Section 8.2025  Sole Economically Feasible Source Procurement

a)         Application.  The provisions of this Part apply to procurement from a sole economically feasible source (referred to as "sole source") unless the estimated amount of the procurement is within the limit authorized in Section 8.2020 (Small Purchases) or unless emergency conditions exist as defined in Section 8.2030 (Emergency Procurements), in which case those other procedures may be used.

b)         Conditions for Use of Sole Source Procurement.  Sole source procurement is permissible when a requirement is available from only a single supplier or when only one supplier or service provider is deemed economically feasible.  A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one vendor authorized to provide that item.  The following are examples of circumstances that could necessitate sole source procurement (but are not exhaustive):

1)         compatibility of equipment, accessories, replacement parts or service is a paramount consideration;

2)         items are needed for trial use or testing of that specific product or service;

3)         non-competitive public utility services;

4)         item is copyrighted or patented and the item or service is not available except from the holder of the copyright or patent;

5)         contract has expired, but the supplies or services have not been fully provided;

6)         Federal or State grant requires contract with named vendor;

7)         changes to existing contracts (see subsection (c)).

c)         Changes

A change that is germane and reasonable in scope and cost in relation to the original contract that is necessary or desirable to the success of the project need not comply with these sole source procedures.

d)         Sole Source Determination and Hearing

1)         CDB may request that a particular procurement be made on a sole source basis.  The request shall be in writing on a form prescribed by the Procurement Policy Board and shall describe in detail the basis for the sole source determination.

2)         If the SPO approves, the SPO shall cause to be published in the Bulletin and provided to PPB the notice of intent required by Section 20-25(c) of the Code.  In addition to meeting other requirements, the notice shall advise interested parties of the date, time and location of any hearing that may be held in response to a written request submitted by an interested party to challenge the justification for use of the sole source procurement method.

3)         The hearing date shall be set for a date no fewer than 15 days after publication of the notice.  Unless an interested party's request for hearing is received by the CPO no later than the close of business on the date prior to the scheduled hearing, the Procurement Officer shall cancel the hearing and cause notice of cancellation to be published in the Bulletin prior to the hearing date.  If a hearing is requested, the procurement may proceed on a sole source basis only after the hearing is conducted and with the approval of the CPO.

e)         Hearing Procedures.  Any hearing required shall be conducted in accordance with Subpart T.