Current through Register Vol. 48, No. 3, March 22, 2024
A.
Application
The provisions of this Regulation shall apply to all sole
source procurements unless emergency conditions exist as defined in Regulation
19-445.2110.
B. Exceptions.
Sole source procurement is not permissible unless there is only
a single supplier. The following are examples of circumstances which could
necessitate sole source procurement:
(1) where the compatibility of equipment,
accessories, or replacement parts is the paramount consideration;
(2) where a sole supplier's item is needed
for trial use or testing;
(3)
[Repealed]
(4) [Repealed]
(5) where the item is one of a kind;
and
(6) [Repealed]
C. Written Determination.
(1) The written determination to conduct a
procurement as a sole source shall be made by either the Chief Procurement
Officer, the head of a purchasing agency, or designee of either above the level
of the procurement officer. Any delegation of authority by either the Chief
Procurement Officer or the head of a purchasing agency with respect to sole
source determinations shall be submitted in writing to the Materials Management
Officer.
(2) The written
determination must include a purchase description that states the using
agency's actual needs, which shall not be unduly restrictive. In cases of
reasonable doubt, competition should be solicited. The determination must
contain sufficient factual grounds and reasoning to provide an informed,
objective explanation for the decision and must be accompanied by market
research that supports the decision. The determination must be authorized prior
to contract execution.
D. Notice.
(1) Compliance with the notice requirements
in Section
11-35-1560(A)
must be documented in the procurement file.
(2) The public notice required by Section
11-35-1560(A)
must include the written determination required by Section C(2) above or
instructions how to obtain the written determination immediately upon
request.
E. Other
Applicable Provisions.
Sole source procurements must comply with all applicable
statutes and regulations, including without limitation, Sections
11-35-30
(Obligation of good faith), -210 (Determinations), -410 (Public access to
procurement information), -1810 (Responsibility of bidders and offerors), -1830
(Cost or pricing data), -2010 (Types of contracts), -2030 (Multiterm
contracts), -1610 (Change order or contract modification), -2440 (Records of
procurement actions), -2730 (Assuring competition), and -4230 (Authority to
resolve contract and breach of contract controversies).
