01 NCAC 05B .0503          NEGOTIATION

If an agency does not receive a satisfactory offer in response to a solicitation and all offers are rejected, negotiations may be conducted with all known sources of supply that may be capable of satisfying the requirement, if it is determined by the agency that issued the solicitation document that soliciting offers again would serve no purpose.  The negotiations shall be conducted by that agency if under their benchmark or delegation.  Negotiations shall be conducted in writing and shall include standard language and terms and conditions issued by the Division of Purchase and Contract, unless otherwise provided by rule. If the negotiations are conducted with only one source or if only one source responds to the negotiations, the reason for lack of competition shall be documented in writing for public record.  Negotiations may also be conducted under conditions that merit a waiver of competition, or in other situations that are advantageous as determined by the SPO.


History Note:        Authority G.S. 143-52; 143-53; 143-60;

Eff. February 1, 1996;

Amended Eff. April 1, 1999.