Section 660.110  Sole Source Contracts

a)         A contract may be procured from a single source contractor without competition or use of any other method of procurement prescribed in the Code or this Part when the single source contractor is the only economically feasible source capable of providing the services, including professional and artistic services, contemplated or the material or product to be supplied.  (See Section 20-25 of the Code.)

b)         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.  Examples of circumstances that could necessitate sole source procurement include but are not limited to:

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

2)         when trial use, testing or the development of new technology is the object of the procurement;

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

4)         when utility services are to be procured;

5)         when the surety providing a performance bond tenders a completion contractor, acceptable to the Department, to complete a defaulted contract;

6)         when the item is copyrighted or patented and the item is not available except from the holder of the copyright or patent or service area licensee; and

7)         when utility, railroad or other private property is to be relocated or otherwise adjusted by the owner to accommodate a Department project.

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

d)         The Department shall publish notice of intent to contract on a sole source basis in the Transportation Bulletin at least 14 days prior to execution of the contract.  (See Section 20-25 of the Code.)