§ 8-2-107. Sole source procurements.

   (a)   With written justification. A sole source procurement may be used when, in the manner prescribed by the Purchasing Regulations, the Purchasing Agent determines in writing that there is only one source for the required goods or services. A sole source procurement may be used when:

      (1)   only one source exists meeting the County's requirements;

      (2)   compatibility of equipment, accessories, or replacement parts is a paramount consideration;

      (3)   a sole vendor's item is needed for trial use or testing;

      (4)   the item is for resale by the County at the same price;

      (5)   the item is a public utility;

      (6)   the service is a professional service in accordance with § 8-2-110;

      (7)   it is impossible to determine the scope or extent of services required until the work commences, such as when internal engine damage or underground conditions cannot be ascertained until the engine is dismantled or excavation is made;

      (8)   competitive bids or proposals have been solicited under § 8-2-104 or § 8-2-105 and only one or no responsive bids or offers have been received from a responsible bidder or offeror;

      (9)   competition is precluded due to patents, copyrights, or similar circumstances; or

      (10)   the purchase is made by use of an intergovernmental agreement.

   (b)   Without written justification. A sole source procurement may be used without a written determination by the Purchasing Agent for:

      (1)   public utility contracts not subject to competitive procurement; and

      (2)   renewals of software licenses previously procured.

(1985 Code, Art. 10, § 2-107) (Bill No. 59-85; Bill No. 58-08; Bill No. 8-17; Bill No. 80-18)