Acts and Regulations

2014-93 - Goods and Services

Section 156
Disposition versions

Full text
Mutual agreement if only one supplier
156A procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement if no reasonable alternative or substitute goods or services exist and only one prospective supplier is able to meet the procurement requirements in any of the following circumstances:
(a) to recognize exclusive rights, such as exclusive licences or copyright or patent rights;
(b) there is an absence of competition for technical reasons;
(c) the supply of the good or service is controlled by a supplier that is a statutory monopoly;
(d) Repealed: 2019-20
(e) the procuring entity requires work to be performed on or about a leased building that may be performed only by the lessor;
(f) the procuring entity requires work to be performed on property by a contractor according to the provisions of a warranty or guarantee with respect to the property or with respect to the original work of the contractor; or
(g) Repealed: 2019-20
(h) Repealed: 2019-20
(i) the procurement of an original work of art.
2019-20
Mutual agreement if only one supplier
156A procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement if only one prospective supplier is able to meet the procurement requirements in any of the following circumstances:
(a) to recognize exclusive rights, such as exclusive licences or copyright or patent rights, or to maintain specialized goods that must be maintained by the manufacturer or its representative;
(b) there is an absence of competition for technical reasons, and the goods or services can be supplied by only one person and no alternative or substitute exists;
(c) the supply of the good or service is controlled by a supplier that is a statutory monopoly;
(d) the procurement of goods on a commodity market;
(e) the procuring entity requires work to be performed on or about a leased building that may be performed only by the lessor;
(f) the procuring entity requires work to be performed on property by a contractor according to the provisions of a warranty or guarantee with respect to the property or with respect to the original work of the contractor;
(g) the good or service being procured is a prototype or a first good or service to be developed in the course of and for a particular contract for research, experiment, study or original development, but not for any subsequent purchases;
(h) the procurement of goods under exceptionally advantageous circumstances such as a bankruptcy or receivership, but not to make routine purchases; or
(i) the procurement of an original work of art.
Mutual agreement if only one supplier
156A procuring entity may enter into a procurement contract with a prospective supplier by mutual agreement if only one prospective supplier is able to meet the procurement requirements in any of the following circumstances:
(a) to recognize exclusive rights, such as exclusive licences or copyright or patent rights, or to maintain specialized goods that must be maintained by the manufacturer or its representative;
(b) there is an absence of competition for technical reasons, and the goods or services can be supplied by only one person and no alternative or substitute exists;
(c) the supply of the good or service is controlled by a supplier that is a statutory monopoly;
(d) the procurement of goods on a commodity market;
(e) the procuring entity requires work to be performed on or about a leased building that may be performed only by the lessor;
(f) the procuring entity requires work to be performed on property by a contractor according to the provisions of a warranty or guarantee with respect to the property or with respect to the original work of the contractor;
(g) the good or service being procured is a prototype or a first good or service to be developed in the course of and for a particular contract for research, experiment, study or original development, but not for any subsequent purchases;
(h) the procurement of goods under exceptionally advantageous circumstances such as a bankruptcy or receivership, but not to make routine purchases; or
(i) the procurement of an original work of art.