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21.05.05.02

.02 Conditions for Use.

A. Sole source procurement is not permissible unless a requirement is available from only a single vendor. The following are some examples of circumstances which could necessitate sole source procurement:

(1) When only one source exists which meets the requirements;

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

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

(4) When a sole vendor's item is to be procured for resale;

(5) When certain public utility services are to be procured and only one source exists.

B. The determination as to whether a procurement shall be made as a sole source shall be made by the procurement officer, with the approval of the agency head or designee. This determination and the basis for it shall be in writing. The procurement officer may specify the application of the determination and the duration of its effectiveness. In cases of reasonable doubt, competition should be solicited. Any request by a using agency that a procurement be restricted to one vendor shall be accompanied by an acceptable explanation as to why no other shall be suitable or acceptable to meet the need.

C. Confidential Services.

(1) A procurement agency, with the prior written approval of the Office of the Attorney General, may enter into a sole source contract to retain the confidential services of a contractor to represent the interests of the State in connection with threatened or pending litigation.

(2) A procurement agency, with the prior written approval of the Office of the Attorney General, may enter into a sole source contract to retain the confidential services of a contractor to represent the interests of the State in connection with:

(a) Appraisal of real property contemplated for acquisition by the State; or

(b) Collective bargaining.

(3) If the procurement agency reasonably can anticipate a continuing need for the services described in §C(2) of this regulation, this section does not apply.

D. Renewal of Real Property Leases. When it is determined to be in the best interests of the State, the procurement officer may negotiate the renewal of an existing real property lease without soliciting other proposals.

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