Waiver of Solicitation

When possible, utilize Kansas State Use vendors or established University-wide contracts for purchases. If the vendor is unavailable through those avenues and the purchase is $10,000 or greater, units should submit a request for a new solicitation through the Contract Lifecycle Management (CLM) system. If solicitations do not meet the criteria below, please submit a new purchase request in the CLM. By selecting a waiver for the type of purchase, the CLM request will prompt you to identify the appropriate exemption justification.

Exemption Requirements

The following justifications may grant your purchase exemption from the competitive solicitation process.

Sole Source - Only one vendor provides the commodity or service.
Public Emergency - Immediate need for life, safety or public health.
Research Emergency - Immediate need for vital preservation of research.
Highly Unique or Specialized Services (Technical, Scientific, Professional) - Provides expertise of a specialized nature not offered by other vendors.
Kansas Statue or Federal Legislation - Includes required to utilize MBE/WBE/DBE vendors.
Renewal/Amendment/Change Order - The current vendor is best positioned (knowledge/familiarity) to perform the work. Engaging a new vendor would cause project delays and/or introduce additional costs.
Used Equipment
Compatible or Propriety Hardware, Software or Equipment
Patented and/or Copyrighted Materials - Only available from the publisher
Animal and Animal Care Materials - Feed and/or bedding specialized in nature.
Membership/Subscription/Database Access - Only available from a single vendor (does not include software or services)
University Affiliates
Government/Higher Education Entity
Lecturer/Speaker/Entertainer - If procuring a specific individual/group. Units must use the preapproved Lecturer/Speaker/Entertainer template. General speaking solicitations should go through the competitive solicitation process.

How to Request a Waiver of Solicitation

Submit a request through the CLM.
Include the following additional items:

If the vendor is requesting KSU agree to any terms and conditions, agreements or contracts, request the vendor to review and initial their acceptance of the Contractual Provisions Attachment (Form KSU-146a) PDF.
If there are no terms and conditions, agreements, or contracts provided by the vendor, create and submit a KSU purchase order or an approved departmental purchase order. Many vendors require a purchase order in addition to agreements and signed contracts. When a purchase order is required, it should be completed and attached in the CLM.