4320.1 The CCO shall take reasonable steps to avoid using sole source procurement except in circumstances when it is both necessary and in the best interest of the Library.

4320.2 [RESERVED]

4320.3 The CCO shall determine the format used to request a proposal for a sole source procurement.

4320.4 The CCO shall take action, whenever possible, to avoid the need to continue to procure the same supply, service or construction without competition.

4320.5 The CCO shall not award a contract on a sole source basis when the justification is based on lack of sufficient time to complete the competitive process through the competitive sealed bidding or competitive sealed proposal method of procurement, unless a legitimate emergency, as defined Section 4321 exists.

4320.6 The CCO and/or designee shall ensure that each sole source procurement is reviewed and approved in accordance with Subsection 4320.7.

4320.7 When a sole source procurement is proposed, the DCPL Office of Procurement with the representative of the requesting department shall prepare a written determination and findings (D&F) that justifies the sole source procurement. The CCO and/or designee shall approve all D&Fs before issuance of a solicitation.

4320.8 Each D&F shall include the following:

(a) Designation that the requirement is a sole source D&F;

(b) A description of the requirement, including the estimated cost;

(c) A description of the factors that qualify the requirement as a sole source procurement such that the requirement is available from one source or only one supplier with unique capabilities;

(d) A discussion of the proposed contractor's unique qualifications that qualify the proposed contractor for a sole source award;

(e) A statement that the anticipated costs to the Library will be fair and reasonable; and

(f) Any other relevant facts to support the use of a sole source procurement.

4320.10 The CCO and/ or designee shall ensure that each sole source contract contains all of the required clauses, provisions, representations and certifications.

SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Final Rulemaking published at 59 DCR 2712, 2713 (April 6, 2012); as amended by Final Rulemaking published 62 DCR 16120 (December 18, 2015).