Bid Waivers

BID WAIVERS

A Bid Waiver is a specific approval methodology utilized to purchase goods or services without public advertising. Bid Waivers must be approved by the University through resolution at a public meeting of the Board of Trustees if the subject matter consists of at least one of the established statutory exceptions (listed below). Bid Waiver requests may be submitted for approval if the cost for goods or services exceed the public bidding threshold, and in instances where public bidding would be deemed impractical.

Public bidding is the preferred method of procurement and strongly encouraged wherever possible. Bid Waivers are considered an exception to general procurement policy and procedures, and should only be utilized in specific cases where no alternative procurement methods are available (such as State contract or cooperative purchasing agreement). Requests are evaluated on a case-by-case basis, and the end-user must demonstrate a legitimate rationale to make a purchase without public advertising. 

Bid Waiver requests must be submitted to BidWaiver@stockton.edu for review and approval, inclusive of all required information and signatures. The Office of Procurement & Contracting reserves the right to request additional information for assessment.

 

Bid Waiver Forms:

Bid Waiver Request Form
Vendor Compliance: Documentation Checklist

 

Important Upcoming Bid Waiver Dates

Bid Waiver Package: Submission Due Date Board of Trustee Meeting Dates
January 10, 2025 March 4, 2025
March 7, 2025 May 7, 2025
April 25, 2025 June 26, 2025
May 16, 2025 July 16, 2025

 

 

Actions Performed Prior to Submitting Bid Waiver Request

  • Search the State of New Jersey Division of Purchase and Property website to determine if the required goods or services are currently under a viable State contract.
  • Verify with the vendor that the required goods or services are not available through a Cooperative purchasing agreement. 
  • The Office of Procurement & Contracting may require quotes from at least two (2) additional vendors for similar goods or services, in order to demonstrate due diligence and safeguarding the expenditure of public funds. However, in lieu of quotes, a Statement of Explanation (Sole Source) may be completed and approved when deemed impractical to solicit competitive quotations, or after having sought quotations, it is determined that the purchase should not be made on that basis.

Additional Items Required with During Bid Waiver Request

  • Service Agreement for the goods or services (should be unsigned at time of request).
  • Compliance forms from the selected vendor (as needed).  

 

Public Advertising Exceptions: 

Bid Waiver requests will only be approved if the subject matter consists of one of the following statutorily established public advertising exceptions. 

  1. Professional Services.
  2. Extraordinary unspecifiable services and products which cannot reasonably be described by written specifications, subject, however, to procedures consistent with open public bidding whenever possible.
  3. Materials or supplies which are not available from more than one potential bidder, including without limitation materials or supplies which are patented or copyrighted.
  4. The doing of any work by employees of the University.
  5. The printing of all legal notices and legal briefs, records and appendices to be used in any legal proceeding to which the University may be a party and the use of electronic data or media services, including the internet, for the printing of these legal notices and legal briefs, records and appendices.
  6. Textbooks, copyrighted materials, student produced publications and services incidental thereto, library materials including without limitation books, periodicals, newspapers, documents, pamphlets, photographs, reproductions, microfilms, pictorial or graphic works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips, video and magnetic tapes, other printed or published matter and audiovisual and other materials of a similar nature, necessary binding or rebinding of library materials and specialized library services, including electronic databases and digital formats.
  7. Food supplies and services, including food supplies and management contracts for student centers, dining rooms and cafeterias.
  8. The supplying of any product or the rendering of any service by the public utility which is subject to the jurisdiction of the Board of Public Utilities, in accordance with tariffs and schedules of charges made, charged and exacted, filed with that board.
  9. Equipment repair service if in the nature of an extraordinary unspecifiable service and necessary parts furnished in connection with the services.
  10. Specialized machinery or equipment of a technical nature which will not reasonably permit the drawing of specifications, and the procurement thereof without advertising is in the public interest.
  11. Insurance, including the purchase of insurance coverage and consulting services, which exceptions shall be in accordance with the requirements for extraordinary unspecifiable services.
  12. Publishing of legal notices in newspapers as required by law and the use of electronic data or media services, including the internet, for the publication of the legal notices. 
  13. The acquisition of artifacts or other items of unique intrinsic, artistic or historic character.
  14. The collection of amounts due on student loans, including without limitation loans guaranteed by or made with funds of the United States of America, and amounts due on other financial obligations to the University, including but not limited to, the amounts due on tuition and fees and room and board.
  15. Professional Consulting Services.
  16. Entertainment, including without limitation theatrical presentations, band and other concerts, movies and other audiovisual productions.
  17. Contracts employing funds created by student activities fees charged to students or otherwise raised by students and expended by student organizations.
  18. Printing, including without limitation catalogs, yearbooks and course announcements and the production and reproduction of such material in electronic and digital formats, including compact discs.
  19. Information Technology.
  20. Personnel recruitment and advertising, including without limitation advertising seeking student enrollment.
  21. Educational supplies, books, articles of clothing and other miscellaneous articles purchased by the University for resale to University students and employees.
  22. Purchase or rental of graduation caps and gowns and award certificates or plaques.
  23. Items available from vendors at costs below State contract pricing for the same product or service, which meets or exceeds the State contract terms or conditions.
  24. Management contracts for bookstores, performing arts centers, residence halls, parking facilities and building operations. 
  25. Consulting services involving information technology, curricular or programmatic review, fund raising, transportation, safety or security.
  26. Construction management services for construction, alteration or repair of any building or improvement.
  27. 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.
  28. Banking and investment services.
  29. Energy supply, such as electric and gas, from a third-party supplier.
  30. Hazardous waste collection and disposal services.
  31. Supplies and services for the administration of study abroad or remote programs.
  32. Transportation Services.
  33. Vehicle Maintenance.
  34. Vending Services.
  35. Medical Testing.

b. Contracts with other governmental entities. 

c. After receiving no bids or having rejected bids on two occassions (or any combination thereof). 

 

Bid Waiver Process

  1. Step One: 

    End-user group establishes the need for goods or services with a total contract value in excess of the public bidding threshold.

  2. Step Two: 

    The Bid Waiver Request Form must be completed (inclusive of signatures) to secure a waiver of competitive bidding, and emailed to the Office of Procurement & Contracting at BidWaiver@stockton.edu, and copied to Jamie.Morgan@stockton.edu.

    As part of the request, the following items should be provided:

    1. Upon request by the Office of Procurement & Contracting, either quotations from at least two (2) additional vendors for comparable goods or services, or a Statement of Explanation (Sole Source) justification.
    2. Service Provider Agreement (should be unsigned at this time)
    3. Required procurement documentation for the selected vendor 

  3. Step Three: 

    The Office of Procurement & Contracting will review the Bid Waiver Request for completeness and accuracy. It will then be determined that no alternative procurement methods are available (such as State contracts or cooperative purchasing agreements), and that the goods or services meet one of the established statutory bid waiver exceptions. If all conditions are met, then the Bid Waiver request will be delivered to the University's Board of Trustees for review and final approval. 

  4. Step Four:

    If the Board of Trustees approves the Bid Waiver request, then the requestor will receive an email from the Office of Procurement & Contracting acknowledging the authorization, and a fully executed Bid Waiver Request form, signed by the Vice President for Administration & Finance and Chief Financial Officer. Additionally, there will be instructions to complete the contract. 

  5. Step Five:

    Once the contract is complete (signed by both the University and vendor), the requestor shall enter a Requisition. The Bid Waiver number should be included in within the Comments field, Activity field of the FOAPAL, and in Document Text. The corresponding contract number should also be referenced within Document Text. If any additional information is required for purchase order conversion, the Office of Procurement & Contracting will notify the requestor of any requirements. 

 

Frequently Asked Questions: Bid Waivers

A Bid Waiver is utilized to purchase goods or services, in excess of the Bid Threshold without public advertising. 

Bid Waivers are considered an exception to general procurement policy and procedures, and should only be utilized in specific cases where no alternative procurement methods are available (such as State contract or cooperative purchasing agreement). Requests are evaluated on a case-by-case basis, and the end-user must demonstrate a legitimate rationale to make a purchase without public advertising. 

Public bidding is the preferred method of procurement and strongly encouraged when possible.

The subject matter of the requested goods or services must meet one of the established public advertising exceptions (detailed above on this web page).

The requesting department submits a Bid Waiver Request Form to the Office of Procurement & Contracing for review. The Bid Waiver is then presented to the Vice President for Administration & Finance and Chief Financial Officer for review and approval. Lastly, a resolution is prepared and presented to the Board of Trustees for review and final authority, officially approving the Bid Waiver. 

The end-user must submit a fully completed Bid Waiver Request Form, and signed by the requestor & appropriate Divisional Executive. 

Generally, the Board of Trustees meets five (5) times each year in public session to approve Bid Waivers. For current and upcoming meeting dates, please visit the Board of Trustees official website.

Note: End-users may have to wait a few months between BOT meetings for their goods or services to be approved. 

The bid waiver request forms are due approximately two months prior to the Board of Trustees meeting dates to allow time for review and approvals (specific dates are detailed above on this web page). 

Generally, goods or services approved through a Bid Waiver will not be authorized through the P-card.  Instead, payments will be made through the  a requisition & purchase order process. In rare, and compelling circumstances, the Director of the Office of Procurement & Contracting, or designee, may grant authority to utilize a p-card for spend under a Bid Waiver. 

Yes, there are multiple vendor forms required by State law. Required forms may include, but are not necessarily limited to the following: W-9; Business Registration Certificate; Ownership Disclosure; Chapter 51/EO333 Political Disclosure; Disclosure of Investment Activities in Iran; Certification of Non-Involvement in Prohibited Activities in Russia or Belarus; Certificate of Employee Information Report (or federally-approved letter); Source Disclosure Certification; Certificate of Insurance; and if the work is subject to the Prevailing Wage Act, a Public Works Contractor Registration. 

The Bid Waiver approval is valid for a set period of time, as determined by the Board of Trustees Resolution, and only up to the approved dollar value. If the term, or cost of a Bid Waiver need to be modified, further requests and approvals must be made accordingly. 

A Bid Waiver Request Form must be completed & Board of Trustees approval must be obtained. The procurement of goods or services may be suspended during the approval process. 

The Bid Waiver Request form may be found above on this web page.