306.02
Northern
Arizona University
Purchasing Policy and Procedure
Waiver of Bidding Requirements Over $50,000
POLICY:
The Arizona Board of Regents (ABOR) Procurement Code requires
goods and/or services shall be procured with the maximum practicable
competition. As provided by ABOR
3-803B (Competitive Sealed Bidding) and 3-803C
(Competitive Sealed Proposals), all procurements costing
more than $50,000 require competitive sealed bids. Under certain
circumstances, the formal bidding procedures may be waived.
The University President or designee(s) may authorize procurements
without competitive bidding if a particular situation qualifies
for one of the following (Sole Source, Matching Existing Equipment,
or Emergency Procurement)..
SOLE
SOURCE (ABOR 3-803D.2)
Procurement for goods and/or services may be awarded, without
competition, if the Director of Procurement determines, in
writing, that there is only one source for the required goods
and/or services. Sole Source procurement shall be avoided
except when no reasonable alternative source exists. Construction
services may not be procured under this subsection.
Federal Grants: independent contractor(s) and/or professional
service(s) may be considered sole source procurement if the
Federal Grant approval requires and specifically identifies,
within the Grant, by name, the individual and/or company providing
said services. The requisitioner shall submit a copy of the
Grant or sub-contract agreements with the
“Waiver
of Bidding Requirements Greater Than $50,000” form.
MATCH EXISTING EQUIPMENT
Procurement for goods and/or services may be awarded without
competition, if the Director of Procurement determines, in
writing, the use of another offeror would result in incompatibility
with existing equipment; the product shall be used in continuing
experiments; University personnel have specialized training
and/or extensive experience with the product and the use of
another product shall require considerable training, time,
and money; and/or other investigators have used this product
in similar research and, for comparability of results, it
shall be required
EMERGENCY
PROCUREMENT (ABOR 3-803D.3)
Notwithstanding any other provisions of the ABOR Procurement
Code, a University President or the President’s designee(s)
may make emergency procurements if there exists a situation
that:
- Threatens public health, welfare or safety,
-or-
- 2. makes compliance with the competitive bidding requirement
(ABOR
3-803 Subsection B and Subsection C) impractical, unnecessary
or contrary to the public interest.
Emergency procurements shall be made with such competition
as is practical under the circumstances. Waivers shall be
requested only under the most extreme circumstances. A personal
preference for certain products shall not constitute justification
for requesting a waiver.
PROCEDURE:
To request a procurement waiver, the requisitioning department
shall submit to Purchasing Services the
“Waiver
of Bidding Requirements Greater Than $50,000” form.
The appropriate section shall be completed outlining the rationale
for the request in specific terms and accompanied by any/all
supporting documentation which shall include an original written
quotation from the offeror. Prior to submitting to Purchasing
Services, the form shall be signed by the department Dean,
Director, or Chair and the Area Vice President/Provost.
PROCESSING:
When the responsible buyer receives the “Waiver of
Bidding Requirements Greater Than $50,000” form, he/she
shall verify the following:
- Request for procurement qualifies under the above cited
criteria for waiver and the justification is sufficiently
detailed to clearly establish and substantiate the goods
and/or services specified shall meet the needs of the university
end-user.
- 2. Price offered for the goods and/or services is reasonable
and in the best interest of the University.
The responsible buyer shall sign the “Waiver of Bidding
Requirements Greater Than $50,000” form and submit all
supporting documentation to the Director of Procurement for
approval. When the “Waiver of Bidding Requirements Greater
Than $50,000” form is approved, a purchase order shall
be issued. The requisitioning department shall be notified
if the waiver is not acceptable.
A copy of the purchase order and the “Waiver of Bidding
Requirements Greater Than $50,000” form shall be filed
in the contract file.
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