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Bid Waiver Template for Ireland

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Key Requirements PROMPT example:

Bid Waiver

"I need a Bid Waiver document for an urgent IT system upgrade worth €200,000 from a sole technical provider, required to maintain critical healthcare services by March 2025."

Document background
A Bid Waiver is a critical document in Irish public procurement processes where standard competitive tendering procedures need to be bypassed. It is used when specific circumstances justify direct award of contracts, such as technical exclusivity, extreme urgency, or unique supplier capabilities. The document must demonstrate compliance with the European Union (Award of Public Authority Contracts) Regulations 2016 and Irish procurement guidelines while providing comprehensive justification for the waiver. It includes detailed market analysis, risk assessment, value for money demonstration, and required approvals from relevant authorities. The Bid Waiver serves as both a decision record and an audit trail, protecting public bodies from procurement challenges while ensuring transparency in public spending.
Suggested Sections

1. Parties: Identification of the contracting authority and the proposed supplier

2. Background: Context of the procurement requirement and brief history of any relevant previous procurement attempts or market engagement

3. Definitions: Key terms used throughout the document

4. Procurement Details: Specific details of the goods/services to be procured, including estimated value and duration

5. Justification for Waiver: Detailed explanation of why competitive tendering is not being pursued, referencing relevant legislation and procurement guidelines

6. Market Analysis: Evidence of market research conducted and demonstration that the selected supplier offers value for money

7. Risk Assessment: Analysis of risks associated with waiving competitive procurement and proposed mitigation measures

8. Compliance Confirmation: Confirmation that the waiver complies with relevant procurement rules and internal procedures

9. Financial Authority: Confirmation of budgetary availability and appropriate financial authority

10. Approval Requirements: List of required approvals and signature blocks for relevant authorities

Optional Sections

1. Previous Procurement History: Include when there have been previous attempts to procure these goods/services or relevant historical context

2. Technical Requirements: Include when the procurement involves complex technical specifications or requirements

3. Conflict of Interest Declarations: Include when there are potential conflicts of interest that need to be addressed

4. Timeline Constraints: Include when urgent procurement requirements are part of the justification

5. Market Engagement Summary: Include when prior market engagement has been conducted

6. Alternative Options Considered: Include when multiple procurement options were evaluated

Suggested Schedules

1. Schedule 1 - Scope of Supply: Detailed description of goods/services to be procured

2. Schedule 2 - Pricing Details: Breakdown of costs and pricing structure

3. Schedule 3 - Market Analysis Evidence: Documentation of market research, including competitor analysis and pricing comparisons

4. Schedule 4 - Supplier Due Diligence: Results of supplier evaluation and due diligence checks

5. Appendix A - Supporting Documentation: Any additional documentation supporting the waiver justification

6. Appendix B - Relevant Correspondence: Copies of relevant communications with the proposed supplier or other parties

7. Appendix C - Legal/Procurement Advice: Any formal advice received from legal or procurement professionals

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses




























Relevant Industries

Public Sector

Government Administration

Healthcare

Education

Infrastructure

Defense

Transport

Environmental Services

Information Technology

Professional Services

Construction

Utilities

Relevant Teams

Procurement

Legal

Finance

Compliance

Risk Management

Project Management

Internal Audit

Operations

Supply Chain

Commercial

Strategic Sourcing

Vendor Management

Relevant Roles

Procurement Manager

Contract Manager

Financial Controller

Legal Counsel

Compliance Officer

Project Manager

Department Head

Chief Financial Officer

Risk Manager

Procurement Officer

Budget Holder

Public Sector Administrator

Category Manager

Senior Buyer

Governance Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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