Rhode Island Code of Regulations
Title 220 - Department of Administration
Chapter 30 - Purchases
Subchapter 00 - N/A
Part 9 - Exceptions to Competitive Bidding Requirements
Section 220-RICR-30-00-9.5 - Sole Source

Universal Citation: 220 RI Code of Rules 30 00 9.5

Current through September 18, 2024

A. A contract may be awarded for a supply, service, or construction item without competition when, under published regulations, the Chief Purchasing Officer or member of the executive department, above the level of purchasing officer determines, in writing, that there is only one source for the required supply, service, or construction item.

B. The Chief Purchasing Officer may delegate the authority for determination of sole source to the Purchasing Agent.

C. Sole source categories may include:

1. items of a unique nature which are unavailable from other sources due to patents or proprietary processes;

2. books, maps, periodicals, and technical pamphlets, films, video and audio cassettes obtained from publishers;

3. certain computer software;

4. licenses - computer software, electronic transmittal;

5. specialized replacement/repair parts or expansion parts necessary to maintain the integrity of system or function, e.g. scientific research;

6. works of art for museum or public display;

7. specialized services for which there is only one documented accepted source, such as transactions involving unique professional services and/or educational institutions, e.g., visiting speakers or professors, and performing artists; repair/maintenance agreements with manufacturers;

8. advertisements, public notices in magazines, trade journals, newspapers, television; NOTE: Purchase of advertising and public relations campaign services must be established through a competitive selection process.

D. This provision excepting sole source procurements from competitive bidding shall not be interpreted to reduce the responsibility of the Office of Purchases and/or user agencies to evaluate the market continuously to research product alternatives and develop additional sources (distributors).

E. In attempting to achieve the goal of maximizing competition to the greatest extent possible, alternative distributors and manufacturers shall be pursued to sole source items by using compatible replacement parts as long as warranties are not affected by substitution.

Agencies shall submit requisitions for sole source purchases in excess of $500 unless specifically delegated such authority by regulation or by the Purchasing Agency.

F. Maintenance contracts based upon sole source determination shall be subject to the following:

1. Annual maintenance contracts shall require approval by the Division of Purchases.

2. All multi-year contracts shall require approval by the Division of Purchases.

3. To achieve better pricing, agencies shall aggregate spending with the same supplier to the greatest extent possible. Further, artificially dividing spending to avoid procurement thresholds is strictly prohibited.

G. The Chief Purchasing Officer or his designee may, at his initiation or upon the review of a justified request and/or recommendation from the chief executive officer of an agency, make a determination that a category of nonprofit providers constitutes sole source suppliers for certain types of service.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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