34.044. One source of supplies, waiver of competitive bids and proposals--recession of waiver, when--single source exists, when--advertising waived, when.
One source of supplies, waiver of competitive bids andproposals--recession of waiver, when--single source exists,when--advertising waived, when.
34.044. 1. The commissioner of administration may waive therequirement of competitive bids or proposals for supplies when thecommissioner has determined in writing that there is only a single feasiblesource for the supplies. Immediately upon discovering that other feasiblesources exist, the commissioner shall rescind the waiver and proceed toprocure the supplies through the competitive processes as described in thischapter. A single feasible source exists when:
(1) Supplies are proprietary and only available from the manufactureror a single distributor; or
(2) Based on past procurement experience, it is determined that onlyone distributor services the region in which the supplies are needed; or
(3) Supplies are available at a discount from a single distributorfor a limited period of time.
2. On any single feasible source purchase where the estimatedexpenditure shall be five thousand dollars or over, the commissioner ofadministration shall post notice of the proposed purchase. Where theestimated expenditure is twenty-five thousand dollars or over, thecommissioner of administration shall also advertise the commissioner'sintent to make such purchase in at least two daily newspapers of generalcirculation in such places as are most likely to reach prospective biddersor offerors and may provide such information through an electronic mediumavailable to the general public at least five days before the contract isto be let. Other methods of advertisement, however, may be adopted by thecommissioner of administration when such other methods are deemed moreadvantageous for the supplies to be purchased. The requirement foradvertising may be waived, if not feasible, due to the supplies beingavailable at a discount for only a limited period of time.
(L. 1995 H.B. 562)