Sole Source
The University of Alabama in Huntsville
Sole
Source Justification Requirements
Section 41-16-20 of the Alabama Code
Federal requirements of the Office of Management Budget (OMB circular A110 &
A133) mandates that all contracts of whatever nature for labor, services or work
or for the purchase or lease of materials, equipment, supplies or other personal
property, involving $7,500.00 or more made on behalf of the University of
Alabama in Huntsville be let by free and open competitive bidding by sealed
bids. However, in rare and unusual cases the Associate Vice President of
Business Services may waive the competitive bid process and approve a sole
source purchase. Completion of this sole source justification form is required
for appropriate review.
Definition
Sole Source is procurement in which only
one vendor is capable of supplying the commodity or service. This may occur when
the goods or services are specialized or unique in character. Written
Justification must be provided. ‘Sole’ means ‘the one and only’.
Sole Source Justification
The declaration of a "sole source"
purchase must be exercised judicially and always with good faith. The goods or
services "uniqueness" alone cannot qualify the producer or supplier of the good
or service as a "sole service" of a good or service under Alabama's competitive
bidding laws.
A Sole Source Justification must
show that an equitable evaluation of comparable products has been made and that
rejection of unsuitable products is based on technical deficiencies or a
combination of other reasons. In cases where no other comparable source is
known, whether at the manufacturer or distributor level, technical description
of the product must be provided which is adequate to allow Procurement to make a
thorough search and evaluation. It is important to remember that a sole
source justification cannot be based on quality or price, since quality is
subjective and price must be evaluated via competitive bidding.
If any of the exception(s) below
describe the reasoning for this purchase, thus eliminating competition, proceed
to complete the Sole Source Justification:
Product or service is unique
Available from only one sole source
Compatibility of equipment or supplies (list equipment)
Item specifically required for use in conjunction with grant or contract
Requirement is of a proprietary nature
Approximately five business days are
required to evaluate and process a sole source request. You are asked to
consider this when submitting a request, and allow sufficient time prior to
deadlines (quote expiration, grant expiration, etc.) for the sole source request
to be evaluated.
Sole
Source Justification Form (PDF fillable format)
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