Section 1400.2025  Sole Source Procurements

a)         Application

The provisions of this Section apply to procurement from a sole economically feasible source (referred to as sole source) that is above the limit for small purchases in Section 1400.2020 and does not qualify as an emergency procurement as defined in Section 1400.2030.

b)         Conditions for Use of Sole Source Procurement

Sole source procurement is permissible when a good or service 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.

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

d)         The determination as to whether a procurement may be made as a sole source must be made by the Chief Procurement Officer in writing and must include an explanation of why no other source would be suitable or acceptable.  The determination must be made part of the procurement file.  The Chief Procurement Officer shall also specify the application of the determination and the duration of its effectiveness.

e)         The Chief Procurement Officer shall, having defined a sole economically feasible source, issue a notice of intent to utilize the sole source method of procurement that sets forth a description of the item to be procured and the intended sole source contractor.  A notice containing the following information must be published as provided in Section 1400.1505:

1)         name of the Chief Procurement Officer or Purchasing Officer, who performed the sole source procurement;

2)         name of the vendor;

3)         brief description of what the vendor will do or provide;

4)         contract price; and

5)         reason why the vendor was determined to be the sole economically feasible source.

f)          If there is no challenge to the Chief Procurement Officer's determination or if the Chief Procurement Officer is convinced that the sole source designation is appropriate after considering the challenge, the contract will be executed on the scheduled date.  If a challenge is received that convinces the Chief Procurement Officer that the sole source designation is not appropriate, the Chief Procurement Officer or Purchasing Officer shall commence a competitive method of procurement unless an emergency situation exists.

g)         Negotiation in Sole Source Procurement

The Chief Procurement Officer or Purchasing Officer shall conduct negotiations in an effort to obtain the most favorable price, delivery and other terms and conditions available for the State.

h)         Maintenance of Record

The Chief Procurement Officer or Purchasing Officer shall maintain a record of sole source procurements in the procurement file showing:

1)         the vendor's name;

2)         the amount and type of the contract; and

3)         a listing of the goods or services procured under each contract.