A purchasing entity may acquire goods or services on a non-competitive basis as authorized in subchapter A, of this chapter under any of the following circumstances:

1. (1) The purchasing entity enlists or enrolls vendors, suppliers, or service providers under a method that is open to all such vendors, suppliers, or service providers who meet qualification criteria established by the purchasing entity as provided in §391.183 of this chapter;
2. (2) The purchase is required by state and/or federal law to be awarded on a non-competitive basis;
3. (3) The purchase may be conducted as a noncompetitive negotiation as specified in §391.161 of this chapter;
4. (4) The purchase is subject to an exception to competitive purchasing requirements as specified in §391.109 of this chapter; or
5. (5) The purchase is for an amount not more than $5000 or a lesser sum established by the purchasing entity.

Source Note:The provisions of this §391.103 adopted to be effective December 19, 2000, 25 TexReg 12371.