Are there any instances where the professional services selection procedures outlined in Delaware Code, Title 29, Chapter 69, Section 6981 can be waived?
Yes. The competitive selection procedure can be waived based upon a “critical need” as outlined in Section 6907. A “critical need” is based upon emergencies or other conditions, that could have not been reasonably foreseen. Also, competition can be waived based upon a “sole source” as outlined in Section 6985. The state agency head must determine in writing that there is only one source for the required professional service and no other type of service will satisfy their requirements. The agency is encouraged to submit the sole source documentation to the Division of Support Services for confirmation.
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