R765-571-8. Exceptions to the Solicitation Process

  Each institution shall establish policies, rules, and processes governing exceptions to the solicitation process, as required by law, which may include, including:

  8.1 Sole Source Procurement: 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. The determination as to whether a procurement shall be made as a sole source shall be made by the head of the purchasing agency, or designee. In cases of reasonable doubt, competition should be solicited. The following are examples of circumstances which could necessitate sole source procurement:

  8.1.1. where the compatibility of equipment, accessories, or replacement parts is the paramount consideration;

  8.1.2. where a sole supplier's item is needed for trial use or testing;

  8.1.3. where a sole supplier's item is to be procured for resale;

  8.1.4. where public utility services are to be procured.

  8.2. Emergency Procurement: Emergency procurement is appropriate when an emergency condition exists that limits the capability of the institution to obtain competition. An emergency condition is a situation which creates a threat to public health, welfare, or safety such as may arise by reason of floods, epidemics, riots, equipment failures, or such other reason as may be proclaimed by the President of the institution. These procurements shall be made in accordance with the Procurement Code.