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Bid Waiver for the United States

Bid Waiver Template for United States

A Bid Waiver is a formal document used in United States public procurement processes that justifies deviation from standard competitive bidding requirements. It provides detailed documentation of why normal procurement procedures cannot or should not be followed, including justification, cost analysis, and compliance verification. The document must comply with federal, state, and local procurement regulations and requires appropriate authorization levels.

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Bid Waiver

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What is a Bid Waiver?

A Bid Waiver document is utilized when circumstances necessitate bypassing standard competitive bidding processes in public procurement within the United States. The document must demonstrate compelling reasons for waiving competition, such as emergency circumstances, sole source availability, or other justified exceptions to normal procurement procedures. The Bid Waiver includes detailed justification, market research, cost analysis, and compliance verification with applicable federal, state, and local procurement regulations. It serves as both a legal record and an audit trail for procurement decisions made outside standard competitive processes.

What sections should be included in a Bid Waiver?

1. Parties: Identification of the procuring entity requesting the bid waiver

2. Background: Context of the procurement need and general circumstances necessitating the waiver

3. Definitions: Key terms used throughout the waiver document

4. Justification: Detailed explanation of why competitive bidding cannot or should not be used

5. Cost Analysis: Demonstration of price reasonableness and value for money

6. Compliance Statement: Declaration of compliance with applicable procurement laws and regulations

What sections are optional to include in a Bid Waiver?

1. Emergency Declaration: Required section when waiver is based on emergency circumstances requiring immediate procurement action

2. Sole Source Justification: Required section when claiming that only one vendor can meet the specific procurement requirements

3. Market Research Summary: Overview of market research conducted to support the waiver request and justify procurement approach

What schedules should be included in a Bid Waiver?

1. Schedule A - Vendor Quote/Proposal: Detailed pricing and scope documentation from the selected vendor

2. Schedule B - Market Research Documentation: Supporting evidence of market research conducted to justify the waiver request

3. Schedule C - Cost/Price Analysis Worksheet: Detailed analysis of proposed costs and price reasonableness determination

4. Schedule D - Regulatory Compliance Checklist: Verification checklist demonstrating compliance with applicable procurement regulations

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Waiver

Cost

Free to use
Relevant legal definitions




















Clauses




















Industries

Federal Acquisition Regulation (FAR): Primary regulation for federal procurement procedures, including provisions for competition requirements and waivers

Competition in Contracting Act (CICA): Federal law requiring full and open competition in government procurement, with specified exceptions for bid waivers

Federal Grant and Cooperative Agreement Act: Legislation governing federal assistance relationships and associated procurement requirements

2 CFR 200 (Uniform Guidance): Federal regulations providing framework for grants management and procurement standards under federal awards

State Procurement Codes: State-specific laws governing procurement procedures and bid waiver requirements at the state level

State Administrative Procedures Acts: State-level regulations defining administrative processes for procurement and waivers

Local Government Purchasing Laws: Municipal and county-level requirements for procurement and bid waivers

Public Procurement Thresholds: Dollar amount limits that determine when competitive bidding is required and when waivers may be considered

Emergency Procurement Provisions: Special rules allowing bid waivers in emergency situations or urgent circumstances

Sole Source Justification Requirements: Documentation and proof required to justify why only one vendor can meet the procurement needs

Small Business Set-Aside Requirements: Regulations ensuring consideration of small businesses in procurement processes, even with bid waivers

Minority/Women-Owned Business Requirements: Provisions to ensure fair consideration of minority and women-owned businesses in procurement processes

Market Research Documentation: Required evidence of market analysis to justify bid waiver decisions

Cost/Price Analysis Requirements: Documentation showing that pricing is fair and reasonable despite lack of competition

Conflict of Interest Disclosures: Required declarations ensuring no conflicts exist in bid waiver situations

Internal Review Procedures: Organizational processes for reviewing and approving bid waivers

Public Notice Requirements: Rules governing public disclosure of bid waiver decisions and justifications

Transparency Regulations: Requirements for maintaining openness and accountability in non-competitive procurement processes

Audit Trail Requirements: Documentation requirements for maintaining complete records of bid waiver decisions and justifications

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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