Waiver of Competitive Bidding
WAIVER OF COMPETITIVE BIDDING
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:
- Performance or price competition are not available.
- A needed product or service is available from only one source of supply.
- Emergency action or pressing need is indicated.
- Competition has been solicited but no satisfactory offers received.
- Standardization or compatibility is the overriding consideration.
- A donation predicates the source of supply.
- Personal or certain professional services are required.
- A particular medical product or prosthetic appliance is needed.
- A product or service is needed for the blind or severely disabled and there are overriding considerations for its use
- Additional products or services are needed to complete an ongoing job or task.
- Products are bought for "over the counter" resale.
- A particular product or service is desired for educational, training, experimental, developmental or research work.
- Equipment is already installed, connected and in service, and it is determined advantageous to purchase it.
- Evidence of resale price maintenance or the control of prices, lawful or unlawful, or collusion on the part of bidders which thwarts normal bidding procedures.
- The amount of the purchase is too small to justify soliciting competition or where a small purchase is being made and a satisfactory price is available from a previous contract (University Small Purchase Rules - $0 - $5000)
- The requirement is for an authorized cooperative project with another governmental unit(s) or a charitable non-profit organization(s).
- 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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