EXCEPTIONS, WAIVERS AND SPECIAL HANDLING||
WAIVER OF BIDDING PROCESS||
The scope of this policy is to define authority for waiving the bidding process under various circumstances, and to establish procedure and restrictions governing non-competitive negotiation (sole source) waivers, general waivers, and the composition of waiver justifications.
The State Bureau of Procurement may provide for a waiver of bidding when certain circumstances exist which preclude bidding. One or more of the following, with adequate justification, may serve as a basis for waiving use of competitive processes:
Uniqueness: When a product or service can be established as not being available from more than one supplier.
Patent or Proprietary: The patented or proprietary features of a product or service gives the state a superior and necessary utility that cannot be obtained from others. The features are available from only one source and not merchandised through competitive outlets.
Intrinsic Value: When a product has historic, artistic, or educational value, and/or viable specifications or standards cannot be determined in the procurement of a professional or technical service.
Emergency: When the risk of human suffering or substantial damage to state real or personal property exists that requires immediate action. See PRO-503, Emergency Procurement.
Substantial Time Pressure: When substantial time pressure exists beyond the agency's control. This does not include administrative or processing delays or in submitting the necessary documents for purchasing approval.
Specifications presented to the potential supplier as part of any approved waiver must correspond to the specifications of any resulting contract.
All approved waivers and supporting documentation will be open to public inspection to the extent practical under governing state open records law. See PRO-105, Procurement Record Retention and Access.
Bidding policies and procedures may not be waived for procurements of printing and stationery. See PRO-505, Printing Procurement Policy and Procedure.
Grant exemptions are a form of waiving State of Wisconsin-specific bidding procedures. See PRO-504, Grants and Other Non-Procurement Transactions.
Click below for full policy document:
PRO-501 Waiver of Bidding Process