Waiver of Competitive Bidding

Section 4:4 Revised 02/13/2007

If deemed to be in the public interest, competitive bidding may be waived where performance or price competition is not available (see Sole Source Purchases) or otherwise as provided below. Circumstances permitting waiver and providing for direct negotiation include, but are not limited to: where a needed product or service is available from only one source of supply; where bids have been solicited but no satisfactory bid (s) received; where standardization or compatibility is the overriding consideration; where personal or certain professional services are required; where a particular medical product or prosthetic appliance is needed; where an ongoing job or task is involved; where products are bought for "over-the-counter" resale; where a particular product or service is desired for experimental, developmental or research work; where equipment is already installed, connected and in service and it is, determined advantageous to purchase it; where there is evidence of resale price maintenance or other control of prices, lawful or unlawful , which thwarts normal bidding procedures; where the amount of the purchase is-too small to justify soliciting quotations or where a satisfactory price is available from a previous bid or quotation; where the requirement is for an authorized cooperative project with other governmental unit (s) or charitable non-profit organization (s); or where a used item (s) is available on short notice and subject to prior sale.

These processes, like Sole Source Purchases, are infrequently used and subject to substantial justification. All requests to waive competitive bidding should be forwarded to the University Purchasing Director accompanied by a Purchase Requisition.