4718

SOLE SOURCE PROCUREMENTS

4718.1 The Contracting Officer may award contracts on a sole-source basis only if the goods or services sought by the Department are available from only one (1) source.

4718.2 Prior to entering into a sole-source contract, the Contracting Officer shall first make a determination and finding justifying the sole source procurement; provided, however, that if the sole-source contract will be in an amount over two hundred fifty thousand dollars ($250,000), the CCO's approval shall also be required. If the Contracting Officer makes a determination pursuant to subsection 4718.1 that a sole source procurement is necessary to meet an essential requirement of the Office, the Contracting Officer shall document such determination in writing and may procure goods, services, or construction without regard to the procedures set forth in sections 4719 through 4724. In all other cases, the Contracting Officer shall use the procedures specified in sections 4719 through 4724.

4718.3 A written determination by the Contracting Officer supporting a single available source procurement pursuant to subsection 4718.1 shall include:

(a) A description of the nature of the goods or services;

(b) An explanation of why the goods or services are available from a single source; and

(c) The intended sole source contractor.

4718.4 Notice of the Department's intent to enter into a sole source contract shall be posted on the Department's website at least ten (10) days prior to the award of such contract and shall include the information set forth in subsection 4718.3.

SOURCE: Notice of Emergency and Proposed Rulemaking published at 58 DC 8805 (October 14, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 985, 1003 (February 10, 2012).