. The governor, lieutenant governor, secretary of state, attorney general, state controller, state treasurer, superintendent of public instruction, Senate pro-tem, and the speaker of the House of Representatives will be provided a reserved parking space at no charge. Additionally, upon request, CMP will provide the governor four (4) additional reserved parking spaces. The fee for each additional reserved parking space provided to the governor will be the reserved parking permit monthly fee.(7-1-26)

02.Directors of Executive Branch Departments. Directors of executive branch departments will be provided a reserved parking space at a cost not to exceed forty dollars ($40) per month. Executive branch departments will be charged for the reserved parking spaces annually by CMP.(7-1-26)

03.Reserved Parking Permits. The fee for a reserved parking space permit will not exceed forty dollars ($40) per month.(3-25-22)

04.General Parking Permits. The fee for a general parking space permit will not exceed ten dollars ($10) per month.(3-25-22)

05.Payment for Parking Permits. Capitol Mall employees will be charged the respective permit fee in the first paycheck of each month through a payroll deduction or as determined by the State Controller.(3-25-22)

06.Legislators. Legislators and Legislative personnel must pay the associated space fee every month that the Legislature is in session for the eligible parking space permit.(3-25-22)

07.State-Owned Vehicles. State-owned vehicles belonging to the tenant departments will receive state vehicle parking permits for a monthly fee not to exceed fifteen dollars ($15).(3-25-22)

08.Replacement Permits. If a parking permit is lost, stolen or destroyed, the official, Legislator, or Capitol Mall employee will be charged a fee equal to the general permit monthly fee for a new permit. A statement attesting that the parking permit was lost, stolen or destroyed must be signed before CMP will issue a new permit.

IDAPA 38.04.04.032 (Reserved)

IDAPA 38.04.04.040 Parking Lot Violations

01.Driv ing Violations. Any driving violation in a CMP lot or garage may result in the suspension or loss of parking privileges.(7-1-26)

a.It is a violation of these rules to drive or operate a personal vehicle negligently or recklessly in any CMP lot or garage.(7-1-26)

02.Parking Violations. Any parking violation in a CMP lot or garage may result in the suspension or loss of parking privileges.(7-1-26)

a.It is a violation of these rules to park in a location that is not marked as a parking space within the Capitol Mall. This includes, but is not limited to, parking in or on a driveway, sidewalk or other common driving areas of any parking lot or garage. It is also a violation to park one (1) vehicle in more than one (1) parking space.

b.It is a violation to park a motorcycle in any space not designated for motorcycle parking, unless a valid reserved parking permit is displayed and the motorcycle is parked in the designated reserved parking space.

e.It is a violation to park or store a personal trailer in a CMP lot.(7-1-26)

f.It is a violation of these rules to:(3-25-22)

i.Use an invalid parking permit;(3-25-22)

ii.Use a parking permit reported lost or stolen;(3-25-22)

iii.Fail to properly display a valid CMP permit; or(7-1-26)

iv. Transfer an invalid permit to another person.(3-25-22)

g.It is a violation of these rules to park in one or more visitor parking spaces for a period in excess of the maximum period of use set forth in these rules.(3-25-22)

h.It is a violation of these rules for a CMP permit holder to park in a visitor parking space at any time.

IDAPA 38.04.04.041 Enforcement

01.Security and Patrol. Capi tol Mall parking lots and State Parking Garages #1 and #2 are secured and patrolled by CMP, or its authorized representative.(7-1-26)

02.Notice of Violation. Upon witnessing or finding a violation of these rules, CMP, or its authorized representative, will leave notice with the occupant of the vehicle or on the vehicle parked in violation of this chapter.

a.Notice may be in the form of a warning or a ticket. The warning or ticket will indicate the date and hour of the violation, the nature of the violation, and the name of the CMP employee or its authorized representative.

A warning or ticket may be issued only for those violations that do not cause the loss of a parking space and do not cause a safety hazard.(7-1-26)

b.If an individual is determined to have altered, counterfeited or otherwise misused a parking permit, a ticket may be issued by CMP, or its authorized representative, for a fine not to exceed fifty dollars ($50). (7-1-26)

c.CMP retains the right to suspend or revoke an individual’s parking privileges if the warnings or tickets have been issued or fines imposed for repeated violations.(7-1-26)

IDAPA 38.04.04.042 Suspension or Revocation of Parking Privileges

01.Delinquent Payment. CMP may suspend or revoke any individual’s parking permit if the parking permit fee is unpaid and at least thirty (30) days delinquent. Upon payment in full, CMP will restore the individual’s parking permit.(7-1-26)

02.Parking Privileges Suspension.(3-25-22)

a.CMP may suspend an individual’s parking permit and privileges for up to six (6) months for a violation of these rules.(7-1-26)

b.Any CMP permit holder, including a temporary parking permit holder, who has been cited for three (3) violations of these rules within six (6) months, may have his parking permit and privileges revoked for up to twelve (12) months.(7-1-26)

03.Towing and Impounding.(3-25-22)

a.CMP or its authorized representative may tow any vehicle from any CMP lot or the or State Parking Garages #1 and #2. The owner of the vehicle is liable for any service fee owed for releasing the towed and impounded vehicle.(7-1-26)

b.In the event that a vehicle is considered a security risk, CMP will make reasonable efforts to locate the owner of the vehicle before it is towed.(7-1-26)

04.Reactivating a Suspended Permit. A suspended parking permit may be reactivated after the applicable suspension period ends by reapplying for the automatic payroll deduction plan through CMP and paying in full of any delinquent parking fees.(7-1-26)

IDAPA 38.04.04.043 Surrender of Parking Permit

01.Surrender of Permit.

When a state elected official, Legislator or Capitol Mall employee no longer works in the Capitol Mall or no longer needs to utilize CMP, the individual must submit a request to CMP to cease automatic payroll deduction or billing for CMP. The individual must surrender the parking permit to CMP within ten (10) days of the effective date of termination.(7-1-26)

02.Cancellation of Automatic Payroll Deduction.(3-25-22)

a.CMP will notify the individual’s agency’s payroll clerk to cease the monthly parking fee deduction.

CMP will not refund a monthly parking fee after a monthly payroll deduction has been made.(7-1-26)

b.Agency payroll clerks must receive a written request from CMP prior to deleting the monthly parking fee from the employee’s payroll deduction schedule.(7-1-26)

IDAPA 38.04.04.044 (Reserved)

IDAPA 38.04.04.050 Loading Zone Parking Spaces

CMP will designate and mark a limited number of parking spaces to be used for short-term collection or delivery services or by authorized service contractors. It is a violation to park in loading zone parking spaces for any unauthorized purpose.(3-25-22)

IDAPA 38.04.04.051 (Reserved)

38.04.08 Rules Governing Use of Idaho State Capitol

IDAPA 38.04.08.000 Legal Authority

Section 67-1604, Idaho Code, gives the Direct or of the Department of Administration authority to promulgate rules governing access to and use by the public of the capitol building and its grounds after consultation with the governor, the presiding officers of the senate and house of representatives, and the Capitol Commission. Section 67-5709, Idaho Code, gives the Director authority to promulgate rules governing certain public facilities, subject to the provisions of Section 67-1602, Idaho Code, which determines the control and allocation of space in the Idaho State Capitol, and after making the consultations required in Section 67-1604, Idaho Code.(4-6-23)

IDAPA 38.04.08.001 Scope

These rules contain the provisions for use of the Idaho State Capitol.(4-6-23)

Application to Space Controlled by the Idaho Legislature. The Idaho legislature is exempt from the application of the Idaho Administrative Procedure Act, pursuant to Section 67-5201(2), Idaho Code. Space within the Idaho State Capitol controlled by the Idaho legislature is governed by Section 67-1602(3), Idaho Code, and rules enacted under the procedures of the Idaho legislature.(4-6-23)

IDAPA 38.04.08.002 (Reserved)

IDAPA 38.04.08.010 Definitions

01.Camping.

Any activity prohibited under Section 67-1613, Idaho Code.(4-6-23)

02.Capitol Commission. The Idaho State Capitol Commission established in Section 67-1606, Idaho Code.(4-6-23)

03.Commemorative Installation. Any statue, monument, sculpture, memorial or landscape feature designed to recognize a person, group, event or element of history.(4-6-23)

04.Department. The Department of Administration.(4-6-23)

05.Director. The Director of the Department of Administration or his designee.(4-6-23)

06.Display. An attended exhibition or installation of physical items during an Event.(4-6-23)

07.Event. Any activity including, but not limited to, arts or cultural presentations, weddings, dinners, award ceremonies, memorials, and seminars.(4-6-23)

08.Exhibit. Exhibitions or installations of physical items outside of an Event including, but not limited to, commemorative installations, floral displays, art objects, historical artifacts, and cultural objects.(4-6-23)

09.Exterior. The exterior of the Idaho State Capitol, the real property, the grounds, and the improvements on the exterior of the Idaho State Capitol or on its grounds.(4-6-23)

10.Idaho State Capitol. The building and grounds governed by chapter 16, title 67, Idaho Code, and located at capitol square as identified on the Boise City original townsite plat filed in the Ada County Recorder’s office in book 1 on page 1. The Idaho State Capitol is bounded by the following streets: State Street, Sixth Street, Jefferson Street, and Eighth Street.(4-6-23)

11.Interior. The interior spaces within the Idaho State Capitol.(4-6-23)

12.Jefferson Steps. The building entrance at the second floor of the Idaho State Capitol, the steps extending from the entrance, and the hard surface extending between the steps and the sidewalk along Jefferson Street.(4-6-23)

13.Law Enforcement. An officer of the Idaho state police, Ada County sheriff’s office, or Boise City police granted authority to enforce the laws of the state of Idaho and ordinances for the Idaho State Capitol pursuant to Section 67-1605, Idaho Code, or any peace officer as defined in Section 19-5101, Idaho Code, or an equivalent law enforcement officer in the service of the United States who is authorized by law or the Idaho State Police to exercise jurisdiction at the Idaho State Capitol.(4-6-23)

14.Legislative Galleries. The areas of the Interior overlooking the Senate and the House and accessed from the fourth floor of the Interior.(4-6-23)

15.Legislative Hearing Rooms. A room in the Interior holding a meeting of a committee of the Idaho legislature.(4-6-23)

16.Permit. A written authorization issued by the Director allowing use of the Idaho State Capitol as set forth in the Permit. A Permit serves as a reservation to use a portion of the Idaho State Capitol with the priority for use set forth in Subsection 200.04 of these rules.(4-6-23)

17.Presiding Officer. The Presiding Officer of the Senate is the President Pro Tempore. The Presiding Officer of the House is the Speaker. The Presiding Officer of a standing, joint, or special legislative committee is the legislator chairing the committee hearing.(4-6-23)

18.Private Event or Private Exhibit. Any activity sponsored or initiated by a member of the public that is open only to invited or qualifying individuals or groups. Private Events and Private Exhibits include, but are not limited to, weddings, dinners, award ceremonies, memorials, and seminars.(4-6-23)

19.Private Space. The portion of the Interior that is not Public Space.(4-6-23)

20.Public Space. The portion of the Interior that is maintained by the Department pursuant to Section 67-1602(1), Idaho Code, and is not designated as closed to the public by being marked “private,” “no admission,”

“staff only,” or similarly designated as not open to the public.(4-6-23)

21.Public Use. Use that is not:(4-6-23)

a.A State Event or Exhibit;(4-6-23)

b.Use by a public officer, official, employee, contractor, agency, or board or commission for state of Idaho business; or(4-6-23)

c.State Maintenance and Improvements.(4-6-23)

22.Security Personnel. A state of Idaho employee or a staff member of a state of Idaho contractor whose job duties include monitoring compliance with and enforcing these rules.(4-6-23)

23.State Business Day. Monday through Friday, excluding the holidays set forth in Section 73-108, Idaho Code.(4-6-23)

24.State Events and Exhibits. All functions initiated and controlled by any state of Idaho agency, board, commission, officer or elected official acting on behalf of the state of Idaho.(4-6-23)

25.State Maintenance and Improvements. Maintenance or improvement of the Idaho State Capitol by the state of Idaho or its contractors. Maintenance for the purpose of this definition includes, but is not limited to, grounds maintenance such as mowing, watering, landscaping, aerating, resodding, fertilizing and planting; and structural maintenance such as pressure washing, painting, window cleaning, and re-glazing. Improvement for the purpose of this definition includes, but is not limited to, the following: construction of new buildings or portions of buildings; renovations to existing buildings; the installation of permanent structures and equipment such as benches, sprinklers, flagpoles, monuments and memorials; and, the installation of temporary equipment and structures such as construction fencing, generators and portable buildings.(4-6-23)

IDAPA 38.04.08.011 (Reserved)

IDAPA 38.04.08.200 Use of Idaho State Capitol

01.Authorized Uses by the Public.

a.Except as provided otherwise in these rules, the Exterior and the Public Space is available for Public Use.(4-6-23)

b.Public access to Private Space occupied by a state of Idaho officer, official, agency, board or commission, including an elected official other than a legislator, is limited to the conduct of business with the occupant of the space.(4-6-23)

c.Unless otherwise directed by the Presiding Officer, public access to space controlled by the Idaho legislature is limited to the Legislative Galleries, Legislative Hearing Rooms, and the conduct of legislative business with a legislator.(4-6-23)

d.Temporary and permanent placement of Exhibits in the Public Space shall be reviewed by the Capitol Commission in accordance with Section 67-1608(3), Idaho Code. Placement of Exhibits does not include Displays during a Public Use permitted by these rules.(4-6-23)

02.Prohibited Uses. The following uses are prohibited at the Idaho State Capitol:(4-6-23)

a.Commercial Activity. The Exterior and the Public Space shall not be used for any activity conducted for profit and persons may not solicit to sell any merchandise or service on the Exterior or in the Public Space. Events promoting an industry, product or service in the Public Space under a Permit are not prohibited by this rule if the Event is limited to Displays, distribution of information, including literature, or both and participants are not soliciting orders or contracts for a product or service.(4-6-23)

b.Camping.(4-6-23)

c.Private Events and Private Exhibits.(4-6-23)

03.Priority of Uses. State Maintenance and Improvements has priority over all other use of the Idaho State Capitol. The conduct of business by the public entity or official occupying or controlling Private Space shall have priority over Public Use of the Idaho State Capitol. Public Use held under a Permit has priority over other Public Use.(4-6-23)

04.Use of Space Controlled by the Idaho Legislature. Use of space controlled by the Idaho legislature, including Public Use, is governed by chapter 16, title 67, Idaho Code, and the rules adopted by the Idaho legislature as described in Subsection 001.03 of these rules.(4-6-23)

IDAPA 38.04.08.201 (Reserved)

IDAPA 38.04.08.202 Equipment and Supplies

Except as provided in these rules, the Department will not provide equipment or supplies for use on the Idaho State Capitol. Where requested in a Permit application for use of the Jefferson Street Steps or the Public Space, the Department shall provide a podium and a public address system, unless such equipment is being repaired or replaced.

IDAPA 38.04.08.203 Establishment of Perimeters

Security Personnel and Law Enfo rcement may establish perimeters separating participants in Public Use of the Idaho State Capitol or State Events or Exhibits. Participants in and observers of any Public Use or State Events or Exhibits shall observe perimeters set pursuant to this section.(4-6-23)

IDAPA 38.04.08.204 Area Closures

The Director may direct that any portion of the Idaho State Capitol be closed for Public Use upon a finding that the closed portion of the Idaho State Capitol has sustained damage or is in imminent danger of sustaining damage. The closure directive shall identify the portion of the Idaho State Capitol closed, the damage that has occurred or that will occur without closure, and the estimated period of closure to restore or prevent the damage. A notice of closure and information on how to obtain a copy of the closure directive shall be posted at the closed portion of the Idaho State Capitol. Circumstances presenting an imminent danger of damage to the Exterior include, but are not limited to, the saturation of soil, turf, or landscaped areas with water, excessive foot traffic over landscaped areas, preventing turf or plants from obtaining adequate sunlight, and the buildup of ice or snow on landscaped areas.(4-6-23)

IDAPA 38.04.08.205 (Reserved)

IDAPA 38.04.08.300 Restrictions and Limitations on Use

The restrictions and limitations on use of the Idaho State Capit ol set forth in Sections 301 through 399 of these rules shall apply to all Public Use of the Idaho State Capitol.(4-6-23)

IDAPA 38.04.08.301 Uses Interfering with Access or Use of Facility

01.Interference With Primary Use of Idaho State Capitol. Events, Exhibits, and Public Use of the Idaho State Capitol shall not interfere with the primary use of the Idaho State Capitol. The primary uses of the Idaho State Capitol are legislative proceedings, public meetings and hearings, court proceedings, and the conduct of public business by agencies or officials of the state of Idaho that normally occupy and use the Idaho State Capitol. (4-6-23)

02.Interference With Access. Public Use of the Idaho State Capitol shall not block fire hydrants, fire or emergency vehicle lanes, vehicular drives, pedestrian walkways, doorways, steps or similar access routes through, in or out of the Idaho State Capitol.(4-6-23)

IDAPA 38.04.08.302 Locations and Hours

01.Interior Hours.

The hours for Public Use and public access to the Interior shall include the periods in which public meetings and other activities open to the public are held within the Interior. The hours for Public Use will be posted, where feasible, to the website containing official Idaho State Capitol information. Participants in Public Use of the Interior shall exit the Interior at the conclusion of the hours for Public Use. Public hours shall not be reduced during Public Use authorized under these rules unless an emergency or threat exists under Section 315 of these rules.(4-6-23)

02.Exterior Use Locations. In addition to limitations on the interference with access set forth in Section 301 of these rules and compliance with all fire, health, and safety codes, Public Use on the Exterior shall be:

a.On the Jefferson Street Steps or on hard surfaces, including concrete and granite, on the Exterior; and(4-6-23)

b.At least fifteen (15) feet from the exterior walls and windows of the Idaho State Capitol. (4-6-23)

IDAPA 38.04.08.303 Maintenance and Improvements

Public Use shall not interfere with State Maintenance and Improvements.

The regular maintenance and improvement schedule may be modified due to weather, staffing, emergency repairs, equipment failures, funding changes, contract modifications, State Events and Exhibits or other causes.(4-6-23)

IDAPA 38.04.08.304 Motorized Vehicles

Motorized vehicles not owned or operated by the state of Idaho or Law Enforcement must remain on designated roadways and parking areas. Parking of motorized vehicles is governed by IDAPA 38.04.04, “Capitol Mall Parking Rules.” Wheelchairs, motorized scooters, and other equipment providing individual mobility to individuals with a disability are not motorized vehicles for the purposes of this section.(4-6-23)

IDAPA 38.04.08.305 Bicycles, Skates, Skateboards, Scooters, and Other Non-Motorized

TRAN

SPORTATION.

Bicycles, skates, skateboards, and scooters m ay not be used at the Idaho State Capitol. Users of all other nonmotorized transportation must remain on designated pathways during use of the Exterior. Where indicated by a posted notice or where requested by Security Personnel, Law Enforcement or a state employee or agent supervising the Idaho State Capitol, users must store non-motorized transportation in a designated storage area on the Exterior.

Wheelchairs and other equipment providing individual mobility to individuals with a disability are not non-motorized transportation for the purposes of this section.(4-6-23)

IDAPA 38.04.08.306 Animals

The following apply to animals on the Idaho State Capitol:(4-6-23)

01.Wildlife. Unless authorized by the Director persons may not:(4-6-23)

a.Interfere with, hunt, molest, harm, frighten, kill, trap, chase, tease, annoy, shoot or throw any object at a wild animal on the Exterior.(4-6-23)

b.Feed, give or offer food or any noxious substance to a wild animal on the Exterior.(4-6-23)

02.Domestic Animals.(4-6-23)

a.Domestic animals are not allowed on the Exterior unless leashed and under the control of the person bringing the animal to the Exterior.(4-6-23)

b.Domestic animals are not allowed in the Interior unless the animal is a service animal necessary to assist individuals with disabilities or an animal in the service of Law Enforcement. Animals allowed under this rule must be leashed and under the control of the person bringing the animal to the Interior.(4-6-23)

c.The person bringing the domestic animal to the Exterior Idaho State Capitol shall have in his possession the equipment necessary to remove the animal’s fecal matter and immediately remove all fecal matter deposited by the animal. The person bringing the animal to the Interior shall have in his possession the equipment necessary to remove the animal’s urine and feces and immediately remove all urine and feces deposited by the animal.(4-6-23)

IDAPA 38.04.08.307 Landscaping and Improvements

Persons other than state employees or contractors designated by the Director may not:(4-6-23)

Plants. Damage, cut, carve, transplant or remove any plant including, but not limited to, trees, on the Exterior.(4-6-23)

02.Grass. Dig in or otherwise damage grass areas on the Exterior.(4-6-23)

03.Irrigation Equipment. Interfere with, damage or remove irrigation equipment on the Exterior.

04.Landscaping Materials. Move or alter landscaping materials on the Exterior including, but not limited to, rock, edging materials, and bark or mulch.(4-6-23)

05.Climbing. Climb or scale buildings, Commemorative Installations, trees, fences, posts or other improvements at the Idaho State Capitol.(4-6-23)

IDAPA 38.04.08.308 Food and Beverages

Consumption of food and beverages at the Idaho State Capitol is subject to the following:(4-6-23)

Consumption May Be Prohibited. The consumption of food and beverages, including water, may be prohibited by a notice posted at the entrance to all or a portion of the Exterior. Each authority granted control of a portion of the Interior as described in Section 67-1602, Idaho Code, may prohibit the consumption of food and beverages, including water, in that portion of the Interior by posting a notice at one (1) or more of the entrances to the portion of the Interior under its control.(4-6-23)

02.Alcohol. Alcohol may not be consumed or distributed on the Exterior or the Public Space. (4-6-23)

IDAPA 38.04.08.309 Smoking and Vaping

All persons shall observe the smoke free entrance notices and shall smoke or vape only in designated areas of the Exterior. Smoking and vaping is not allowed in the Interior.(4-6-23)

IDAPA 38.04.08.310 Fires, Candles, and Flames

No fires, candles or other sources of open flame are permitted at the Idaho State Capitol.(4-6-23)

IDAPA 38.04.08.311 Posters, Placards, Banners, Signs, Equipment, Tables, Materials, and

DISPLAYS.

01.Electrical Cords. Electrical cords must be protec ted by cord covers or gaffers tape to prevent an electrical or trip hazard.(4-6-23)

02.Railings. Items may not be placed on railings and persons may not sit or stand on railings. (4-6-23)

03.Tossing or Dropping Items. Items may not be tossed or dropped over railings or from one (1) level of the Idaho State Capitol or improvements at the Idaho State Capitol to another level or to the ground. (4-6-23)

04.Ingress or Egress. No item, including tables, chairs, exhibits, equipment, materials, and displays shall be located so as to block ingress or egress to any portion of the Idaho State Capitol, or to restrict the flow of individuals using the facility, or to restrict emergency egress or ingress.(4-6-23)

05.Attaching, Affixing, Leaning or Propping Materials. Posters, placards, banners, signs, and Displays, including any printed materials, shall not be affixed on any surface of the Idaho State Capitol or on any Exhibit or Commemorative Installation, post, railing, fence or landscaping, including trees. All posters, placards, banners, signs, and Displays must be free-standing or supported by individuals. Items may not be leaned or propped against any surface of the Idaho State Capitol or embedded into the ground including, but not limited to, placement of a stake, post or rod into the ground to support materials.(4-6-23)

06.Materials Causing Damage to Surfaces. Stages, risers, chairs, tables, sound equipment, props, materials, displays, and similar items shall be constructed and used in a manner that will not damage, scratch, dent, dig or tear any surface on the Idaho State Capitol or any systems or utilities of the Idaho State Capitol including, but not limited to, fire suppression systems, storm drains, ventilation systems, and landscape watering systems. (4-6-23)

07.Free Distribution of Literature and Printed Material. All literature and printed material must be distributed at no charge. The party distributing literature and printed material shall ensure periodically and at the conclusion of its use of the Idaho State Capitol that such material is not discarded outside of designated trash receptacles.(4-6-23)

08.Surface Markings. Users shall not use any material to mark on any surface of the Idaho State Capitol including chalk, paint, pens, ink, or dye.(4-6-23)

09.Capacity. The number of users in the Interior is limited to the capacity designated by health and safety officials including, but not limited to, the state fire marshal, the division of building safety, and the department of health and welfare.(4-6-23)

10.Moving Furniture and Items. The public shall not move furnishings owned by the state of Idaho or placed by agents or employees of the state of Idaho at the Idaho State Capitol, including chairs, benches, tables, signs, art, memorials, statues, or Exhibits.(4-6-23) 1.Sound Amplification. Except for amplification provided by the Department under a Permit and use by Law Enforcement or Security Personnel or by state employees and officials under Subsection 315.01 of these rules, sound amplification devices shall not be used in the Interior.(4-6-23)

IDAPA 38.04.08.312 Items Subject to Search

To enhance security and public safety, Security Personnel and Law Enforcement may inspect:(4-6-23)

Packages and Bags. Packages, backpacks, purses, bags, and briefcases reasonably suspected of concealing stolen items or items prohibited by law, including these rules.(4-6-23)

02.Items. Items brought to the Idaho State Capitol, if there is a reasonable suspicion that an item may be capable of injuring, damaging or harming persons or property at the Idaho State Capitol of disrupting the primary uses of the Idaho State Capitol in violation of law, including these rules.(4-6-23)

IDAPA 38.04.08.313 Prohibited Items

The following, as defined in title 18, chapter 33, Idaho Code, are not permitted at the Idaho State Capitol: bombs, destructi ve devices, shrapnel, weapons of mass destruction, biological weapons, and chemical weapons. Security Personnel or Law Enforcement may direct that any person at the Idaho State Capitol immediately remove from the Idaho State Capitol any club, bat, or other item that can be used in violation of law, including these rules, to injure, damage, or harm persons or property or to disrupt the primary uses of the Interior.(4-6-23)

IDAPA 38.04.08.314 Utility Service

The public may not use the utility services of the Idaho St ate Capitol other than restrooms and drinking fountains; provided, however, the Director may authorize limited use of electrical service for the duration of Public Use authorized by these rules. Utility services include, but are not limited to, electrical, sewage, water, heating, and geothermal services. The Director may terminate the use of utilities if such use interferes with the utility services of the Idaho State Capitol or the equipment or apparatus using utility service fails to comply with applicable rules or codes.(4-6-23)

IDAPA 38.04.08.315 Law Enforcement and Facility Exige

NCY – REMOVAL FOR NON-COMPLIANCE.

01.Emergency or Threat. In ca se of a fire, bomb threat, utility malfunction, structural failure or other unforeseen emergency or threat endangering public safety or health, or endangering public property, Law Enforcement, Security Personnel and state employees or officials may direct all persons off of or out of the Idaho State Capitol and delay or postpone any activity until the emergency or threat is abated.(4-6-23)

02.Removal. The Director, the Presiding Officer, or their designees are authorized to request that Law Enforcement remove or exclude any person from the Interior who engages in any of the following:(4-6-23)

a.Violation of law, including these rules, where such violation:(4-6-23)

i. Interferes with the primary uses of the Idaho State Capitol, injures persons or property, or is likely to injure persons or property, or,(4-6-23)

ii.Law Enforcement, Security Personnel, the Presiding Officer, or the Director or his designee has requested compliance with the applicable law, including provisions of these rules, and the person has refused to comply. (4-6-23)

b.Engaging in a riot, unlawful gathering or a gathering designed to impede the business of the state of Idaho in violation of Sections 18-6401 or 18-6404, Idaho Code.(4-6-23)

IDAPA 38.04.08.316 Compliance with Law

All use of the Idaho State Capitol shall comply with applicable law including, but not limited to, fire, health, and safety codes.( 4-6-23)

IDAPA 38.04.08.317 Health, Safety and Maintenance of State Facilities

01.Clean Condition After Use. Users shall le ave the Idaho State Capitol in reasonably clean condition after use, including depositing all trash in designated receptacles.(4-6-23)

02.Return of Items to Proper Location. Users shall return all items including, but not limited to, movable furniture and trash receptacles, to their location at the conclusion of use.(4-6-23)

03.Public Health. Persons may not excrete human waste at the Idaho State Capitol except in designated restroom facilities. For purposes of this section, excrete means the discharge of human waste from the body, including the acts of defecation and urination. For purposes of this section, human waste means human feces or human urine.(4-6-23)

04.Fireworks. Persons may not possess or use fireworks at the Idaho State Capitol.(4-6-23)

05.Attire. Persons in the Interior shall be fully clothed. Fully clothed means wearing shoes and one (1) or more garments extending from the wearer’s shoulders to the wearer’s legs.(4-6-23)

IDAPA 38.04.08.318 Removal of Items

All items brought to the Idaho State Capitol by the public shall be removed at the conclusion of the person’s use of the Idaho State Capitol. Unless items are subject to report and transfer to the state treasurer as unclaimed property pursuant to Idaho law, the Director may authorize disposal of items left at the Idaho State Capitol.(4-6-23)

IDAPA 38.04.08.319 (Reserved)

IDAPA 38.04.08.400 Permits

01.Use Without a Permit.

A Permit grants a reservation providing priority for use of the area specified in the Permit as set forth in Subsection 200.04 of these rules. Applicants desiring to obtain a Permit for use of the Exterior or the Public Space outside of the Permit areas, hours or duration or who have not submitted an application within the application period may use the Exterior or the Public Space, subject to the provisions of these rules, on a first-come, first used basis. Permits will be issued to groups of two (2) or more people.(4-6-23)

02.Permit Areas, Hours and Duration, and Number of Participants.(4-6-23)

a.The Director will consider and grant Permits only for:(4-6-23)

i.Public Use of the Jefferson Street Steps; and(4-6-23)

ii.Public Use of the Public Space on the second floor rotunda.(4-6-23)

b.The Director will issue Permits for the following periods:(4-6-23)

i.Reserving use of the Jefferson Street Steps only for the period between the hours of 7 a.m. and 6 p.m.; and(4-6-23)

ii.Reserving the Public Space on the second floor rotunda during the hours of use in Section 302 of these rules.(4-6-23)

c.The duration of a Permit for the Jefferson Street Steps will not exceed four (4) consecutive hours.

The duration of a Permit for the Public Space will not exceed eight (8) consecutive hours.(4-6-23)

d.The Director will issue a Permit only for Public Use involving two (2) or more persons.(4-6-23)

03.Application Period. Permit applications must be received and complete at least two (2) State Business Days prior to the requested date and time period of the Permit. The Department will not accept applications submitted more than six (6) months prior to the requested date of the Permit.(4-6-23)

04.Validity. Permits are valid only for the dates, times, and locations specified on the Permit as approved by the Director.(4-6-23)

05.Distribution. Permits shall be granted by the Director on a first-come, first-served basis, subject to Subsection 200.03 of these rules. Only one (1) Permit will be granted for the Jefferson Street Steps or the Public Space during any period of time.(4-6-23)

06.Application Requirements. Applications for a Permit shall be in writing on a form prescribed by the Director and available at the office of the Division of Public Works and the Department’s website. The Director will only process applications that are complete and signed by the individual making a request or an authorized representative of the entity or organization making the request. The Director may make reasonable inquiry to confirm the accuracy of the application and the authority of the party signing the application.(4-6-23)

07.Conditions. The Director may impose reasonable conditions on the use of the Idaho State Capitol in the Permit for the purpose of protecting persons and property.(4-6-23)

08.Transferability. Permits are non-transferable.(4-6-23)

IDAPA 38.04.08.401 Approvals and Denials of a Permit Application

01.Period for Approval or Denial.

The Department will approve or deny a complete application within two (2) State Business Days of the submission of the application.(4-6-23)

02.Basis for Denial. Permits may be denied for one (1) or more of the following:(4-6-23)

a.A Permit has been granted for all or part of the requested location during all or part of the requested time period.(4-6-23)

b.A public entity or official will be using all or part of the requested location during all or part of the requested time period.(4-6-23)

c.The requested use would violate any provision of these rules or applicable law.(4-6-23)

d.These rules do not authorize the use for the location or times requested or do not authorize the issuance of a Permit for the location requested.(4-6-23)

e.The Permit application is incomplete, contains a material falsehood, or contains a material misrepresentation.(4-6-23)

f.The Permit applicant has not certified that the applicant will comply with these rules or applicable

law.(4-6-23)

g.The party signing the application is not legally competent to bind themselves or the organization or entity submitting the application.(4-6-23)

h.The individual, organization or entity submitting the application:(4-6-23)

i.Failed to pay costs or damages arising from an earlier use of any state facility;(4-6-23)

ii.Made a material misrepresentation regarding the nature or scope of the use on a prior Permit application;(4-6-23)

iii.Violated the terms of prior Permits issued to the individual, organization or entity; or(4-6-23)

iv.Violated any applicable law in the course of previous Public Use of state of Idaho facilities.

i.The requested use would cause a clear and present danger to the orderly processes of state of Idaho government or to the use of the Idaho State Capitol due to advocacy of:(4-6-23)

i.The violent overthrow of the government of the United States, the state of Idaho, or any political subdivision thereof;(4-6-23)

ii.The willful damage or destruction, or seizure and subversion of public property;(4-6-23)

iii.The forcible disruption or impairment of or interference with the regularly scheduled functions of the state of Idaho;(4-6-23)

iv.The physical harm, coercion, intimidation or other invasions of the lawful rights of public officials or the public; or(4-6-23)

v.Other disorders of a violent nature.(4-6-23)

IDAPA 38.04.08.402 Revocation of a Permit

A Permit may be revoked by the Director for the violation of any term or condition of the Permit or the violation of law in cluding, but not limited to, the violation of any provision of these rules.(4-6-23)

IDAPA 38.04.08.403 Appeals

01.Time for Appeal.

The individual or the organization or entity submitting an application may request that the Department initiate a contested case within the period set forth below. The Department will not initiate a contested case after the following periods:(4-6-23)

a.Seven (7) State Business Days following the written denial of an application for a Permit; (4-6-23)

b.Seven (7) State Business Days following the revocation of a Permit; and (4-6-23)

c.Seven (7) State Business Days following the date the Department was required to approve or deny the application for a Permit pursuant to Section 401 of these rules.(4-6-23)

02.Requesting an Appeal. The individual or the organization or entity submitting an application shall request an appeal in writing, with a physical copy delivered to the Director at the street address set forth on the Department’s website containing the following:(4-6-23)

a.The name, address, and contact information of the appellant;(4-6-23)

b.A concise statement of the reason the appeal should be granted;(4-6-23)

c.Whether the appellant requests informal disposition to expedite the contested case; and(4-6-23)

d.A description of the Permit sought.(4-6-23)

03.Informal Disposition. If an appellant requests informal disposition, the Director will accept written evidence submitted within five (5) State Business Days of the appeal request, or as otherwise agreed by the Director and the appellant. The Director will issue a final written order affirming, reversing or modifying the denial or revocation of the Permit.(4-6-23)

04.Contested Cases. If an appellant does not request informal disposition, the Director will schedule a hearing and proceed as set forth in chapter 52, title 67, Idaho Code. Contested cases will be governed by the provisions of IDAPA 04.11.01, “Idaho Rules of Administrative Procedure of the Attorney General.”(4-6-23)

05.Judicial Review. Judicial review of orders issued in an appeal is provided as set forth in chapter 52, title 67, Idaho Code.(4-6-23)

IDAPA 38.04.08.404 (Reserved)

IDAPA 38.04.08.500 Liability

01.State Liability. Noth ing in these rules shall extend the liability of the state of Idaho beyond that provided in the Idaho Tort Claims Act, chapter 9, title 6, Idaho Code.(4-6-23)

02.No Endorsement. The grant of a Permit and any action or inaction of the Department does not imply endorsement or approval by the state of Idaho of the actions, objectives or views of participants in Public Use of the Idaho State Capitol.(4-6-23)

IDAPA 38.04.08.501 (Reserved)

38.04.06 Rules Governing Use of State Property in the Capitol Mall, Multi-Agency Facilities, and Other State Properties

IDAPA 38.04.06.000 Legal Authority

Section 67-5709, Idaho Code, gives the Direct or of the Department of Administration authority to promulgate rules governing the state properties in the Capitol Mall, Multi-agency Facilities, and Other State Properties.(4-6-23)

IDAPA 38.04.06.001 Scope

These rules contain the provisions for use of the Capitol Mall Of fice Properties, the Capitol Annex, the Parking Facilities, the Other State Properties, and the Multi-agency Facilities.(4-6-23)

IDAPA 38.04.06.002 (Reserved)

IDAPA 38.04.06.010 General Definitions

The definitions in this section may be supplemented or mo dified by definitions in separate subchapters.(4-6-23)

01.Camping. Any activity prohibited under Section 67-1613, Idaho Code.(4-6-23)

02.Capitol Annex. The Interior and Exterior of the real property located at 514 West Jefferson Street, Boise, Idaho and occupying block 65 as shown on the Boise City original townsite plat filed in the Ada County Recorder’s office in Book 1 on page 1.(4-6-23)

03.Capitol Mall Office Properties. The Interior and Exterior of the real property set forth in Section 67-5709(2)(a) and (b), Idaho Code. The Capitol Mall Office Properties do not include the Idaho State Capitol or its grounds or the Capitol Mall Annex.(4-6-23)

04.Commemorative Installation. Any statue, monument, sculpture, memorial or landscape feature designed to recognize a person, group, event or element of history.(4-6-23)

05.Common Space. The portion of a State Facility that is not Tenant Space. Common Space includes, but is not limited to, interior lobbies not within Tenant Space and restrooms not accessed through Tenant Space.

Common Space does not include Tenant Space or any area marked “private,” “no admission,” “staff only,” or similarly designated as not open to the public.(4-6-23)

06.Department. The Department of Administration.(4-6-23)

07.Director. The Director of the Department of Administration or his designee.(4-6-23)

08.Display. An attended exhibition or installation of physical items during an Event.(4-6-23)

09.Event. Any activity including, but not limited to, arts or cultural presentations, weddings, dinners, award ceremonies, memorials, and seminars.(4-6-23)

10.Exhibit. Exhibitions or installations of physical items outside of an Event including, but not limited to, commemorative installations, floral displays, art objects, historical artifacts, and cultural objects.(4-6-23)

11.Exterior. The exterior of a State Facility, including the real property, the grounds, and the improvements on the exterior of the State Facility.(4-6-23)

12.Interior. The interior spaces within a State Facility.(4-6-23)

13.Multi-Agency Facilities. The Interior and Exterior of the properties set forth in Section 102 of these rules.(4-6-23)

14.Other State Properties. The Interior and Exterior of the properties property set forth in Section 101 of these rules.(4-6-23)

15.Parking Facilities. The Interior and Exterior of the properties set forth in Section 67-5709(2)(b), Idaho Code.(4-6-23)

16.Private Event or Private Exhibit. Any activity sponsored or initiated by a member of the public that is open only to invited or qualifying individuals or groups. Private Events and Private Exhibits include, but are not limited to, weddings, dinners, award ceremonies, memorials, and seminars.(4-6-23)

17.Public Use. Use that is not:(4-6-23)

a.A State Event or Exhibit;(4-6-23)

b.Use by a public officer, official, employee, contractor, agency, or board or commission for state of Idaho business;(4-6-23)

c.State Maintenance and Improvements; or(4-6-23)

d.Use by a Tenant.(4-6-23)

18.Security Personnel. A state of Idaho employee or a staff member of a state of Idaho contractor whose job duties include monitoring compliance with and enforcing these rules.(4-6-23)

19.State Business Day. Monday through Friday, excluding the holidays set forth in Section 73-108, Idaho Code.(4-6-23)

20.State Events and Exhibits. All functions initiated and controlled by any state of Idaho agency, board, commission, officer or elected official acting on behalf of the state of Idaho.(4-6-23)

21.State Facilities. The Capitol Mall Office Properties, the Capitol Annex, the Multi-agency Facilities, the Parking Facilities and the Other State Properties. Use of the phrase “at the State Facilities” includes the Exterior and Interior of the State Facilities. Use of the singular “State Facility” means any of the properties within the definition of State Facilities.(4-6-23)

22.State Maintenance and Improvements. Maintenance or improvement of the State Facilities by the state of Idaho or its contractors. Maintenance for the purpose of this definition includes, but is not limited to, grounds maintenance such as mowing, watering, landscaping, aerating, turf installation and repair, resodding, fertilizing and planting, and structural maintenance such as pressure washing, painting, window cleaning and window re-glazing. Improvement for the purpose of this definition includes, but is not limited to, the following: construction of new buildings or portions of buildings; renovations to existing buildings; the installation of permanent structures and equipment such as benches, sprinklers, flagpoles, monuments and memorials; and, the installation of temporary equipment and structures such as construction fencing, generators and portable buildings.(4-6-23)

23.Tenant. A state of Idaho officer, official, agency, board or commission or a public agency or a private individual or entity with a license or lease to use a State Facility.(4-6-23)

24.Tenant Space. The portion of the Exterior licensed or leased to a private individual or entity and the portion of the Interior occupied by a state of Idaho officer, official, agency, board or commission or leased to a public agency or a private individual or entity.(4-6-23)

IDAPA 38.04.06.011 (Reserved)

SUBCHAPTER B – APPLICATION TO OTHER STATE PROPERTIES

AND MULTI-AGENCY FACILITIES

IDAPA 38.04.06.101 Other State Properties

These rules apply to the following Other State Properties pursuant to the request of the state of Idaho public entity owning or controlling the property: (4-6-23)

01.Idaho State Historical Society Properties.(4-6-23)

a.The following properties owned or operated by the Idaho State Historical Society are Other Properties under these rules:(4-6-23)

i.Idaho State Historical Museum, located at 610 North Julia Davis Drive, Boise, Idaho.(4-6-23)

ii.Old U.S. Assay Office, located at 210 Main Street, Boise, Idaho.(4-6-23)

iii.Old Penitentiary site located in Boise, Idaho and defined in Section 58-337, Idaho Code. (4-6-23)

iv.Idaho History Center, located at 2205 Old Penitentiary Road, Boise, Idaho.(4-6-23)

v.Franklin Historic Properties, located in Franklin, Idaho. The Franklin Historic Properties include the Franklin Co-operative Mercantile Institution Building, the Hatch House, the Doney House, and the Relic Hall.

vi.Pierce Courthouse, located in Pierce, Idaho.(4-6-23)

vii.Rock Creek Station and Stricker Homesite, located at 3715 Stricker Cabin Road, Hansen, Idaho.

b.The following sections of these rules apply to the Idaho State Historical Society Properties set forth in Paragraph 101.01.a. of these rules only as modified by this Paragraph 101.01.b.:(4-6-23)

i.Subsection 010.07. “Director” means the Executive Director of the Idaho State Historical Society when these rules are applied to the Idaho State Historical Society Properties.(4-6-23)

ii.Subsection 200.01. “Authorized Uses by the Public” applies except that the Director may authorize Private Events or Exhibits and the exclusion of members of the public from attending Private Events and Exhibits.

For the purpose of this subsection, the grant of a lease or a license is authorization to exclude members of the public from a Private Event or Exhibit.(4-6-23)

iii.Section 302. “Maintenance and Improvements” applies as if the Idaho State Historical Properties were Capitol Mall Office Properties unless otherwise designated at the property, or posted on the Idaho State Historical Society website.(4-6-23)

iv.Subsection 305.02. “Domestic Animals” applies unless a sign at the property specifies that domestic animals are not permitted.(4-6-23)

c.The Idaho State Historical Society Properties set forth in Paragraph 101.01.a. of these rules may be licensed or leased and such license or lease may vary the provisions of these rules applicable to use of the property under this chapter, including but not limited to the following: commercial use; Public Use; Private Events or Exhibits; consumption and distribution of alcohol; affixing of materials to the Idaho State Historical Society Properties; use of sound amplification; fireworks displays; and, use of utilities.(4-6-23)

02.Idaho Division of Veterans Services Properties.(4-6-23)

a.The following properties owned or operated by the Idaho Division of Veterans Services are “Other State Properties” under these rules:(4-6-23)

i.Idaho Division of Veterans Services Central Support Office, located at 351 Collins Road, Boise, Idaho.(4-6-23)

ii.Idaho State Veterans Home – Boise, located at 351 Collins Road, Boise, Idaho.(4-6-23)

iii.Idaho State Veterans Home – Lewiston, located at 821 21st Avenue, Lewiston, Idaho.(4-6-23)

iv.Idaho State Veterans Home – Pocatello, located at 1957 Alvin Ricken Drive, Pocatello, Idaho.

v.Idaho State Veterans Home – Post Falls, located at 590 S. Pleasant View Road 101, Post Falls, Idaho.(4-6-23)

vi.Idaho State Veterans Cemetery – Boise, located at 10100 N. Horseshoe Bend Road, Boise, Idaho.

vii.Idaho State Veterans Cemetery – Blackfoot, located at 2651 Cromwell Lane, Blackfoot, Idaho.

b.The following subsections of these rules apply to the Idaho Division of Veterans Services properties set forth in Paragraph 101.02.a. of these rules only as modified by this Paragraph 101.02.b.:(4-6-23)

i.Subsection 010.07. “Director” means the Chief Administrator of the Division of Veterans Services when these rules are applied to the Idaho Division of Veterans Services properties set forth in Paragraph 101.02.a. of these rules.(4-6-23)

ii.Subsection 200.01. “Public Use” shall not apply to the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules. Such properties include the exterior courtyards, patios, gardens, outside yards, and other similar residential spaces directly adjacent to the homes.(4-6-23)

iii.Subsection 200.02.a. “Prohibited Uses” applies except those concessions at the Idaho Division of Veterans Services properties authorized by the Director are not commercial activity prohibited by these rules.

iv.Subsection 200.02.b. “Prohibited Uses” applies except those activities conducted by residents or staff of the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules may include the indicia of camping set forth in Section 67-1613, Idaho Code.(4-6-23)

v.Subsection 200.02.c. “Prohibited Uses” applies except as set forth in this subsection.(4-6-23)

(1) The Director may authorize Private Events or Exhibits and the exclusion of members of the public from attending Private Events and Exhibits. For the purpose of this subsection, the grant of a lease or a license is authorization to exclude members of the public from a Private Event or Exhibit.(4-6-23)

(2) Burial services conducted by the Idaho State Veterans Cemeteries set forth in Paragraphs 101.02.a.vi. and vii. exclude the public. The public may not use portions of such cemeteries during burial services as directed by cemetery staff.(4-6-23)

vi.Subsection 305.01.b. “Wildlife” applies except that the Director may authorize residents and staff of the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules to feed wildlife.(4-6-23)

vii.Subsection 305.02. “Domestic Animals” applies except that the Director may authorize domestic animals in the interior of the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules.(4-6-23) viii.Subsection 307.02. “Alcohol” applies except as authorized by the Director for the prescribed medical treatment of a resident of the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules.

ix.Subsection 309. “Fire, Candles, and Flames” applies except that the Director may authorize the use of flames for the cooking of food by staff, contractors, and lessees or licensees.(4-6-23)

x.Subsection 310.08 “Surface Markings” applies except transitory chalk may be used in areas and at times designated by the Director at the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules.

xi.Subsection 317.04 “Fireworks” applies except fireworks displays authorized by the Director.

03.Idaho Department of Labor Properties.(4-6-23)

a.The following properties owned or operated by the Idaho Department of Labor are “Other State Properties” under these rules:(4-6-23) i.600 N. Thornton Street, Post Falls, Idaho.(4-6-23) ii.613 Ridley Village Road, Suite C, Sandpoint, Idaho.(4-6-23) iii.1158 Idaho Street, Lewiston, Idaho.(4-6-23) iv.4514 Thomas Jefferson Street, Caldwell, Idaho.(4-6-23) v.317 W. Main Street, Boise, Idaho.(4-6-23) vi.219 W. Main Street, Boise, Idaho.(4-6-23) vii.420 Falls Avenue, Twin Falls, Idaho.(4-6-23) viii.127 West 5th Street North, Burley, Idaho.(4-6-23) ix.430 North 5th Avenue, Pocatello, Idaho.(4-6-23) x.1515 East Lincoln Road, Idaho Falls, Idaho.(4-6-23)

b.Subsection 010.07. “Director” means the Director of the Department of Labor when these rules are applied to the Idaho Department of Labor properties set forth in Paragraph 101.03.a. of these rules.(4-6-23)

IDAPA 38.04.06.102 Multi-Agency Facilities

These rules apply to the following Multi-agency Facilities managed and administered by the Department.(4-6-23)

Lewiston State Office Building. Lewiston State Office Building, 1118 F Street, Lewiston, Idaho 83501.(4-6-23)

02.Idaho Falls State Office Building. Idaho Falls State Office Building, 150 Shoup Avenue, Idaho Falls, Idaho 83401.(4-6-23)

03.Chinden Office Complex. The Chinden Office Complex is located in Boise, Idaho and bounded to the north by West Chinden Boulevard, to the west by North Cloverdale Road, to the east by North Five Mile Road, and to the south by the Jones-Stiburek, Orchid Point, De Meyer Estates No. 7, Hickories No. 1, 9 and 12, Hickories East and EMS Avenue Subdivisions. The Chinden Office Complex includes Buildings 1 through 8 and the grounds adjacent to such buildings.(4-6-23)

IDAPA 38.04.06.103 (Reserved)

SUBCHAPTER C – GENERAL RULES FOR PUBLIC USE

IDAPA 38.04.06.200 Use of State Facilities

01.Authorized Uses by the Public. Except as provided otherwise in these rules, the State Facilities are available for Public Use.(4-6-23)

02.Prohibited Uses. The following uses are prohibited at the State Facilities:(4-6-23)

a.Commercial Activity. The State Facilities shall not be used for any activity conducted for profit and persons may not solicit to sell any merchandise or service at the State Facilities. The following are not commercial activity prohibited by this subsection:(4-6-23)

i.Meetings or conferences for public employees or their relatives describing employee benefits and approved by a state of Idaho agency.(4-6-23)

ii.Concessions authorized by law.(4-6-23)

iii.Vaccinations may be provided in exchange for a fee without the prior written permission of the Director where approved by a state of Idaho agency, board, commission or elected official.(4-6-23)

iv.The conduct of business by a Tenant.(4-6-23)

b.Camping.(4-6-23)

c.Private Events and Exhibits.(4-6-23)

03.Priority of Uses. State Maintenance and Improvements have priority over all other use of the State

04.Limitations on Public Access and Use.(4-6-23)

a.Public Access to the Interior. Public access to the Interior and to Tenant Space is limited to the conduct of business with a Tenant.(4-6-23)

b.Common Space. The public shall not use the Common Space for Events, Exhibits, or Displays.

c.Hours of Use.(4-6-23)

i.Unless otherwise provided in these rules or when extended hours are posted at the public entrance to a State Facility, the hours for public access to the Interior of the State Facilities are 8 a.m. to 5 p.m. on State Business Days.(4-6-23)

ii.The hours of use of the Parking Facilities are governed by IDAPA 38.04.04, “Capitol Mall Parking Rules.”(4-6-23)

iii.The hours for public access to the Exterior of the Chinden Office Complex are from sunrise to sunset.(4-6-23)

d.Restricted Areas. Areas of the State Facilities marked “private,” “no admission,” “staff only,” or similarly designated as not open to the public are not available for public use.(4-6-23)

IDAPA 38.04.06.201 (Reserved)

IDAPA 38.04.06.202 Equipment and Supplies

Except as provided in these rules, the Department will not provide equipment or supplies for use of the State

IDAPA 38.04.06.203 Establishment of Perimeters

Security Personnel and law enforcem ent may establish perimeters separating participants in Public Use of the State Facilities or State Events and Exhibits. Participants in and observers of any Public Use or State Events and Exhibits shall observe perimeters set pursuant to this section.(4-6-23)

IDAPA 38.04.06.204 Area Closures

The Director may direct that any portion of the State Facilities be closed for Public Use upon a finding that the closed portion of the State Facilities has sustained damage or is in imminent danger of sustaining damage. The closure directive shall identify the portion of the State Facilities closed, the damage that has occurred or that will occur without closure, and the estimated period of closure to restore or prevent the damage. A notice of closure and information on how to obtain a copy of the closure directive shall be posted at the closed portion of the State Facilities. Circumstances presenting an imminent danger of damage to the State Facilities include, but are not limited to, the saturation of soil, turf, or landscaped areas with water, excessive foot traffic over landscaped areas, preventing turf or plants from obtaining adequate sunlight, and the buildup of ice or snow on landscaped areas.(4-6-23)

IDAPA 38.04.06.205 (Reserved)

IDAPA 38.04.06.300 Restrictions and Limitations on Use

The restrictions and limitations on use of the State Facilities set forth in Sections 301 through 399 of these rules apply to all Public Use of the State Facilities. The lease or license of Tenant Space may vary from these rules for use by the Tenant, its employees, and its invited guests. Subchapters of these rules applicable to a State Facility may vary from the rules in Sections 200 through 399 of these rules for Public Use of the State Facility.(4-6-23)

IDAPA 38.04.06.301 Uses Interfering with Access or Use of Facility

01.Interference with Primary Use of Facility or Real Property. Public Use of the State Facilities shall not interfere with the primary use of the facility or real property adjoining the facility. The primary uses of the State Facilities include, but are not limited to, public meetings and hearings, court proceedings, and the conduct of public business by agencies or officials of the state of Idaho that normally occupy and use the affected facility or the real property adjoining the facility. The primary use of the State Facilities also includes the conduct of business by Tenants leasing or licensing a portion of the State Facility.(4-6-23)

02.Interference with Access. Public Use of the State Facilities shall not block fire hydrants, fire or emergency vehicle lanes, vehicular drives, pedestrian walkways, doorways, steps or similar access routes through, in or out of the State Facilities.(4-6-23)

IDAPA 38.04.06.302 Maintenance and Improvements

Public Use shall not interfere with State Maintenance and Improvements. The Department will publish the regular maintenance and improvement schedule at the Department’s website. The regular maintenance and improvement schedule may be modified due to weather, staffing, emergency repairs, equipment failures, funding changes, contract modifications, State Events and Exhibits or other causes arising after the schedule’s publication.(4-6-23)

IDAPA 38.04.06.303 Motorized Vehicles

01.Operation on Designated Areas. M otorized vehicles not owned or operated by the state of Idaho or law enforcement must remain on designated roadways and parking areas.(4-6-23)

02.Parking. Parking of motorized vehicles at the Capitol Mall is governed by IDAPA 38.04.04, “Capitol Mall Parking Rules.” Except as provided in IDAPA 38.04.04, Public Use of the State Facilities for parking is limited to the period the operator or passengers are using the State Facility in compliance with these rules. Unless approved by the Director, the public shall not park motorized vehicles overnight at the State Facilities. Public parking may be limited to designated parking areas.(4-6-23)

03.Towing. Motorized vehicles parked outside of designated parking areas and times may be towed without notice at the vehicle owner’s expense.(4-6-23)

04.Excluded Vehicles. Wheelchairs, motorized scooters, and other equipment providing individual mobility to the disabled are not motorized vehicles for the purposes of this section.(4-6-23)

IDAPA 38.04.06.304 Bicycles, Skates, Skateboards, Scooters, and Other Non-Motorized

TRAN

SPORTATION.

Bicycles, skates, skateboards, and scooters may not be used at the State Facilities. Users of all other non-motorized transportation must remain on designated pathways during use. Where indicated by a posted notice or where requested by Security Personnel, law enforcement or a state employee or agent supervising a State Facility, users must store non-motorized transportation in a designated storage area on the exterior of a State Facility. Wheelchairs and other equipment providing individual mobility to the disabled are not non-motorized transportation for the purposes of this section.(4-6-23)

IDAPA 38.04.06.305 Animals

The following apply to animals at the State Facilities:

01.Wildlife. Unless authorized by the Director, persons may not:(4-6-23)

a.Interfere with, hunt, molest, harm, frighten, kill, trap, chase, tease, annoy, shoot, or throw any object at a wild animal at the State Facilities.(4-6-23)

b.Feed, give, or offer food or any noxious substance to a wild animal at the State Facilities. (4-6-23)

02.Domestic Animals.(4-6-23)

a.Domestic animals are not allowed at the State Facilities unless leashed and under the control of the person bringing the animal to the State Facility.(4-6-23)

b.The person bringing the animal to the Exterior of the State Facilities shall have in his possession the equipment necessary to remove the animal’s fecal matter and immediately remove all fecal matter deposited by the animal.(4-6-23)

c.Animals are not allowed at the Interior unless the animal is a service animal necessary to assist individuals with disabilities or an animal in the service of Law Enforcement. The person bringing the animal to the Interior shall have in his possession the equipment necessary to remove the animal’s urine and feces and immediately remove all urine and feces deposited by the animal.(4-6-23)

IDAPA 38.04.06.306 Landscaping

Unless authorized by the Director, no person shall:(4-6-23)

Plants. Damage, cut, carve, transplant or remove any plant, including but not limited to trees, at the State Facilities.(4-6-23)

02.Grass. Dig in or otherwise damage grass areas at the State Facilities.(4-6-23)

03.Irrigation Equipment. Interfere with, damage or remove irrigation equipment at the State

04.Landscaping Materials. Move or alter landscaping materials at the State Facilities including, but not limited to, rock, edging materials, and bark or mulch.(4-6-23)

05.Climbing. Climb or scale buildings, memorials, statues, trees, fences, or improvements at the State

IDAPA 38.04.06.307 Food and Beverages

Consumption of food and beverages at the State Facilities is subject to the following:(4-6-23)

Consumption May Be Prohibited. The consumption of food and beverages may be prohibited by a notice posted at the entrance to all or a portion of the State Facilities.(4-6-23)

02.Alcohol. Alcohol may not be consumed or distributed at the State Facilities.(4-6-23)

IDAPA 38.04.06.308 Smoking

All persons shall observe the smoke free ent rance notices and smoke or vape only in designated Exterior areas.

Smoking and vaping is not allowed in the Interior.(4-6-23)

IDAPA 38.04.06.309 Fires, Candles, and Flames

No fires, candles, or other sources of open flame are permitted at the State Facilities.

IDAPA 38.04.06.310 Posters, Placards, Banners, Signs, Equipment, Tables, Materials, and

DISPLAYS.

01.Electrical Cords. Electrical cords must be protec ted by cord covers or gaffers tape to prevent an electrical or trip hazard.(4-6-23)

02.Railings and Stairways. Items may not be placed on railings or stairways and no persons shall sit or stand on railings or stairways.(4-6-23)

03.Tossing or Dropping Items. Items may not be tossed or dropped over railings or from one level of a facility to another level or to the ground.(4-6-23)

04.Ingress or Egress. No item, including tables, chairs, exhibits, equipment, materials, and Displays shall be located so as to block ingress or egress to any portion of the State Facilities, or to restrict the follow of individuals using the facility, or to restrict emergency egress or ingress.(4-6-23)

05.Attaching, Affixing, Leaning, or Propping Materials. Posters, placards, banners, signs, and Displays, including any printed materials, shall not be affixed on any exterior surface of the State Facilities not designed for that purpose or on any permanent Commemorative Installation, post, railing, fence or landscaping, including trees. All posters, placards, banners, signs, and Displays must be free-standing or supported by individuals.

Items may not be leaned or propped against any exterior surface of the State Facilities or embedded into the ground, including, but not limited to, placement of a stake, post, or rod into the ground to support materials.(4-6-23)

06.Materials Causing Damage to Exterior Surface. Stages, risers, chairs, tables, sound equipment, props, materials, Displays, and similar items shall be constructed and used in a manner that will not damage, scratch, dent, dig or tear any surface at the State Facilities or any systems or utilities of the State Facilities including, but not limited to, fire suppression systems, storm drains, ventilation systems, and landscape watering systems.(4-6-23)

07.Free Distribution of Literature and Printed Material. All literature and printed material must be distributed at no charge. The party distributing literature and printed material shall ensure periodically and at the conclusion of its use of the State Facilities that such material is not discarded outside of designated trash receptacles.

08.Surface Markings. Users shall not use any material to mark on any surface of the State Facilities including chalk, paint, pens, ink, or dye.(4-6-23)

IDAPA 38.04.06.311 Items Subject to Search

To enhance security and public safety, Security Personnel or law enforcement may inspect:(4-6-23)

Packages and Bags. Packages, backpacks, purses, bags, and briefcases reasonably suspected of concealing stolen items or items prohibited by these rules.(4-6-23)

02.Items. Items brought to the State Facilities, if there is a reasonable suspicion that an item may be capable of injuring, damaging or harming persons or property at the State Facilities.(4-6-23)

IDAPA 38.04.06.312 Prohibited Items

The following, as defined in Title 18, C hapter 33, Idaho Code, are not permitted at the State Facilities: bombs, destructive devices, shrapnel, weapons of mass destruction, biological weapons, and chemical weapons. Security Personnel or law enforcement may direct that any person at the State Facilities immediately remove from the State Facilities any club, bat, or other item that can be used to injure, damage, or harm persons or property.(4-6-23)

IDAPA 38.04.06.313 (Reserved)

IDAPA 38.04.06.314 Utility Service

The public may not use the utility servi ces of the State Facilities other than restrooms; provided, however, the Director may authorize limited use of electrical service for the duration of Public Use authorized by these rules.

Utility services include, but are not limited to, electrical, sewage, water, heating, and geothermal services. The Director may terminate the use of utilities if such use interferes with the utility services of the State Facilities or the equipment or apparatus using utility service fails to comply with applicable rules or codes.(4-6-23)

IDAPA 38.04.06.315 Law Enforcement and Facility Exigency

In case of a fire, bomb threat, utility malfunction, structural failure or other unforeseen emergency or threat endangering public safety or health, or endangering public property, law enforcement, Security Personnel and state employees or officials may direct all persons off of the State Facilities and delay or postpone any activity until the emergency or threat is abated.(4-6-23)

IDAPA 38.04.06.316 Compliance with Law

All use of the State Facilities shall compl y with applicable law including, but not limited to, fire and safety codes.

IDAPA 38.04.06.317 Health, Safety, and Maintenance of State Facilities

01.Clean Condition After Use. Us ers shall leave the State Facilities in reasonably clean condition after use, including depositing all trash in designated receptacles.(4-6-23)

02.Items Return to Proper Location. Users shall return all items including, but not limited to, movable furniture and trash receptacles, to their location at the conclusion of the use.(4-6-23)

03.Public Health. No person shall excrete human waste at the State Facilities except in designated restroom facilities. For purposes of this section, excrete means the discharge of human waste from the body, including the acts of defecation and urination. For purposes of this section, human waste means human feces or human urine.(4-6-23)

04.Fireworks. No person shall possess or use fireworks at the State Facilities.(4-6-23)

IDAPA 38.04.06.318 Removal of Items

All items brought to the State Facilities by the public shall b e removed at the conclusion of the person’s use of the State Facility and prior to the expiration of each day’s hours of use by the public. Unless items are subject to report and transfer to the state treasurer as unclaimed property pursuant to Idaho law, the Director may authorize disposal of items left at the State Facilities.(4-6-23)

IDAPA 38.04.06.319 (Reserved)

IDAPA 38.04.06.400 Liability

01.State Liability. Noth ing in these rules shall extend the liability of the state of Idaho beyond that provided in the Idaho Tort Claims Act, Title 6, Chapter 9, Idaho Code.(4-6-23)

02.No Endorsement. Action or inaction of the Department shall not imply endorsement or approval by the state of Idaho of the actions, objectives or views of participants in Public Use of the State Facilities. (4-6-23)

IDAPA 38.04.06.401 (Reserved)

SUBCHAPER D – RULES FOR PUBLIC USE OF THE CHINDEN OFFICE COMPLEX

IDAPA 38.04.06.500 Additional Definitions

The following additional definitions apply to Public Use of the Chinden Office Complex:(4-6-23)

01.Recreational Facilities. Facilities designated by the Director for Recreational Use.(4-6-23)

02.Recreational Use. Use for leisure or athletic purposes such as picnicking and sports practices or informal sports games.(4-6-23)

IDAPA 38.04.06.501 Use of Recreational Facilities

The Director may authorize reservation of Recreational Faciliti es under this section by a Tenant and the exclusion of members of the public from use of Recreational Facilities during reserved periods. Unless reserved by a Tenant, Recreational Facilities are available for Recreational Use by the public on a first-come, first-used basis from sunrise to sunset daily.(4-6-23)

IDAPA 38.04.06.502 Alcohol

Section 307 of these rules is modified by this section. Alcohol may be consumed or distributed in the Tenant Space at the Chinden Office Complex if such space is licensed or leased to a private individual or entity.(4-6-23)

IDAPA 38.04.06.503 Fires, Candles, and Flames

Section 309 of these rules is modified by this section. Fi res and other sources of open flame are permitted in designated barbecue facilities at the Chinden Office Complex.(4-6-23)

IDAPA 38.04.06.504 Use of Waterways

No person shall swim, fish, or wade in waterways at the Chinden Office Complex. Persons bringing domestic animals to th e Chinden Office Complex shall not permit the animal to swim or wade in waterways at the Chinden Office Complex. Waterways include ponds, ditches, and canals.(4-6-23)

IDAPA 38.04.06.505 (Reserved)

38.05.01 Rules of the Division of Purchasing

IDAPA 38.05.01.000 Legal Authority

Section 67-9205(11), Idaho Code.(7-1-25)

IDAPA 38.05.01.001 Scope

These rules govern any other state agency acquiring property under these rules or through delegated authority.

IDAPA 38.05.01.002 (Reserved)

IDAPA 38.05.01.011 Definitions

The definitions set forth in Section 67-9203, Idaho Code, apply to this chapter. In addition, the following apply:

01.Alternate. Property or services that are not at least a functional equal in features, performance or use of the brand, model or specification designated as the standard.(4-6-23)

02.Brand Name or Equal Specification. A specification that uses a brand name to describe the standard of quality, performance or other characteristics being solicited and that invites the submission of equivalent property.(4-6-23)

03.Brand Name Specification. A specification calling for property by manufacturers’ names or catalogue numbers.(4-6-23)

04.Buyer. An employee of the division of purchasing designated as a buyer, contract-administrator, purchasing agent, contracting officer, or similar designation by the administrator, including, where appropriate, the administrator and other management personnel. The term also includes authorized employee(s) of a purchasing authority.(4-6-23)

05.Consultant Services. Work, rendered by either individuals or firms who possess specialized knowledge, experience, and expertise to investigate assigned problems or projects and to provide counsel, review, design, development, analysis or advice in formulating or implementing programs or services or improvements in programs or services, including such areas as management, personnel, finance, accounting and planning. The consultant’s services, opinions or recommendations will be performed according to the consultant’s methods without being subject to the control of the agency except as to the result of the work.(4-6-23)

06.Contract Administration. Actions taken related to changes to contracts, including amendments, renewals, and extensions; receipt, review and retaining of the contract and contract-related documents; and exercise of remedies.(4-6-23)

07.Contract Management. Actions taken to ensure that both the agency and contractor comply with the requirements of the contract. Includes regular monitoring of the contractor’s performance, evaluation of deliverables, invoice review, payment approval, progress tracking, regular status meetings, and management of stateowned property and other resources used in contract performance management.(4-6-23)

08.Division. The division of purchasing of the department of administration as established by Section 67-9204, Idaho Code.(4-6-23)

09.Document. When used in these rules, may include electronic documents.(4-6-23)

10.E-procurement. Use of the division’s electronic procurement system.(4-6-23)

11.Equal. Property that meets or exceeds the quality, performance and use of the brand, model or specifications in the informal or formal solicitation.(4-6-23)

12.Formal Sealed Procedure. Procedure by which the buyer solicits sealed bids or competitive sealed proposals by means of a formal solicitation.(4-6-23)

13.Formal Solicitation. An invitation to bid or request for proposal.(7-1-25)

14.Informal Solicitation. Procedure by which the buyer solicits informal competitive quotes by means of a request for quote.(4-6-23)

15.Invitation to Bid or ITB. All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.(4-6-23)

16.Offeror. A vendor who has submitted a response to a request for proposals for property to be acquired by the state.(7-1-25)

17.Professional Services. Work rendered by a contractor whose occupation is the rendering of such services and who has a professional knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, including but not limited to accounting and auditing, legal, medical, nursing, education, actuarial, veterinarian, information technology and research. The knowledge is founded upon extensive and specialized intellectual training that enables a particular service to be rendered. The word “professional” implies professed attainments in special knowledge as distinguished from mere skills.(4-6-23)

18.Proposal. A written response including pricing information to a request for proposals that describes the solution or means of providing the property requested and which proposal is considered an offer to perform a contract in full response to the request for proposals.(4-6-23)

19.Purchase. The act of acquiring or procuring property for state use or the result of an acquisition.

20.Purchase Order. Notification to the contractor to provide the stated property under the terms and conditions set forth in the purchase order. It may include the form of the state’s acceptance of a vendor’s quote, proposal or bid. See also definition of contract.(4-6-23)

21.Purchasing Authority. The division or an agency exercising authority based on a delegation of authority by the administrator to an individual or an agency; or as otherwise provided under these rules to engage in the conduct of purchasing.(4-6-23)

22.Quote. An offer to supply property in response to a request for quote and generally used for informal solicitation procedures.(4-6-23)

23.Request for Proposals or RFP. Includes all documents, whether attached or incorporated by reference, utilized for soliciting proposals as a component of the formal sealed procedure and is generally utilized in the acquisition of services or other complex purchases.(7-1-25)

24.Request for Quote. The document, form or method generally used for purchases solicited in accordance with informal solicitation procedures.(4-6-23)

25.Requisition. A standard state or agency specific form that serves as a purchasing request and that requests that the purchasing authority acquire the property.(4-6-23)

26.Sealed. A bid or proposal physically or electronically sealed and submitted in accordance with requirements of a formal solicitation.(4-6-23)

27.Sealed Procedure Limit. That dollar amount, as established by these rules, above which the formal sealed procedure w ill be used. The amount may be lowered by the administrator to maintain full disclosure or competitive purchasing or otherwise achieve overall state efficiency and economy.(4-6-23)

28.Small Purchase. An acquisition that costs less than the sealed procedure limit.(4-6-23)

29.Signature. A manual signature or an electronic signature, as defined in Section 28-50-102, Idaho Code, of an individual authorized to bind a person or entity.(4-6-23)

30.Telecommunications. All present and future forms of hardware, software or services used or required for transmitting voice, data, video or images.(4-6-23)

31.Tie Responses. Tie responses are low responsive bids, proposals or quotes from responsible vendors that are identical in price or score.(7-1-25)

32.Total Cost. The acquisition cost of property, including all components, options, and add-ons available under the contract, related services, and, in the case of ongoing services, the cost of the full term of the contract, including all authorized renewals. Unless a different total term is provided in the contract, the term used for purposes of total cost is five (5) years.(4-6-23)

IDAPA 38.05.01.012 Preservation of Records

Records of a purchasing authority, which are created or held pursuant to these rules, may be kept in such format as prescribed by the purchasing authority responsible for record retention; and otherwise in accordance with record preservation and retention policies established by the agency designated by the legislature for such purpose. (4-6-23)

IDAPA 38.05.01.013 (Reserved)

IDAPA 38.05.01.021 Delegation of Authority of Administrator

Delegations made pursuant to Section 67-9206, Idaho Cod e, remain in effect unless modified or until revoked in writing. All delegations must be given in writing prior to the acquisition of the property. Designees shall make purchases according to these purchasing rules, the policies developed by the division, and the conditions established by the administrator in the delegation. Delegations are subject to periodic reporting and review as directed by the administrator.(7-1-25)

01.Manner of Submission. Request for delegated purchasing authority must be submitted in writing, on a form established by the administrator. The request must generally demonstrate that agency personnel have the knowledge and experience to administer solicitations and contracts in compliance with the State Procurement Act, these rules, and policies of the division of purchasing, and must specifically address any qualification criteria established by the administrator.(7-1-25)

02.Policy. The administrator’s delegated purchasing authority policy is applicable to all designees; and may place additional conditions on the agency or individual delegated authority.(4-6-23)

03.Failure to Comply. A designee’s failure to comply with the policy, the conditions included in the written authorization provided by the administrator, or the instructions of the administrator regarding activities delegated pursuant to this rule may result in immediate rescission of delegated authority, increased monitoring, reduced authority level, additional training, or other action deemed appropriate by the administrator. (4-6-23)

IDAPA 38.05.01.022 (Reserved)

IDAPA 38.05.01.034 Public Notice

Notice of informal and formal solicitations are posted electronically unless the administrator exempts the acquisition from e-procurement. Notice of sole source acquisitions are posted electronically.(7-1-25)

IDAPA 38.05.01.035 (Reserved)

IDAPA 38.05.01.041 Acquisition Procedures

Acquisition requirements shall not be artificially divided to avoid bid statutes, rules, or policies. The procedure followed for acquisitions shall be as follows:(7-1-25)

01.Small Purchases.(4-6-23)

a.Acquisitions of the following property are small purchases:(4-6-23)

i.Services with a total cost less than twenty-five thousand dollars ($25,000)(4-6-23)

ii.Software, regardless of the delivery method (e.g. on-premise, cloud, software as a service, etc.), with a total cost less than fifteen thousand dollars ($15,000);(4-6-23)

iii.Property, excluding services, with a total cost less than fifteen thousand dollars ($15,000); (4-6-23)

iv.A mix of property including services and other property, with a total cost less than fifteen thousand dollars ($15,000).(4-6-23)

b.Small purchases do not require acquisition through competitive solicitation. Agencies must comply with the division’s small purchase policy. Property available under single agency or open contracts shall be purchased under such contracts and are not a small purchase under this rule unless otherwise authorized by the administrator.

02.Informal Purchases.(4-6-23)

a.Acquisition of property with a total cost exceeding the dollar limits established in this rule for a small purchase and less than the formal sealed procedure limit are informal purchases.(4-6-23)

b.Informal purchases may be made using:(4-6-23)

i.An informal solicitation issued through e-procurement, unless exempted by the administrator; or

ii.The formal sealed procedure, when the purchasing authority makes a written determination that using a formal solicitation is in the best interest of the state, including where selection based solely on cost is not appropriate.(4-6-23)

c.Agencies procuring property under this rule shall maintain a purchasing file containing:(4-6-23)

i.The solicitation document posted and quotes received. If the acquisition was not publicly posted, the agency shall include a statement describing the justification for determining that posting was impractical or impossible, along with the administrator’s authorization.(7-1-25)

ii.If not using e-procurement, the agency shall document the quotes received (or its attempt to obtain quotes) from at least three (3) vendors having a significant Idaho economic presence as defined in Section 67-2349, Idaho Code.(4-6-23)

03.Formal Sealed Procedure.(4-6-23)

a.The sealed procedure limit is one hundred fifty thousand dollars ($150,000).(4-6-23)

b.Purchases of property in excess of the sealed procedure limit are made using the formal sealed procedure, unless exempted by these rules or the administrator.(4-6-23)

IDAPA 38.05.01.042 Exceptions Requiring Written Administrator Approval

The administrator may exempt the following purchases from the requirement for competitive solicitation by issuing a written determination to the purchasing authority.(7-1-25)

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.(4-6-23)

02.Sole Source Purchases. The buyer must request authorization from the administrator to complete a sole source purchase, providing a written justification of the purchase and the basis to conclude that no other supplier is reasonably available. The administrator may condition any approval.(7-1-25)

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.(4-6-23)

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.(4-6-23)

05.Exempt Purchases. The administrator may, by written policy, exempt property from the formal sealed procedure or the requirement for competitive solicitation under the following circumstances:(7-1-25)

a.The property is required to meet a legal requirement or important business need;(7-1-25)

b.Competition would be impractical or unreasonable under the circumstances, for reasons such as special market conditions or unique property requirements;(7-1-25)

c.The justification for the exemption is not based on inconvenience or the agency’s failure to plan for the procurement process; and(7-1-25)

d.The exemption is as limited as possible to still meet the business needs.(7-1-25)

06.Open Contracts. Except as provided in these rules or exempted by the administrator, property available under existing open contracts shall be purchased under such contracts in accordance with the provisions or requirements for use thereof.(7-1-25)

07.Price Agreements. The administrator may authorize entering into non-mutual price agreements when the state has a need to contract with all qualified and available vendors for the purchase of certain property.

Price agreements shall be limited to two (2) years in duration.(7-1-25)

IDAPA 38.05.01.043 Exceptions Not Requiring Approval

Unless the administrator makes a written determination to th e contrary, property meeting the following criteria need not be purchased by competitive solicitation.(7-1-25)

01.Reverse Auction. Purchases through reverse public auctions.(7-1-25)

02.Federal Government Acquisitions. Acquisitions from the United State of America or any agency thereof.(4-6-23)

03.Public Agency Acquisitions. Acquisitions from other public agencies as defined in Section 67- 2327, Idaho Code.(7-1-25)

04.Idaho Correctional Industries. Purchases of property marketed directly by Idaho Correctional Industries in accordance with Section 20-245, Idaho Code.(4-6-23)

05.Professional or Consultant Services. The acquisition of professional or consultant services for one-time projects costing less than the sealed procedure limit and lasting less than one (1) year in duration. (4-6-23)

IDAPA 38.05.01.044 (Reserved)

IDAPA 38.05.01.052 Changes to Solicitations

A formal solicitation may be changed by the buyer through iss uance of an amendment, provided the change is issued in writing prior to the solicitation closing date and is made available to all vendors receiving the original solicitation.

Any material information given or provided to a prospective vendor with regard to a solicitation shall be made available in writing by the buyer to all vendors receiving the original formal solicitation. Oral interpretations of specifications or contract terms and conditions shall not be binding on the state unless confirmed in writing by the buyer prior to the closing date of the solicitation. Changes to the solicitation shall be identified as such and shall require that the vendor acknowledge receipt of all amendments issued. The right is reserved to waive any informality.

IDAPA 38.05.01.053 (Reserved)

IDAPA 38.05.01.061 Form of Submission for Solicitations

Unless otherwise provided in these rules and in addition to any specific requirements set forth in the solicitation:

01.Manual Submission: Bids or proposals submitted manually must be made, completed and signed on the form provided to receive consideration. All changes or erasures on manual submissions shall be initialed in ink. Unsigned or improperly submitted bids or proposals will be rejected. The purchasing authority assumes no responsibility for failure of the United States Postal Service, any private or public delivery service, or any computer or other equipment to deliver all or a portion of the bid or proposal at the time or to the location required by the formal solicitation.(7-1-25)

02.Electronic Submissions. Bids or proposals submitted electronically must be submitted in accordance with and meet all applicable requirements of these rules and contain a signature. Submission of a bid or proposal through e-procurement shall constitute a signature. The purchasing authority assumes no responsibility for failure of any electronic submission process, including any computer or other equipment to deliver all or a portion of the bid or proposal at the time or to the location required by the formal solicitation.(7-1-25)

IDAPA 38.05.01.062 (Reserved)

IDAPA 38.05.01.070 Pre-Proposal Conference

A pre-proposal conference for vendors must be conducted by the purchasing authority for all RFPs. The purchasing authority may provide an opportunity for a verbal question and answer period, however, only written questions and answers posted through e-procurement as an amendment to the formal solicitation, have force or effect in the procurement.(7-1-25)

IDAPA 38.05.01.071 Withdrawal and Modification

01.Prior to Closing. Quo tes, bids and proposals may be withdrawn or modified prior to the closing date of the solicitation, as follows:(7-1-25)

a.Withdrawal. Quotes, bids and proposals submitted via eProcurement may be withdrawn via eProcurement or by submitting a written withdrawal, sent on letterhead and signed by an individual with authority to bind the vendor, to the purchasing authority. Quotes, bids and proposals submitted in a manner other than eProcurement may be withdrawn by submitting a written withdrawal, sent on letterhead and signed by an individual with authority to bind the vendor, to the purchasing authority to the same location where the quote, bid or proposal was submitted.(7-1-25)

b.Modification. Quotes, bids and proposals submitted via eProcurement may be modified by resubmitting via eProcurement or by submitting a written request detailing the modification if the solicitation allows for submission outside of eProcurement. Quotes, bids and proposals submitted in a manner other than eProcurement may be withdrawn by submitting a written withdrawal to the same location where the quote, bid or proposal was submitted. Any request for modification submitted in a manner other than eProcurement must be submitted to the purchasing authority on letterhead and must be signed by an individual with authority to bind the vendor,(7-1-25)

02.After Closing.(7-1-25)

a.Withdrawal. Vendors submitting a quote, bid or proposal are not entitled to withdraw their submission after the solicitation closing date and time. Vendors must submit a written withdrawal request to the purchasing administrator explaining why the vendor should be permitted to withdraw their quote, bid or proposal.

Withdrawal of a quote, bid or proposal after the closing date of the solicitation may be grounds for the vendor being deemed non-responsible in future solicitations depending on the circumstances, including the resources expended on evaluating the submission prior to withdrawal and a history of multiple withdrawals.(7-1-25)

b.Modification. Any modification received or requested after the time and date set for closing of the solicitation is late. No late modification will be considered.(7-1-25)

IDAPA 38.05.01.072 Late Quotes, Bids, and Proposals

Any quote, bid or proposal received after the time and date set for closing at the place designated in the solicitation is late, will not be considered, and will be returned to the submitting vendor. Time of receipt will be determined by the official time stamp or receipt mechanism located at the designated place for receipt of responses.(7-1-25)

IDAPA 38.05.01.073 Receipt, Opening, and Recording of Bids and Proposals

Upon receipt, all bids, proposals, and modifications properly marked and identified are time s tamped, but not opened.

They shall be stored in a secure place until the time specified for opening. Time stamping and storage may be through electronic means. Opening of proposals shall identify only the names of the offerors unless otherwise stated in the formal solicitation. Bid and proposal openings may be electronic virtual openings.(7-1-25)

IDAPA 38.05.01.074 Mistakes

01.Mistakes Discovered Before Closing.

Mistakes discovered by a vendor prior to solicitation closing may be corrected by such vendor through withdrawal or modification as detailed in these rules.(7-1-25)

02.Mistakes Discovered After Closing But Before Award.(7-1-25)

a.Minor Informalities. Minor informalities are matters of form rather than substance evident from the bid or proposal document, or insignificant mistakes that can be waived or corrected without prejudice to other submitting vendors, that is, the effect of the mistake on price, quantity, quality, delivery or contractual conditions is not significant. The buyer may waive minor informalities discovered after the closing date and time of the solicitation and before award of a contract. Examples include the failure of a submitting vendor to:(7-1-25)

i.Return the required number of signed submissions.(4-6-23)

ii.Provide a signature, but only if it is clear from the submission that the submitting vendor intended to be bound by its terms.(4-6-23)

iii.Acknowledge the receipt of an amendment, but only if:(4-6-23)

(1)It is clear from the submission that the submitting vendor received the amendment and intended to be bound by its terms; or(4-6-23)

(2)The amendment involved had a negligible effect on price, quantity, quality or delivery.(4-6-23)

b.Mistakes Where Intended Submission is Evident. If the mistake and the intended submission are clearly evident on the face of the document, the submission shall be corrected to the intended submission. Examples of mistakes that may be clearly evident are typographical errors, errors in extending unit prices (unit prices will always govern in event of conflict with extension), transposition errors and arithmetical errors.(7-1-25)

c.Mistakes Where Intended Submission is not Evident. A mistake where the intended submission is not clearly evident on the face of the document may not be corrected after the closing date of the solicitation.

d.Mistakes in Submission. If a mistake is attributable to an error in judgment, the submission may not be corrected.(7-1-25)

03.Mistakes Discovered After Award. Mistakes shall not be corrected after award of the contract.

04.Written Approval or Denial Required. In the event of a mistake discovered after the opening date, the administrator shall approve or deny, in writing, a request to correct or withdraw a submission.(4-6-23)

IDAPA 38.05.01.075 (Reserved)

IDAPA 38.05.01.081 Evaluation and Award

01.General.

The solicitation shall set forth the requirements and criteria that will be used to determine the lowest responsible bidder.(7-1-25)

02.Responsibility.(4-6-23)

a.Factors to be considered in determining vendor responsibility include:(7-1-25)

i.Whether the vendor has appropriate financial, material, equipment, facility and personnel resources, or the ability to obtain them, necessary to indicate capability to meet all contractual requirements; (7-1-25)

ii.Whether the vendor is legally qualified to contract with the purchasing authority and qualified to do business in the state of Idaho;(7-1-25)

iii.Whether the vendor has the requisite experience, licensing, and certification to meet the contractual obligations;(7-1-25)

iv.Whether the vendor has a satisfactory prior performance record, if applicable or;(7-1-25)

v.Other criteria identified in the solicitation.(7-1-25)

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.(4-6-23)

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.(4-6-23)

03.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.(4-6-23)

04.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 solicitation, excluding other portions of a response and other offers, unless the vendor stipulates all or nothing in its submission.(7-1-25)

05.Tie Responses. If tie responses cannot be resolved in accordance with section 67-9210(2), Idaho Code, award shall be made in any permissible manner that will resolve the tie, including awarding to the vendor with the earliest delivery date. If no permissible method will effectively resolve tie responses, award may be made by drawing lots or tossing a coin in the presence of at least one (1) witness.(7-1-25)

IDAPA 38.05.01.082 (Reserved)

IDAPA 38.05.01.083 Proposal Discussion with Individual Offerors

01.Use of Discussions.

Discussions may be used in any type of formal solicitation when the buyer determines that clarifications or revisions are required to achieve adequate competition.(7-1-25)

02.Conduct of Discussions.(4-6-23)

a.The buyer may clarify any portion of a bid or proposal with a bidder where the clarification does not materially alter the proposal.(7-1-25)

b.The buyer may conduct discussions with offerors to determine potential revisions to proposals or the formal solicitation. Offerors shall be accorded faith and equal treatment with respect to any opportunity for discussions and revisions of proposals. Auction techniques (revealing one offeror’s price to another) and disclosure of any information derived from competing proposals are prohibited. Any oral clarification or change of a proposal shall be reduced to writing and signed by the offeror.(4-6-23)

c.If the buyer determines material changes to a formal solicitation or a proposal are necessary, the buyer shall establish a common time and date for submission of best and final offers. The buyer may conduct multiple rounds of best and final offers. If an offeror does not submit a notice of withdrawal or a best and final offer, the offeror’s immediate previous offer is the offeror’s best and final offer.(4-6-23)

IDAPA 38.05.01.084 Negotiations

In accordance with Section 67-9205(12), Idaho Code, the ad ministrator may negotiate acquisitions as follows:

01.Use of Negotiations. Negotiations may be used under these rules when the administrator determines in writing that negotiations may be in the best interest of the state including the following circumstances:

a.A competitive solicitation has been unsuccessful for reasons including that all offers are unreasonable, noncompetitive, or exceed available funds and the available time and circumstances do not permit the delay required for resolicitation;(4-6-23)

b.There has been inadequate competition;(4-6-23)

c.During the evaluation process it is determined that negotiations could help the state achieve better outcomes; or(7-1-25)

d.During the evaluation process it is determined that all responsive offers exceed available funds and negotiations could modify the requirements of the formal solicitation to reduce the cost to available funds and avoid the extended time and expenditure of resources for a resolicitation.(4-6-23)

02.Conditions of Use. Negotiations, as permitted by Subsection 084.01.d., are subject to the following:(4-6-23)

a.The solicitation must specifically allow for the possibility of negotiation;(7-1-25)

b.Submissions shall be evaluated and ranked based on the evaluation criteria in the solicitation;

c.Negotiations shall be conducted first with the vendor that is the apparent low responsive and responsible bidder, unless concurrent negotiations are permissible, in accordance with the terms of the solicitation;

d.If one (1) or more responsive offers does not exceed available funds, negotiations shall be against the requirements of and criteria contained in the formal solicitation and shall not materially alter those criteria or the specifications;(4-6-23)

e.Auction techniques (revealing one vendor’s price to another) and disclosure of information derived from competing proposals is prohibited;(4-6-23)

f.Any clarifications or changes resulting from negotiations shall be documented in writing; (4-6-23)

g.If the parties to negotiations are unable to agree, the administrator shall formally terminate negotiations and may undertake negotiations with the next ranked vendor; and(4-6-23)

h.If negotiations as provided for in this rule fail to result in a contract, as determined by the administrator, the formal solicitation may be canceled and the administrator may negotiate in the best interest of the state with any qualified vendor.(4-6-23)

03.Timing of Use. If conducted as part of a small purchase or under the formal sealed procedure, negotiations are the last step in the procurement process. Use of oral interviews or best and final procedures, as provided for in a formal solicitation, must precede negotiations as provided for in this rule, unless the administrator makes a written determination that it is in the state’s best interest to proceed directly to negotiations.(7-1-25)

04.Termination of Negotiations. The purchasing authority may terminate negotiations at any time, in the best interest of the state.(4-6-23)

IDAPA 38.05.01.085 (Reserved)

IDAPA 38.05.01.092 Cancellation of Solicitation

Prior to the issuance of a contract, the purchasing authority reserv es the right to reject all bids, proposals or quotes or to cancel a solicitation. In the event a solicitation is cancelled, all submitting vendors will be notified. Examples of reasons for cancellation are identification of inadequate or ambiguous specifications, unexpected circumstances that require revised specifications, or determination that cancellation is in the best interest of the state.(7-1-25)

IDAPA 38.05.01.093 (Reserved)

IDAPA 38.05.01.101 Leases

01.Lease for Personal Property.

A lease for personal property may be entered into provided the lease is subject to the same requirements of competition that govern the purchase of property. Leases for periods exceeding one (1) year specifically require the approval of the administrator.(4-6-23)

02.Lease Purchase Option. A lease purchase option may be exercised only if the lease containing the purchase option was awarded using the competitive process. Before exercising such an option, the buyer shall competitively bid the property by soliciting bids for new or used property or obtain approval from the administrator for an exemption.(7-1-25)

IDAPA 38.05.01.102 (Reserved)

IDAPA 38.05.01.111 Specifications -- Policies and Development

01.Purpose. Specifications shall be drafted clearly to describe the agency’s needs and to enable the vendors to determine and understand the agency’s requirements. Specifications shall, as much as practical, be nonrestrictive to provide an equal basis for participation by an optimum number of vendors and to encourage competition. This information may be in the form of a description of the physical, functional or performance characteristics, a reference brand name or both. It may include a description of any required inspection, testing or preparation or delivery. Specifications may be left sufficiently open to allow for variations in the proposed property or manner of delivery, provided that they put vendors on notice as to what is required for vendor’s quote, bid, or proposal to be considered.(7-1-25)

02.Use of Functional or Performance Descriptions. Specifications shall, to the extent practicable, emphasize functional or performance criteria while limiting design or other detailed physical descriptions to those necessary to meet the needs of the agency. To facilitate the use of such criteria, using agencies shall endeavor to include as a part of purchase requisitions their principal functional or performance needs.(4-6-23)

03.Preference for Commercially Available Property. Requirements shall be satisfied by standard commercial property whenever practicable.(4-6-23)

04.Brand Name Specification.(4-6-23)

a.Brand name specification which does not allow for acceptance of alternate equivalent property may only be used when the administrator or designee makes a written determination. Such determination may be in any form and must state specific reasons for use of the brand name specification.(7-1-25)

b.Use of a brand name to identify a standard or example specification, when alternative equivalent property is acceptable, will not require approval from the administrator, if there are known alternatives that can meet the specification as equivalent property.(7-1-25)

c.The administrator shall seek to identify sources from which the designated brand name property can be obtained and shall solicit such sources to achieve whatever degree of competition is practicable.(7-1-25)

IDAPA 38.05.01.112 Contract Terms - Policies and Limitations

01.Prohibited Terms. Purch asing 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.(4-6-23)

a.Terms waiving the sovereign immunity of the state of Idaho.(4-6-23)

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.(4-6-23)

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.(4-6-23)

02.Terms Requiring Special Consideration.(4-6-23)

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.(4-6-23)

IDAPA 38.05.01.113 Contract Oversight

01.Contract Management and Contract Administration.(4-6-23)

a.Agencies which issue their own contracts pursuant to their delegated authority (or as otherwise exempt from the requirements of these rules) will be responsible for all aspects of contract management and contract administration, as those terms are defined in Section 011 of these rules.(4-6-23)

b.When the division issues a contract on behalf of an agency, in its role as the state’s contracting agent, the division is responsible for contract administration and the agency is responsible for contract management.

02.Contract Management. Each state agency which manages one (1) or more contracts, whether entered into directly by the agency or by the division acting as the statutory purchasing agency for the agency, will perform the following minimum contract management functions at a level consistent with the dollar value, complexity, and risk associated with each contract(4-6-23)

a.Designate a competent contract manager as the single point of contact for each agency contract;

b.Document the contract manager’s responsibilities and reporting requirements relative to the contract, including activities such as management of the invoice and payment process, budget tracking, and invoice review and reconciliation with contract requirements and deliverables, to ensure compliance;(4-6-23)

c.Document a communication and escalation plan, as between the contract manager, identified agency personnel and the contract administrator, designed to ensure timely and effective contract monitoring and issue resolution (the communication and escalation plan must include the division of purchasing for contracts for which the division of purchasing is acting as the statutory purchasing agent for the agency);(4-6-23)

d.Develop and implement internal contract monitoring tools, including a reporting structure, based on the dollar value and/or potential risk associated with contract failure; and(4-6-23)

e.Close out each contract, including, documenting receipt of goods or services in compliance with contract requirements and reviewing vendor performance and lessons learned.(4-6-23)

03.Service Contracts Exceeding $1,500,000 in Total Value. For each contract which is valued at more than one million five hundred thousand dollars ($1,500,000) over the duration of the contract and which consists primarily of the purchases of services, the agency responsible for contract management must develop and implement contract reporting requirements that capture, at a minimum, information on compliance with financial provisions and delivery schedules; the status of any corrective action plans; as well as any liquidated damages assessed or collected under the contract during the current reporting period. Reports will be submitted to the designated agency purchasing representative as well as the division on no less than a biannual basis, with a schedule for each contract determined by the contract manager in consultation with the agency purchasing representative and the division.(4-6-23)

IDAPA 38.05.01.114 Information Technology Resale

Licensing, sale, or use terms required by a third party owner of inform ation technology sold through a reseller shall be subject to these rules, specifically including Subsection 112.01 and Paragraph 112.02.a. of these rules. If a contract contains a term prohibited by Section 112 of these rules, the term shall be void pursuant to Section 67-9213, Idaho Code.(4-6-23)

IDAPA 38.05.01.115 (Reserved)