Current through Register Vol. 48, No. 38, September 20, 2024
a) Application
The provisions of this Part apply to procurements from a sole
source and sole economically feasible source unless the estimated amount of the
procurement is within the limit set in Section
4.2020 (Small
Purchases) or unless emergency conditions exist as defined in Section
4.2030
(Emergency Procurements), in which case those other procedures may be
used.
b) Conditions for Use
of Sole Source and Sole Economically Feasible Source Procurement Method
Sole source procurement is permissible when a requirement is
available from only a single supplier. Sole economically feasible source is
permissible when only one supplier is deemed economically feasible. A
requirement for a particular proprietary item does not justify a sole source
procurement if more than one vendor is authorized to provide that item. The
following are examples of circumstances that could necessitate sole source and
sole economically feasible 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 a specific product or service;
3) item is for commercial resale and obtained
from the manufacturer or sole authorized distributor;
4) noncompetitive public utility
services;
5) item is copyrighted or
patented and the item or service is not available except from the holder of the
copyright or patent;
6) media for
advertising;
7) art, entertainment
services or athletic events;
8)
radio and television broadcast rights;
9) procurements related to participation in
mandated educational, professional, research, public service or athletic
activities of organizations of which the university is a member. These
procurements may include, but are not limited to, dues and membership fees,
travel and lodging and facility usage fees;
10) federal or State grant requires a
specific named vendor as a condition of the grant;
11) items required by an existing franchise
agreement;
12) items that are
required for research and no other source is able to meet the need as
documented by the principal researcher; or
13) new, latest edition textbooks that are
only available from the publisher or sole distributor in classroom
quantities.
c) Sole
Source Determination
1) As soon as a need is
identified by the university, the SPO must be contacted to determine the
appropriate procurement method. The final determination as to whether a
procurement shall be made as a sole source or sole economically feasible source
procurement shall be made by the SPO, based on a request made by a university.
The request shall be in writing on a form prescribed by the PPB and shall
include the basis for the sole source or sole economically feasible source
determination. Prior to authorizing the university to enter into a contract
based on the sole source or sole economically feasible source request, the
CPO-HE shall offer to conduct a public hearing and make a final determination
as required by Section 20-25(a) of the Code. Any request for hearing must be
made at least 5 calendar days prior to the date of the scheduled hearing. If no
request for hearing is made, the hearing will be cancelled. No sole source or
sole economically feasible source procurement may proceed without final
approval by the CPO-HE.
2) To
support a sole source request, the university may use research material
available from the internet, trade shows, publications, peer networking and
similar sources. A justification must be provided detailing why the need could
not be obtained through a competitive process. That a vendor has supplied
samples, demonstrated its product, provided the supplies or services through
prior small purchases, or engaged in a pilot project is not sufficient
justification, in and of itself, to support a sole source.
d) Hearing
Any hearing required shall be conducted in accordance with
Subpart U.
