DOCUMENT

POL - OA4 Sole Source Example 2002

  • YEAR CREATED: 2002
  • ENTITY TYPE: Authority: Transportation
  • TYPE OF DOCUMENT: POL - Policies/Procedures
The document provides information about sole source procurement and brand name specifications in the context of the Arizona Department of Transportation Procurement Group. It includes provisions and guidelines for when competitive procedures are not used due to the advantages of standardization and interchangeability. According to A.RS. § 41-2536, a contract can be awarded without competition if the director determines in writing that there is only one source for the required material, service, or construction item. However, sole source procurement should be avoided unless no reasonable alternative sources exist. The basis for the sole source procurement must be documented in the contract file. R2-7-338 outlines the process for a using agency to request a sole source procurement. The agency must prepare a written request documenting the existence of a sole source condition and the efforts made to determine the availability of other sources. The request must be signed by a designated official at the assistant director level or above. The director must determine in writing before the procurement initiation that a sole source procurement is required, based on clear and convincing evidence that there is only one source for the required material or service. The procurement officer is responsible for negotiating a contract advantageous to the state with the single supplier, using the state's terms and conditions unless an exemption is received from the state procurement administrator. In the case of brand name specifications, the State Procurement Administrator must make a written determination that only the identified brand name item will satisfy the state's needs. If a brand name specification is utilized, the procurement officer should identify sources from which the designated brand name item can be obtained and solicit them to achieve maximum competition. However, if only one source can supply the requirement, the procurement can be made under ARS, § 41-2536. The document also mentions that the provisions apply to all sole source procurements unless emergency conditions exist as defined in § 41-2537.
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