3402 SINGLE AVAILABLE SOURCE

3402.1 The contracting officer may award a contract using noncompetitive negotiation procedures upon making a determination that there is only one (1) available source for the required item.

3402.2 When determining whether there is only one (1) available source for a requirement, the contracting officer shall consider whether there is a reasonable basis to conclude that the University's minimum needs can only be satisfied by the supplies or services proposed to be procured, and whether the proposed sole source contractor is the only source capable of providing the required supplies or services

3402.3 Justification for a sole source procurement shall cover all of the supplies or services being procured under a single contract. The justification of the sole source procurement of some supplies or services shall not be used to avoid competitive procedures for obtaining other supplies or services which do not qualify for sole source procurement under the same contract.

3402.4 If the reason for making a procurement on a sole source basis is based on the particular source's ownership or control of limited rights in data, patent rights, copyrights, or trade secrets applicable to the required supplies or services, the written determination and findings ("D&F") shall clearly demonstrate the need for the specific supplies or services and that at least one (1) of the following factors applies :

(a) The requirements cannot be modified to allow procurement by competitive sealed bids or competitive sealed proposals; or

(b) It is in the best interests of the University to meet the identified requirements through procurement of the specific supplies or services, and that the proposed contractor is the only source for the specific supply or service.

3402.5 The contracting officer may determine that sole source negotiations are justified for the procurement of specific makes and models of technical equipment and parts if all of the following requirements are met:

(a) The specific technical equipment or parts are being procured for standardization purposes, and that standardization of the equipment or parts is in the best interests of the University;

(b) The equipment or parts will be used to meet a requirement for replacement parts or additional units that are compatible with existing University equipment;

(c) The existing equipment for which the parts or additional units are being procured was obtained by the University through the use of competitive procurement procedures, or was obtained through a separately justified and approved sole source procurement; and

(d) No identical or compatible equipment or parts are available from any other source.

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).