Exclusions from a Competitive Procurement

Original Issuance Date: October 15, 2019
Last Revision Date: October 15, 2019
Effective Date: December 1, 2019

1. Policy Purpose

The purpose of this policy is to identify specific contracts that are excluded from competitive bidding. Due to the characteristics of these transactions, there typically is no competition to be sought.

2. Responsible UW System Officer

UW System Director of Procurement

3. Scope

This policy applies to contracts that fall under the Board of Regents procurement authority.

4. Background

There are contracts that do not have material value or should not be competed due to unique circumstances. This policy identifies those specific categories.

5. Definitions

None listed.

6. Policy Statement

Certain transactions may be excluded from competitive bidding by the UW institution’s purchasing office if the products or services requested are unique, industry specific or unavailable from multiple suppliers. Exclusions from competitive bidding should be documented for future audit. The following are examples of such products or services which may be eligible to be excluded from the competitive process:

Fees for subscriptions to journals/research databases
Merchandise to be bought and resold by brand name and/or customer preference in a public or institution store, if no competition is available.
Honoraria
Collaborative research arrangements that support the mission of the university (e.g. CERN)
Redistribution of gift or grant funds for pre-designated purposes determined by the gift or grant
Performers or Entertainers, intercollegiate athletic contracts and exhibitions or displays on university property
Contracts for UW programs and operations located or implemented out of the United States (excluding travel)
Surplus goods from another public entity, e.g. federal government surplus
Contracts covered by UW System Administrative Policy 342, Extramural Support Administration

Grants from and contracts with private, profit-making organizations with a value of between $500,000 and $1,000,000 must be reviewed by an institution’s legal affairs office or the UW System Office of General Counsel prior to execution.

Grants from and contracts with private, profit-making organizations with a value of more than $1,000,000, as well as athletics employment contracts where the total annual compensation is greater than $500,000, must be reviewed by the UW System Office of General Counsel and require formal approval by the Board of Regents prior to execution.

Policy Under Review

UW System Administrative Policy 522