Section 1300.2025  Sole Source Procurement

a)         Application

The provisions of this Section apply to procurement from a sole source unless the estimated amount of the procurement is within the limit set in Section 1300.2020 (Small Purchases) or unless emergency conditions exist as defined in Section 1300.2030 (Emergency Procurements) of this Part.

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 is deemed economically feasible.  A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential bidder or offeror authorized to provide that item.  The following are examples of circumstances that could necessitate sole source procurement:

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

2)         where a sole supplier's items are needed for trial use or testing;

3)         where a sole supplier's item is to be procured for commercial resale;

4)         where public utility regulated services are to be procured; or

5)         where the item is copyrighted or patented and the item is not available except from the holder of the copyright or patent.

c)         Changes to existing contracts germane to the original contract, which are necessary or desirable to complete the project, and which can be best accomplished by the contract holder, may be procured under this provision.

d)         The determination as to whether a procurement shall be made as a sole source shall be made by the CPO or SPO.  Such determination and the basis therefor shall be in writing.  Such officer may specify the application of such determination and the duration of its effectiveness.  Any request to the CPO that a procurement be restricted to one potential contractor shall be accompanied by an explanation as to why no other will be suitable or acceptable to meet the need.

e)         The OAG, having defined a sole source, shall publish notice of intent to contract with that vendor in the Bulletin at least 14 days prior to execution of the contract.

1)         If no challenge to this determination is made by a vendor within the 14-day period, the CPO or SPO may execute a contract with that vendor.

2)         If a challenge is received, the CPO or SPO shall consider the information and shall commence a competitive procurement if the CPO or SPO is convinced the sole source designation is not appropriate, unless an emergency situation now exists.

f)          Negotiation in Sole Source Procurement

The CPO or SPO shall conduct negotiations, as appropriate, as to price, delivery, and terms, and shall maintain a record of sole source procurements showing:

1)         the vendor's name;

2)         the amount and type of the contract;

3)         a listing of the supplies, services, or construction procured under each contract; and

4)         the identification number of the contract file.