Wis. Admin. Code Department of Administration Adm 8.05 - Waiver of bidding for sealed bids

(1) WAIVER REQUIREMENTS. Waiver of bidding may be authorized when in the best interests of the state. The department may authorize the waiver of bidding on procurements estimated to total less than $10,000. Authority to request the waiver of a sealed bid on procurements estimated at $10,000 or over may not be delegated by the department. All requests for waivers shall be thoroughly documented including justification for not using a competitive process.

(2) CONDITIONS FOR WAIVER OF BIDDING PROCESS. One or more of the following conditions, with written justification, may serve as criteria for request to waive the bidding process:

(a) The product is unique and can be established as one of a kind that is not available from more than one supplier;

(b) The purchase of specific used equipment will offer a significant discount to the state;

(c) The patented or proprietary features of a product will give the state a superior and necessary utility that cannot be obtained from others;

(d) An item is unique as determined by its historic, artistic, or educational value; or

(e) A risk of human suffering or substantial damage to real or personal property exists that requires immediate action.

(3) EXCEPTIONS. Bidding policies and procedures regarding procurements of printing and stationery may not be waived.

Notes

Wis. Admin. Code Department of Administration Adm 8.05

Cr. Register, September, 1986, No. 369, eff. 10-1-86.

See ss. 16.75(2) (a), 16.75(7), Stats., and Wis. Const. Art. 4, Sect. 25.