Section 930.235  Procurement Procedures for Sole Source and Limited Source Contracts

a)         A contract may be procured from a single source contractor without competition or use of any other method of procurement prescribed in this Part when the single source contract is the only economically feasible source capable of providing the services, material or product to be supplied or if determined by the Chief Procurement Officer to be in the best interest of the State. 

b)         Examples of circumstances that could necessitate sole source procurement include, but are not limited, to:

1)         when the compatibility of equipment, accessories, replacement parts, or service is a primary consideration;

2)         when trial use, testing or the development of new technology is the object of the procurement;

3)         when a sole supplier's item is to be procured for resale;

4)         when utility services are to be procured;

5)         when the surety providing a performance bond tenders a completion contractor, acceptable to the CDB, to complete a defaulted contract;

6)         when the item is copyrighted or patented and the item is not available except from the holder of the copyright or patent or service area licensee;

7)         when a utility or other private property is to be relocated or otherwise adjusted by the owner to accommodate a CDB project; and

8)         when determined by the CPO to be in the best interest of the State to expedite procurement.

c)         Change Orders.  Change orders to existing contracts germane to the original contract that are necessary or desirable to complete the project, and that can be best accomplished by the contract holder, may be procured under this Section.

d)         Bulletin.  CDB shall publish notice of intent to contract on a sole source basis in the CDB Procurement Bulletin at least 5 business days prior to execution of the contract.