Current through Register Vol. 48, No. 38, September 20, 2024
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 set in Section
2000.2020 (Small
Purchases) or unless emergency conditions exist as defined in Section
2000.2030
(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) the compatibility of equipment,
accessories, replacement parts, or service is a paramount
consideration;
2) a sole supplier's
items are needed for trial use or testing;
3) a sole supplier's item is to be procured
for commercial resale;
4) public
utility regulated services are to be procured;
5) the item is copyrighted or patented and
the item or service is not available except from the holder of the copyright or
patent;
6) the procurement of the
media for advertising;
7) the
procurement of art or entertainment services; and
8) changes to existing contracts (see
subsection (c)).
c)
Changes
1) Changes to an existing contract
that are germane and reasonable in scope and cost in relation to the original
contract or program, that are necessary or desirable to complete the contract
or program, and that can be best accomplished by the contract holder may be
procured under this Section when the Procurement Officer determines that the
cost of delay or disruption to the contract or program, and the cost of a new
solicitation, clearly indicate that the existing vendor is the sole
economically feasible source.
2) A
change (whether in cost or rate) that does not exceed the applicable small
purchase limit as defined in Section
2000.2020 of this
Part, or that is an emergency as defined in Section
2000.2030
of this Part, may be made in accordance with procedures governing those
Sections and need not comply with these sole source procedures. A change in the
length of the contract that does not exceed 30 days and other minor, immaterial
changes to the scope or administrative provisions of a contract shall not be
considered changes subject to these sole source procedures.
d) Procurement Officer to
Determine
1) The determination as to whether
a procurement shall be made as a sole source shall be made by the Procurement
Officer. Such determination and the basis therefore shall be in writing. Such
officer may specify the application of such determination and the duration of
its effectiveness.
2) Any purchase
request submitted to the CPO suggesting that a procurement be restricted to one
potential vendor shall be accompanied by an explanation as to why no other
vendor will be suitable or acceptable to meet the need.
e) Publication of Sole Source Notice
The Procurement Officer shall publish in the Bulletin notice
of intent to contract with that vendor 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
Procurement Officer may execute a contract with that vendor.
2) If a challenge is received, the
Procurement Officer shall consider the information and shall commence a
competitive procurement if the Procurement Officer determines that more than
one economically feasible source may be available and the sole source
designation is, therefore, not appropriate, unless an emergency situation
exists.
f) Negotiation
in Sole Source Procurement
The Procurement Officer shall conduct negotiations, as
appropriate, to reach contract terms, including price, and shall maintain a
record of each sole source procurement showing:
1) the vendor's name;
2) the amount and type of the
contract;
3) what was procured;
and
4) the identification number of
the contract file.
g)
Prohibition Against Amending a Contract for Professional or Artistic Services
Based on Sole Source
The provisions of subsection (c) shall not permit an
amendment to a contract for professional or artistic services if:
1) there is an increase in the amount paid
under the contract of more than 5% of the initial award; or
2) the term of the contract would extend by a
period not to exceed the time reasonably needed for a competitive procurement
or 2 months, whichever is less.
