Sole Source
Table of Contents
What is a sole source?
A sole source procurement can be defined as any procurement/contract entered into without competitive process, based on a verifiable justification that only one known source exists or that only one single supplier can fulfill the requirements.
What is not a sole source?
- A requirement for a particular proprietary product or service does not automatically justify a sole source procurement if there is more than one potential bidder or offeror for that item.
- A preference for a brand name product does not justify a sole source procurement.
- A good’s or service’s “uniqueness” alone may not qualify the producer or supplier of the good or service as a sole provider of a good or service.
What is a sole source based on compatability?
This justification may be used if one of the following criteria exists:
- Compatibility with existing equipment: may be used if your products or services are being purchased to directly interface with or attach to equipment of the same manufacturer, and no other manufacturer’s products will correctly interface with existing equipment.
- Upgrade of existing equipment: item required must be identical to equipment already in use by the end user, to ensure compatibility of equipment, and that item is only available from one source;
- Continuity of research: may be used if the main purpose for acquiring equipment or supplies is to replicate specific experiments, using the exact products that produced the original results. You may also use this justification if you are collaborating with another researcher and can show that identical products are required to fulfill your part of the agreement.
If one of the above criteria exists, complete sections I, II, IV, VI, and VII of the sole source form.
What about maintenance or repair calls or replacement parts for a piece of equipment?
Maintenance or repair calls by the Original Equipment Manufacturer (OEM) or a single certified OEM provider qualify for sole source based on compatibility. This also applies to replacement or spare parts required from the OEM or the OEM does not have distributors for those parts. Complete sections I, II, and IV of the sole source form.
Do sole source requests need to be "posted" for public notice?
The Colorado State University Procurement Rules requires the purchasing agent make an attempt to identify competing vendors by placing a notice on the electronic solicitation notification system (ESNS) for not less than three (3) business days.
What happens if Procurement receives a response to the notice?
If the response to the notice is from a qualified and responsible vendor who is able to meet the specifications identified in the notice, and who is not otherwise prohibited from bidding, the sole source method shall not be used.