SECTION 0900 – WAIVER OF COMPETITION

09 NCAC 06B .0901          CONDITIONS FOR LIMITED OR WAIVED COMPETITION

(a)  Under conditions listed in this Rule, and otherwise if deemed to be in the interest of the State by the State CIO, competition may be limited or waived where a factual basis demonstrates support of one or more of the conditions set forth in Paragraph (b) of this Rule.  If the procurement is within a purchasing agency's general delegation, then the purchasing agency may waive competition in conformance with this Rule.  If the procurement is greater than the agency's delegation, the agency shall submit a written request including facts supporting conditions set forth in Paragraph (b) of this Rule for limited or waived competition to the State CIO for approval.

(b)  Competition may be limited or waived under the following conditions:

(1)           competition is not available;

(2)           a needed product or service is available from only one source of supply;

(3)           emergency action is indicated;

(4)           competition has been solicited but no responsive offers have been received;

(5)           standardization or compatibility is the overriding consideration;

(6)           a donation stipulates the source of supply;

(7)           personal or particular professional services are required;

(8)           a product or service is needed for a person with disabilities and there are overriding considerations for its use;

(9)           additional products or services are needed to complete an ongoing job or task;

(10)         a particular product or service is desired for educational, training, experimental, developmental or research work;

(11)         equipment is already installed, connected and in service, and it is determined advantageous to purchase it;

(12)         items are subject to rapid price fluctuation or immediate acceptance;

(13)         there is evidence of resale price maintenance or other control of prices or collusion on the part of persons or entities that thwarts normal competitive procedures unless otherwise prohibited by law;

(14)         a purchase is being made and a price is available from a previous contract;

(15)         the requirement is for an authorized cooperative project with another governmental unit(s) or a charitable non-profit organization(s); or

(16)         a used item is available on short notice and subject to prior sale.

History Note:        Authority G.S. 143B-1322(c); 143B-1350;

Temporary Adoption Eff. January 1, 2000;

Eff. August 1, 2000;

Amended Eff. September 1, 2013;

Readopted Eff. March 1, 2016.