Waiver of Competitive Bidding
WAIVER OF COMPETITIVE BIDDING
Updated 8/4/2009
Under certain conditions and upon the endorsement of the appropriate authority
(Purchasing or State Purchase and Contract), items may be waived to a particular
vendor. Per the Administrative Code, Section .1401, conditions permitting waiver
include, but are not limited to the following:
- Cases where performance or price competition are not available;
- Where a needed product or service is available from only one source of
supply;
- Where emergency or pressing need is indicated;
- Where competition has been solicited but no satisfactory offers received;
- Where standardization or compatibility is the overriding consideration;
- Where a donation predicates the source of supply;
- Where personal or particular professional services are required;
- Where a particular medical product or service, or prosthetic appliance is
needed;
- Where a product or service is needed for the blind or severely disabled
and there are overriding considerations for its use;
- Where additional products or services are needed to complete an ongoing
job or task;
- Where products are bought for "over the counter" resale;
- Where a particular product or service is desired for educational,
training, experimental, developmental or research work;
- Where equipment is already installed, connected and in service, and it is
determined advantageous to purchase it;
- Where items are subject to rapid price fluctuation or immediate
acceptance;
- Where there is evidence of resale price maintenance or other control of
prices, lawful or unlawful, or collusion on the part of companies which
thwarts normal competitive procedures;
- Where the amount of the purchase is too small to justify soliciting
competition or where a purchase is being made and a satisfactory price is
available from a previous contract;
- Where the requirement is for an authorized cooperative project with
another governmental unit(s) or a charitable non-profit organization(s);
- Where a used item(s) is available on short notice and subject to prior
sale.
Refer to Procurement Guidelines and How to Write a Justification Memorandum for additional detail.
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