1. (a)

   1. (1) General. Sole source procurements of commodities and technical services are those procurements which, by virtue of the performance specification, are available from a single source.
   2. (2) Brand name preferences or merely aesthetic design specifications are not sufficient justification for sole source awards.

   3. (3) Such procurements may include but are not limited to:

      1. (A) Requirements of performance compatibility with existing commodities or services; or
      2. (B) Repairs involving hidden damage.

2. (b) Approval. Request for approval shall be made in writing and shall include in the justification:

   1. (1) A copy of the purchase order or requisition;
   2. (2) Why the service is needed;
   3. (3) The methods used to determine that a lack of responsible/responsive competition exists for the service;
   4. (4) How it was determined that the provider possesses exclusive capabilities;
   5. (5) Why the service is unique;
   6. (6) Whether or not there are patent or proprietary rights which make the required service unavailable from other sources;
   7. (7) What the agency would do if the provider/service were no longer available;
   8. (8) Any program considerations which make the use of a sole source critical to the successful completion of the agency’s task; and
   9. (9) The Contract and Grant Disclosure and Certification Form required by Governor’s Executive Order 98-04, if applicable.
3. (c) Procurements under this section must be approved in advance by the head of a state agency having an agency procurement official or the State Procurement Director for all other state agencies, or a designee of either officer above the level of agency procurement official.

4. (d) Sole source procurements of professional and consultant services.

   1. (1) The procurement from a single source, as it relates to professional and consultant service contracts, should only be used when all other methods of contracting are clearly not applicable.
   2. (2) The agency chief fiscal officer or equivalent or director, division director, or deputy director of an agency, college, or university may authorize the use of sole source purchases.

5. (e)

   1. (1) Sole source justification. Sole source professional and consultant service contracts, except for those exempt by law, must be accompanied by written justification and be approved by the Director of the Office of State Procurement.
   2. (2) The justification must clearly demonstrate that to contract otherwise would not be in the best interests of the state.

   3. (3) The justification must fully address:

      1. (A) Why the service is needed;
      2. (B) The methods used to determine that a lack of responsible/responsive competition exists for the service;
      3. (C) How it was determined that the provider possesses exclusive capabilities;
      4. (D) Why the service is unique;
      5. (E) Whether or not there are patent or proprietary rights which make the required service unavailable from other sources;
      6. (F) What the agency would do if the provider/service were no longer available; and
      7. (G) Any program considerations which make the use of a sole source critical to the successful completion of the agency’s task.
6. (f) Sole source by law. The procurement of professional and consultant services from a specific provider that results from a mandate issued by the court systems or state or federal law.

Codification Notes: This section was promulgated as R1:19-11-232 of the Procurement Rules prior to codification into the Code of Arkansas Rules.