Idaho Bidder Preferences: Status and What to Do

What it is

Idaho does not run its own MBE, WBE, small business or veteran-owned certification for state purchasing. The Division of Purchasing's laws page lists one bidder preference: the reciprocal preference in Idaho Code 67-2349. It covers competitively bid purchases of materials, supplies, services and equipment by state agencies and local bodies such as cities, counties and school districts. Idaho Code 67-2348 applies the same reciprocal rule to public works construction.

Who qualifies

• There is nothing to apply for. The rule turns on where a bidder is "domiciled."
• A corporation is domiciled where it is chartered or incorporated. A sole proprietor or partnership is domiciled where it is located or has its permanent headquarters (per the Division's explanation).
• An out-of-state firm can be treated as an Idaho bidder if it had a "significant Idaho economic presence" for the year before the bid date. That means a staffed office, sales office or outlet, manufacturing facility or warehouse in Idaho. A corporation must also be registered with the Idaho Secretary of State.
• No ownership, race, sex, size or veteran test applies.

What it means for your bids

• If your home state gives its own bidders a preference, Idaho adds that same percentage to your bid when comparing it with Idaho bids. The added amount is never paid.
• The markup is not used when comparing two out-of-state bids.
• It does not apply to purchases that are not competitively bid, such as unbid small purchases under $10,000, sole source or emergency buys.
• When bids and quality are equal, state law favors "property of local and domestic production" or bidders with a significant Idaho economic presence (Idaho Code 67-9210).
• For informal purchases not made through e-procurement, agency rules call for quotes from at least three vendors with a significant Idaho economic presence (IDAPA 38.05.01, section 041).
• State printing generally must be done in Idaho, with exceptions such as when the lowest Idaho bid is more than 10% above the lowest out-of-state bid (per the Texas Comptroller's preference list, citing Idaho Code 60-101 and 60-103).

How to get certified

There is no certificate. To bid and be scored correctly:

1. Register in IPRO and pick commodity codes so you get bid notices: https://sms-idaho-prd.tam.inforgov.com/fsm/SupplyManagementSupplier/page/XiSupplyManagementSupplierPage?csk.SupplierGroup=LUMA. The FAQ does not mention a fee.
2. If you are based out of state, keep records of your Idaho office or warehouse, staff, and Secretary of State registration so you can show a significant Idaho economic presence.
3. Check the state-by-state preference list linked from the laws page to see what markup applies to your home state: https://purchasing.idaho.gov/laws-and-policies/
4. Watch agency sites too. The FAQ says the Division of Public Works and the Transportation Department post some bids themselves.

Watch out for

• The rule applies "to the extent permitted by federal laws and regulations." Ask the Division how it treats federally funded buys.
• Higher education institutions buy goods and services under their own authority (Idaho Code 67-9225).
• Federal DBE certification is separate and has its own page.
• Free help: the Idaho APEX Accelerator offers "No Cost" one-on-one help with government bids, 208-615-2246.
• IPRO login help: supplierportal@sco.idaho.gov. Division of Purchasing: (208) 327-7465.

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Sources

• purchasing.idaho.gov/laws-and-policies/
• purchasing.idaho.gov/wp-content/uploads/Reciprocal-Preference-Explanation.pdf
• legislature.idaho.gov/statutesrules/idstat/Title67/T67CH23/SECT67-2349/
• legislature.idaho.gov/statutesrules/idstat/Title67/T67CH23/SECT67-2348/
• legislature.idaho.gov/statutesrules/idstat/Title67/T67CH92/SECT67-9210/
• proddfmmainsa.blob.core.windows.net/dfm-admin-website/rules/current/38/380501.pdf
• purchasing.idaho.gov/faqs/
• idahosbdc.org/specialized-services/government-contracting-APEX/
• comptroller.texas.gov/purchasing/bidder-preference/idaho.php

FindMyBids isn't affiliated with any certifying agency, and this isn't legal advice. Status can change quickly with court orders and new laws, so confirm with the program office before you rely on it.