5032.1 Procurement contracts may be awarded through noncompetitive negotiations when the CCO or the CCO designee determines in writing that there is only one (1) source for the required commodity, service, construction, or litigation experts.

5032.2 If the Contracting Officer makes a determination pursuant to § 5032.1 that a sole source procurement is necessary to meet an essential requirement of the OAG, the Contracting Officer shall document such determination in writing and may procure goods, services, or construction without regard to the procedures set forth elsewhere in this chapter, provided that the Contracting Officer shall comply with the provisions of § 5022 of these rules regarding posting notice of intent to award a sole source procurement.

5032.3 A written determination by the Contracting Officer supporting a single available source procurement pursuant to Section shall include:

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

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

5032.4 The Contracting Officer shall publicize the District's intent to enter into a sole source contract in accordance with the provisions of § 5022.

5032.5 The Contracting Officer shall publicize all sole source contracts in accordance with the provisions of § 5022.

5032.6 If a grant or law requires a specific vendor to provide certain goods or services for a requirement, the Contracting Officer does not have to publicize the notice of intent to enter into a sole source contract.

5032.7 A sole source contract shall not be justified on the basis of:

(a) The lack of adequate advance planning for the procurement of the required goods or services;

(b) Delays in the procurement caused by administrative delays, lack of sufficient procurement personnel, or improper handling of procurement requests or competitive procedures; or

(c) Pending expiration of budget authority.

SOURCE: Final Rulemaking published at 65 DCR 4406 (April 20, 2018).