Waiver of Bidding

Circumstances Permitting Waiver

If deemed to be in the public interest, competitive bidding may be waived in cases of emergency, where performance or price competition is not available (See "Single 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) were received;
  • Where standardization or compatibility is the overriding consideration;
  • Where personal or certain professional services are required;
  • 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 of research work;
  • Where the equipment is already installed, connected, and in service and it is determined advantageous to purchase;
  • 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;
  • Where a small purchase is being made and 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);
  • Where a used item is available on short notice and subject to prior sale.

Justification

The waiver of the competitive bidding process, like single source purchases, is infrequently used and subject to substantial justification. All request to waive competitive bidding should be forwarded to the Purchasing Department accompanied by a purchase requisition and justification.

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