D.C. Mun. Regs. r. 19-2805

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 19-2805 - SOLE SOURCE PROCUREMENTS

2805.1

The Commission may award sole source contracts where there is a reasonable basis to conclude that the Commission's needs can only be satisfied by the goods, services, or construction proposed to be procured and when the proposed sole source contract is the only source capable of providing the required goods, services, or construction.

2805.2

A reasonable basis sufficient to justify sole source contracts may include, but are not limited to:

(a) Goods and materials needed for standardization purposes;

(b) Replacement parts or equipment; or

(c) Goods or services which are unique to the needs of the Commission and are not otherwise available.

2805.3

Sole source procurements shall not be justified solely on the basis of any of the following:

(a) Lack of time, unless there is a legitimate emergency or when the delays have been determined by the Commission to be excusable;

(b) The desire for a particular brand name when others of equal nature are available; or

(c) Convenience alone.

2805.4

The CCO shall take all reasonable steps to avoid using sole source procurements.

2805.5

For each sole source procurement, the CCO shall be required to provide the Board of Directors with a prior written determination that the minimum needs of the Commission can only be met by the goods, services or construction sought to be procured on a sole source basis and that the proposed sole source is the only source capable of providing same.

2805.6

The CCO's written determination shall include the following:

(a) A description of the Commission's requirement, including estimated cost;

(b) An explanation of the unique nature of the procurement;

(c) An explanation of the contractor's unique qualifications;

(d) A determination that the costs to Commission will be fair and reasonable; and

(e) A description of the market survey conducted, list of potential sources contacted, or an explanation for why such a survey or list was not possible.

2805.7

The CCO shall include all applicable standard contract clauses in any procurement made under this section.

D.C. Mun. Regs. r. 19-2805

Final Rulemaking published at 45 DCR 7420, 7427-28 (October 9, 1998)