Waiver of Advertising

1. Professional services.
2. Extraordinary unspecifiable services and products which cannot reasonably be described by written specifications, subject, however, to procedures consistent with open public bidding whenever possible.
3. Materials or supplies which are not available from more than one potential bidder, including without limitation materials or supplies which are patented or copyrighted.
4. The doing of any work by employees of the University.
5. The printing of all legal notices and legal briefs, records, and appendices to be used in any legal proceeding to which the University may be a party and the use of electronic data or media services, including the internet...
6. Textbooks, copyrighted materials, student-produced publications and services incidental thereto, library materials including without limitation books, periodicals, newspapers, "..." including electronic databases and digital formats.
7. Food supplies and services, including food supplies and management contracts for student centers, dining rooms, and cafeterias, and perishable foods or subsistence supplies.
8. The supplying of any product or the rendering of any service by the public utility which is subject to the jurisdiction of the Board of Public Utilities, in accordance with tariffs and schedules of charges made ...
9. Equipment repair service if in the nature of an extraordinary unspecifiable service and necessary parts furnished in connection with the services. 
10. Specialized machinery or equipment of a technical nature which will not reasonably permit the drawing of specifications, and the procurement thereof without advertising is in the public interest.
11. Insurance, including the purchase of insurance coverage and consulting services, which exceptions shall be in accordance with the requirements for extraordinary unspecifiable services.
12. Publishing of legal notices in newspapers as required by law and the use of electronic data or media services, including the internet, for the publication of the legal notices.
13.  The acquisition of artifacts or other items of unique intrinsic, artistic, or historic character.
14. The collection of amounts due on student loans, including without limitation loans guaranteed by or made with funds of the United States of America, and amounts due on other financial obligations to the State College... 
15. Professional consulting services.
16. Entertainment, including without limitation theatrical presentations, band and other concerts, movies, and other audiovisual productions. 
17. Contracts employing funds created by student activities fees charged to students or otherwise raised by students and expended by student organizations.
18. Printing, including without limitation catalogs, yearbooks, and course announcements and the production and reproduction of such material in electronic and digital formats, including compact discs. 
19. Information technology. 
20. Personnel recruitment and advertising, including without limitation advertising seeking student enrollment. 
21. Educational supplies, books, articles of clothing, and other miscellaneous articles purchased by the University for resale to students and employees. 
22. Purchase or rental of graduation caps and gowns and award certificates or plaques, or the rental of space and equipment used for graduation and other events and ceremonies. 
23. Items available from suppliers at costs below State contract pricing for the same product or service, which meets or exceeds the State contract terms or conditions. 
24. Management contracts for bookstores, performing arts centers, residence halls, parking facilities, and building operations. 
25. Consulting services involving information technology, curricular or programmatic review, fundraising, transportation, safety, or security. 
26. Construction management services for construction, alteration, or repair of any building or improvement. 
27. Purchase or rental of equipment of a technical nature when the procurement thereof without advertising is necessary in order to assure standardization of equipment and interchangeability of parts in the public interest. 07/01/2025
28. Banking and investment services. 
29. Energy supply, such as electric and gas, from a third‐party supplier. 
30. Hazardous waste collection and disposal services.
31. Supplies and services for the administration of study abroad or remote programs. 
32. Transportation services. 
33. Vehicle Maintenance.
34. Vending Services. 
35. Medical Testing.
36. Services to be performed by the contractor which are of a technical nature. 
37. The lease of office space, office machinery, buildings or real property as may be required for the conduct of the University’s business.
38. The acquisition of real property by gift, grant, purchase or any other lawful manner in the name of and for the use of the University for the purpose of the administration of the University’s business.
39. More favorable terms can be obtained from a primary source of supply.
40. Articles of wearing apparel which are styled or seasonal in character; 
41. Commodities traded on a national commodity exchange to be purchased or when fluctuations of the market require immediate action.
42. It is to be made or entered into with the United States of America, the State of New Jersey, a county or municipality or any board, body, or officer, agency or authority or any other state or subdivision thereof.
43. The State College has advertised for bids on two occasions without an award.
44. Awarded through a reverse auction for the purchase of utilities and other commodities.

The department identifies the goods or services needed and determines whether the procurement exceeds the applicable bid threshold and may qualify under one of the statutory exemptions to public bidding. Departments should review the University’s Authorized Exemptions to Public Bidding to identify the applicable waiver category.

Before proceeding, departments should review available Active Supplier Contracts, Cooperative Contracts, and other approved purchasing methods to determine whether an existing contract or approved procurement method can be used instead of a waiver request. Departments are encouraged to confer with Procurement Services if they are unsure whether a waiver is appropriate before submitting a request.

Department managed: Departments may manage certain Waiver of Advertising requests when a statutory exemption applies. In these situations, the department is responsible for conducting and documenting the procurement process, including obtaining competition when appropriate, preparing the Scope of Work or specifications, evaluating responses, documenting the business justification and supplier selection rationale, and collecting required compliance documentation. Procurement Services reviews all requests for compliance with applicable requirements.

Procurement managed: Alternatively, departments may request that Procurement Services manage the competitive procurement process. The Strategic Sourcing Team can assist with developing and reviewing the Scope of Work or specifications, issuing requests for proposals or quotes, collecting required documentation, evaluating compliance requirements, and facilitating award and contract execution.

Departments are encouraged to contact Procurement Services before proceeding if they are unsure whether a waiver is appropriate or whether Procurement Services should manage the competitive process.

For department-managed waiver requests, departments should gather all required documentation before submitting the request in Workday Strategic Sourcing. Documentation may include:

• Scope of Work or specifications
• Three (3) or more proposals or quotes, unless the procurement qualifies as a sole source or another exemption where competition is not required
• Evaluation process and rationale for supplier selection
• Business justification, including the operational need, cost/benefit information, return-on-investment information, or other value considerations when applicable.
• Sole source justification, if applicable
• Supplier onboarding or update documentation, if the supplier is not active or current in Workday. Refer to the Supplier Onboarding & Maintenance page for additional information
• Supplier compliance documentation, if not current in Workday
• Contract documents, if a signed agreement is required
• Signed or redlined University Standard Terms and Conditions, if applicable

Department-managed Waiver of Advertising requests are submitted in Workday Strategic Sourcing (WSS) using the Delegated Waiver / BOT Request request type. This request type applies to new waiver requests, renewals, amendments, increases, and requests requiring Board of Trustees approval when the procurement is managed by the department. 

If the request includes a contract, submit the contract as part of the Delegated Waiver / BOT Request. Do not submit a separate contract request; Procurement Services will review the request as part of a single workflow. 

Once submitted in WSS, Procurement Services reviews the request and supporting documentation. This review may include confirming that the procurement process was sufficiently documented, verifying supplier compliance requirements, reviewing contract documents when applicable, confirming compliance with University policies, and preparing the waiver resolution or approval documentation.

After Procurement Services completes its initial review, the request routes through the applicable approval workflow in WSS. Approvals may include the requesting department’s Vice President, other approvals as required, Procurement Services, ad hoc approvals, and the appropriate final approval authority based on the total contract value. Other approvals may be required depending on the nature of the procurement, such as Information Technology review for SaaS or technology-related purchases.

Requests below $850,000 may be approved on a rolling basis in accordance with the University’s delegated approval authority and are subsequently reported to the Board of Trustees. Requests of $850,000 or greater require Board of Trustees approval before proceeding. Refer to the Approval Authority & Board of Trustees Requirements chart below for applicable approval thresholds and the Board of Trustees Submission Deadlines chart for planning purposes.

Once the waiver request is approved, Procurement Services will create or update the related contract record within WSS for tracking and repository purposes. A contract record may be created in WSS even if the supplier accepts a Purchase Order in place of a separately signed contract.

If a contract requires signature, the process may include University Counsel review and contract execution before the supplier may begin work. Refer to the Contracting page for additional information. If no separate signed contract is required, the related Purchase Order may serve as the authorization for the supplier to proceed once issued.

Approved waiver documentation and related contract materials are stored in WSS, where stakeholders may access the approval resolution, assigned waiver/resolution number, fully executed contract documents if applicable, contract metadata, expiration notifications, and related contract information. WSS serves as the University’s centralized repository for procurement-related documents and may integrate with Workday Finance to support requisitioning and contract spend tracking.