260:115-1-6. Waivers

  1. Waiver request.
    A state agency may request a waiver from certain requirements of the rules of this chapter or the Purchasing Act from the State Purchasing Director if:
    1. the state agency reasonably believes that it would be unable to perform a necessary function due to the inability to make an acquisition pursuant to rules of this Chapter or the Purchasing Act; or,
    2. a court order directs the state agency to make an acquisition from a specified vendor or provider.
  2. Approval of waiver request.
    After a waiver request is reviewed, the State Purchasing Director shall notify the state agency of the approval, conditional approval or denial of the waiver request.
  3. Acquisition pursuant to a waiver.
    A waiver does not exempt an agency from compliance with the agency's approved internal purchasing procedures including but not limited to obtaining required certifications and documentation required under this chapter or the Purchasing Act.
  4. Waiver of Acquisition Based on Agency Expertise.
    Prior to a state agency making an acquisition in excess of its acquisition threshold amount, pursuant to 74 O.S. §85.5(N), the agency shall submit a written request in the manner prescribed by, and associated requirements and criteria established by, the State Purchasing Director.
  5. Additional requirements pursuant to a waiver.
    In addition to the requirements of 74 O.S. §85.5(N), an agency making an acquisition in excess of its acquisition threshold amount pursuant to a waiver based on agency expertise shall comply with applicable portions of 74 O.S. §85.7, the rules of this Chapter and any other applicable state laws and rules. The quarterly report required by 74 O.S. §85.5(N) shall be submitted by the 5th business day of each new fiscal quarter.
  6. Reporting requirement pursuant to a waiver.
    An agency shall submit a report in electronic format to the State Purchasing Director on a quarterly basis, which lists all contracts issued pursuant to this section.