(a)

1. (1) For the purposes of this part, "sole-source procurements" means those procurements which, by virtue of the performance specification, are available from a single source.
2. (2) Brand name or design specifications shall not be sufficient explanation for sole source.

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

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

(c) 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; and
8. (8) Any program considerations which make the use of a "sole source" critical to the successful completion of the agency's task.