60.13 - Waiver of Competitive Bid Process (formerly Sole Source Procurements)

A. General. Purchases exceeding the competitive bid threshold (see APM 60.02) shall be made in a manner that provides maximum practicable open and free competition appropriate to the type of product or service to be provided. A preference for a particular proprietary item does not justify a waiver of the bid requirements if there is more than one potential source for that item. [rev. 1-10, 4-11, 6-15]

The following are non-exhaustive examples of circumstances that may justify waiving the competitive bid process: [rev. 4-11]

• Spare parts or replacement parts for existing equipment where proprietary items can only be acquired from the manufacturer or from a single distributor.
• Property rights of a company for an item or service that make a mandatory critical feature non-competitive. [add. 1-10]
• Routine expenses such as utility charges.[rev. 1-10]
• Compatibility of equipment or accessories is the paramount consideration.
• Equipment is experimental or developmental. [rev. 1-10]

B. Procedure. The determination to waive the competitive bid process may be made only by the Director of Contracts and Purchasing Services (CPS). Any request by a unit to restrict a purchase to one potential supplier must be accompanied by an explanation as to why no other item or vendor is suitable or a statement that no other vendor exists to meet the need. Request should be submitted on the current bid waiver request form found on the CPS website. [rev. 1-10, 4-11, 6-15]

Pursuant to Idaho Code 67-5720(2), when there is only one (1) vendor for the property to be acquired, unless the property is required for a life-threatening situation or a situation that is immediately detrimental to the public welfare or property, notice of a bid waiver procurement shall be published on the CPS website for a period of seven (7) business days. [add. 6-15]

C. Exceptions to Competitive Bid Requirements. The following are exempt from competitive bid requirements:

• Goods purchased for the sole purpose of resale in retail operations, such as, the Bookstore or Golf Pro Shop;
• Products manufactured by, or services provided by, Rehabilitation Facilities (as defined in APM 60.51) that satisfy the requirements of APM 60.51 Section B; and[add. 2-12]
• Publications, periodicals, manuscripts or other goods in either hard copy or electronic format purchased for Library collections.

These procurements are still subject to applicable laws, regulations, and Board of Regents policies. Materials, supplies, services or goods required to maintain operations in these service facilities must continue to follow competitive acquisition policies. [add. 4-11]

D. Information. CPS shall conduct negotiations, determine price, availability, and terms for purchases exceeding the competitive bid threshold (see APM 60.02). For further information on the process to waive competitive bidding, call CPS at (208) 885-6116. [rev. 1-10, ren. & rev.4-11], ed. 6-15]

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