3401 SOLE SOURCE PROCUREMENT

3401.1 Procurement contracts may be awarded through negotiation without competition when the contracting officer determines in writing that at least one (1) of the following conditions exists:

(a) There is only one (1) source for the required supply, service, or other item;

(b) The contract is for the purchase of real property or interests in real property;

(c) The contract is with a vendor that maintains a price agreement or schedule with any federal or District agency; Provided, that the contract with the University shall not authorize a price higher than the price allowed in the schedule or price agreement between the federal or District agency and the vendor for the same item;

(d) The contract is for purchase of commodities, supplies, equipment, or services that would ordinarily be purchased on a competitive basis, but an emergency has been declared, in accordance with the provisions of this chapter, and the required emergency procurement procedures are followed;

(e) The contract is for the purchase of media time or space for advertising or promotion purposes and the procedures for purchase of media time or space under §3407 of this chapter have been followed;

(f) The contract is for an artistic performance or educational lecture ; or

(g) The contract is for the purchase of services, equipment, materials, or other items using grant funds, in accordance with the provisions of §3408 of this chapter.

3401.2 If the only justification for using sole source procurement is lack of sufficient time to complete a competitive procurement process, the contracting officer shall not award a contract on a sole source basis unless a legitimate emergency, as defined in this chapter, exists with respect to the need for the items or services being procured.

3401.3 Before negotiating a contract on a sole source basis, the contracting officer shall ensure that a determination and findings ("D&F") that justifies the procurement has been approved in accordance with §3102 of chapter 31 of this title.

3401.4 Sole source procurement shall not be justified on the basis of any of the following circumstances:

(a) The lack of adequate advance planning for the procurement of the required commodities, services, or other items;

(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 39 DCR 2566 (April 10, 1992).