1. Bid Waiver Process
April 2018

2. Q: What is a bid waiver?
A: A particular purchase, contract or agreement over the bid threshold and without advertising for a Bid, that meets the statutory exceptions, is approved by the Board of Trustees by a Resolution.
State College Contracts Law Statute N.J.S.A. 18A:64-56(a)(b)(c)

3. Q: When do you need a bid waiver?
A: Use when purchase exceeds $33,300 but meets statutory definitions listed on the bid waiver form.

4. Bid Waiver Exceptions:
Professional Service
Products/Services where written specification cannot be developed
Material/Supplies available through only one bidder
Work done through University employees
Printing of legal notices/legal briefs/legal materials
Textbooks, copyrighted materials, library materials, newspapers or other audio/visual materials
Food supplies and services
Services through public utilities
Equipment repair services or parts ordered
Specialized machinery or equipment
Insurance
Publishing of legal notices
Acquisition of artifacts/articles of historic or artistic nature
Student load collections
Professional consulting services
Entertainment, including theatrical presentations
Contracts related to student activity fees or student funds not under direct control of the University
Printing

5. Bid Waiver Exceptions continued
Data processing software, systems, services and equipment
Personnel recruitment and advertising
Educational supplies, books etc. purchased by a University bookstore
Purchase or rental of graduation gowns, certificates or plaques
Items available at costs below State contract pricing for same product/service, which meets or exceeds the State contract terms or conditions
Mgmt. contracts for bookstores, performing arts centers, resident halls, parking facilities, bldg. operations
Consulting services involving information technology, curricular or programmatic review, fund raising, transportation, safety or security
Const. Mgmt. Svcs. For construction, alteration or repair of any building or improvement
Purchase or rental of equipment of a technical nature when the procurement thereof without advertising is necessary in order to assure standardization of equipment and interchangeability of parts in the public interest
N.J.S.A. 18A:64-56b. Contracts with other governmental agencies
N.J.S.A. 18A:64-56c. After receiving no bids or having rejected bids on two occasions

6. Step One: Do your research
Identify product/service required
Check State of NJ State Contract website
If on State Contract –
*Bid Waiver not required*
Get Quote(s) & Prepare Requisition
Prepare (RFQ)
Request for Quote
(should obtain at least 3)
* Choose vendor
* Prepare Bid Waiver Request Form
Contact Procurement Dept. for other Co-operative purchasing options (GSA, MRESC/ESCNJ, etc.)
Available Co-Ops on Purchasing website
Sole Source Vendor
Prepare:
Sole Source Justification Form
Bid Waiver Request Form
If available on Co–Op -

7. Step Two: Prepare Bid Waiver
Prepare Bid Waiver Request Form
Required Signatures: *Requestor
*VP of Division
* Three Quotes
* Service Provider Agreement (unsigned & without L#)
* Vendor Proposal
(include with SPA)
Sole Source Justification, if applicable
* Vendor Documents, if
received
signed B.W. packet to for review.

8. Bid Waiver Vendor Document Packet Consists of:
Forms
W-9 (New Vendor Information Form, if applicable)
Business Registration Certificate
(Spend over $4,995)
C.51 Certification (Spend over $17,500)
COI (on campus)
Ownership Disclosure Form
Iran Certification
Public Works Registration (if applicable)
Employee Information Certificate & Mandatory Equal Employment Opportunity Language in contract
(Spend over $33,300)
E.O. 129 Certification - Source Disclosure Form (service contracts only)

9. Step Three: Approval Granted
Bid Waiver Granted
Board of Trustee
Approval
Department will receive an from Purchasing
which includes:
Bid Waiver Request Form signed by
V.P. for Admin & Finance
Contract approved by
Legal with L#
Instructions for:
* Contract signatures
* Requisition completion

10. Please Note:
Creating requisitions associated with the bid waiver, please be sure to do the following:
Reference the bid waiver number & contract number in document text
Add the bid waiver number in the activity field in the FOAPAL line
Attach the fully executed contract
Contract Procedures:
Purchasing will obtain the L# for contracts.
If the vendor makes any changes to the agreement, the revisions must be reviewed and approved by Legal Counsel prior to execution, please cc Jamie Morgan on the .
When the vendor signature has been obtained, the agreement should be ed to for the University Contracting Officer’s signature.
Once the fully executed  contract is received, please a copy to Jamie Morgan.  

11. Quotation Form