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

Owner:

Last updated: July 1, 2026

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.

The following are non-exhaustive examples of circumstances that may justify waiving the competitive bid process:

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

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. 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 five (5) business days.

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

  1. Goods purchased for the sole purpose of resale in retail operations, such as the Bookstore or Golf Pro Shop;
  2. 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
  3. Publications, periodicals, manuscripts or other goods in either hard copy or electronic format purchased for Library collections.
  4. Sequencing and analysis services for the continuation of research.
  5. Hotel room block agreements.
  6. Software Renewals.
  7. Repair and Maintenance agreement renewals.
  8. Blanket Orders not to exceed $50,000 per fiscal year.
  9. Performing Artists/Speakers
  10. Curriculum
  11. Herd Animals
  12. External Legal Counsel (Office of the General Counsel)

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.

D. Information. CPS shall conduct negotiations, determine price, availability, and terms for purchases exceeding the competitive bid threshold (see APM 60.02). Sole source letters alone from vendors are not accepted as an exception to the competitive bid process. For further information on the process to waive competitive bidding, call CPS at (208) 885-6116.

Version History

July 2026. Minor amendments to clarify the existing policy without changing its core intent or requirements; recommended by internal audit. Addition to exception items list and sole source letter clarification.

July 2015. Update to existing policy to require electronic notice of bid waiver purchases on the Office of Contracts and Purchasing’s website, which makes the current policy consistent with both Regents policy and state law.

2012. Establishes the competitive exemption (as practiced) for retail operations and Library collections.

2010. This addition adds language in the example section to provide competitive exceptions for copy write protection or patents which are a critical feature in an item to be purchased.

2005. Policy established.