6.5 When waiver of competition is necessary

Competition may be waived only in certain circumstances and only when deemed to be in the best interest of the Commonwealth as specified below:

  • When competition is not practical for an IT purchase. The procurement request, along with the justification, must be signed by the agency head or designee and sent to VITA for review and approval prior to the agency taking any further action.
  • When a needed product is only available from one source. For additional information refer to Chapter 16 of this manual, Sole Source Procurement Method.
  • When standardization or compatibility is the overriding consideration. Proprietary procurements are those in which there is only one solution available to meet an agency's needs; however, multiple suppliers may be able to provide the IT goods and/or services required for the solution. Competition may or may not be available for proprietary procurements; therefore, the sole source process does not always apply to these procurements.
  • When the amount of the purchase is too small (less than $10,000 to justify the issuance of a solicitation or where a purchase is being made and a satisfactory price is available from an existing contract.
  • When an emergency procurement is needed to remedy a situation to protect the health, welfare or safety of the Commonwealth' citizens and there is no time for a competitive procurement; although competition should be sought to the maximum degree possible. An emergency is a serious or urgent situation requiring immediate action to protect persons or property. (The potential loss of funds at the end of a fiscal year or grant year is not considered an emergency.) Refer to VITA's Emergency Procurement (pdf).
  • When purchases from joint and cooperative contracts available through the federal government; other states, their agencies; and public bodies are available and such purchase has been pre-approved by the Commonwealth's CIO. Refer to VITA's Coop Procurement Policy (pdf).
  • When purchases are under $50,000 and for used materials and equipment, if the purchase is pre-approved by the Commonwealth's CIO.
  • When procurements are made from competitively procured VITA statewide IT contracts. These contracts have been through the competitive procurement process. Purchases from these contracts are allowed in any amount without further competition being required.