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(a) Policy. A contract may be awarded for a supply or service item without competition when the Chief Procurement Officer, the head of a using department, or designee determines that there is only one source for the required supply or service.

(b) Conditions for Use of Sole Source Procurement.

(1) Sole source procurement is not permissible unless a requirement is available from only a single supplier. A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential bidder or offeror for that item.

(2) The following are examples of circumstances which could necessitate sole source procurement:

(i) Where the compatibility of equipment, accessories, software, or replacement parts is the paramount consideration;

(ii) Where only one source can meet the timeliness of the requirement;

(iii) Where a sole supplier’s item is needed for trial use or testing; or

(iv) Where public utility services are to be procured.

(3) The determination as to whether a procurement shall be made as a sole source shall be made by the Chief Procurement Officer in conjunction with the head of a using department or designee.

(c) Negotiation in Sole Source Procurement. The Procurement Officer shall conduct negotiations, as appropriate, as to price, delivery, and terms. (Procurement regulations § 4-205, dated August 1, 2012)