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Competition - Waivers and Emergencies

WAIVER OF COMPETITION:

Under certain conditions, and otherwise if deemed to be in the public interest, competition may be waived. Conditions permitting waiver include, but are not limited to, the following:

  1. Cases where performance or price competition are not available;
  2. Where a needed product or service is available from only one source of supply;
  3. Where emergency or pressing need is indicated (see definition below);
  4. Where competition has been solicited but no satisfactory offers received;
  5. Where standardization or compatibility is the overriding consideration;
  6. Where a donation predicates the source of supply;
  7. Where personal or particular professional services are required;
  8. Where a particular medical product or service, or prosthetic appliance is needed;
  9. Where a product or service is needed for the blind or severely disabled and there are overriding considerations for its use;
  10. Where additional products or services are needed to complete an ongoing job or task;
  11. Where products are bought for "over the counter" resale;
  12. Where a particular product or service is desired for educational, training, experimental, developmental or research work;
  13. Where equipment is already installed, connected and in service, and it is determined advantageous to purchase it;
  14. Where items are subject to rapid price fluctuation or immediate acceptance;
  15. Where there is evidence of resale price maintenance or other control of prices, lawful or unlawful, or collusion on the part of companies which thwarts normal competitive procedures;
  16. Where the amount of the purchase is too small to justify soliciting competition or where a purchase is being made and a satisfactory price is available from a previous contract;
  17. Where the requirement is for an authorized cooperative project with another governmental unit(s) or a charitable non-profit organization(s);
  18. Where a used item(s) is available on short notice and subject to prior sale.

EMERGENCY AND PRESSING NEED:

An agency may make purchases of commodities, printing or services in the open market in cases of emergency or pressing need. For this purpose, a pressing need is one arising from unforeseen causes, including but not limited to, delay by contractors, delay in transportation, breakdown in machinery, or unanticipated volume of work; while emergencies are defined as situations which endanger lives, property or the continuation of a vital program and which can be rectified only by immediate on-the-spot purchases or rental of commodities, printing or services.

 

 

 


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