I.2.7. Deviations

A deviation may be deemed necessary for circumstances in which the prescribed policies, procedures, and provisions are not totally appropriate for the development of a new technique or approach, or for specific procurement situations. The term "deviation" includes:

• The issuance and/or use of any policy, procedure, provision, or instruction of any kind at any stage of the procurement process, which is inconsistent with a policy, procedure, or provision, set forth in the GPMGeorgia Procurement Manual or provision directive governed by state entities and others subject to the State Purchasing Act; and/or
• The use of a clause or provision covering the same subject matter as a prescribed clause or provision, or the modification or omission of a prescribed clause or provision.

No protest shall lie with regards to a deviation unless the protesting party demonstrates that an apparent successful supplier received a material competitive advantage due to such deviation or that such deviation is contrary to law.

Best Practice Procedure: A request for approval of any deviation should be made in writing by the APOAgency Procurement Officers or CUPOCollege/University Procurement Officer to the State Purchasing Division Deputy Commissioner (or must conform to such other processes for approving deviations as defined in the GPMGeorgia Procurement Manual). The request should explain the nature of the deviation, provide reasons why a deviation is necessary and explain why it is in the best interest of the state of Georgia to grant the deviation. The State Purchasing Division Deputy Commissioner will review the deviation and determine whether the request can be approved. The deviation request and the action taken should be documented in the contract file.