09 NCAC 06B .0902          APPROVAL AND DOCUMENTATION

Although competition may be waived pursuant to Rule .0901 of this Section, the use of competition is required wherever practicable. Where waiver is contemplated, agencies may negotiate with a potential vendor(s) in an effort to acquire the quality of good or service needed at the best possible price, delivery, terms and conditions, when the expenditure is less than their respective benchmark or delegation. Documentation justifying waiving the competitive process must be attached to the record of this type of procurement.  The procurement process of requesting or inviting an offer(s) shall be handled by the agency, including standard language terms and conditions issued by ITS. Under an emergency or pressing need situation, the procurement process requesting or inviting an offer(s) shall be handled by the agency, including standard language terms and conditions issued by ITS, unless circumstances prohibit their use.  Negotiations may also be conducted with a potential vendor(s) for contracts exceeding the delegation if the agency has received prior approval from ITS.  All actions that exceed the benchmark are subject to the conditions of Rule .1102 of this Subchapter.

History Note:        Authority G.S. 147-33.103(b);

Temporary Adoption Eff. January 1, 2000;

Eff. August 1, 2000.