R-24-103-208-04

Current through Register Vol. 48, No. 1, January 10, 2025

Section R-24-103-208-04 - Special Circumstance Procurement

A contract may be awarded by use of a special circumstance procurement. A special circumstance exists where competition is required but procurement methods available in the code or these rules are contrary to the public interest or not advantageous to the state. In these situations, the procurement official may initiate a special circumstance procurement.

(a) Examples of special circumstance include, but are not limited to:

(i) the market for providing a good or service is limited based on specific, tangible requirements;

(ii) the market has not matured to the point of providing adequate competition, as defined in rule R- 24-103-403 -01; or

(iii) disclosure of the requirements for the goods or services is contrary to the public interest.

(b) To qualify a procurement as a special circumstance procurement, the procurement official shall provide a written request to the chief procurement officer, stating the reasons the procurement qualifies as a special circumstance. This request should be supported by sufficient market research and address the requirement of fair and reasonable pricing.

(c) The determination of the chief procurement officer as to whether the procurement qualifies as a special circumstance procurement shall be final.

R-24-103-208-04

38 CR 15, August 10, 2015, effective 8/31/2015

41 CR 17, September 10, 2018, effective 10/1/2018

46 CR 11, June 10, 2023, effective 7/1/2023