Ill. Admin. Code tit. 44 § 4.2025

Current through Register Vol. 48, No. 45, November 8, 2024

Section 4.2025 - Sole Source and Sole Economically Feasible Source Procurement

a) Application

The provisions of this Part apply to procurements from a sole source and sole economically feasible source unless the estimated amount of the procurement is within the limit set in Section 4.2020 (Small Purchases) or unless emergency conditions exist as defined in Section 4.2030 (Emergency Procurements), in which case those other procedures may be used.

b) Conditions for Use of Sole Source and Sole Economically Feasible Source Procurement Method

Sole source procurement is permissible when a requirement is available from only a single supplier. Sole economically feasible source is permissible when only one supplier is deemed economically feasible. A requirement for a particular proprietary item does not justify a sole source procurement if more than one vendor is authorized to provide that item. The following are examples of circumstances that could necessitate sole source and sole economically feasible source procurement, but are not exhaustive:

1) compatibility of equipment, accessories, replacement parts or service is a paramount consideration;

2) items are needed for trial use or testing of a specific product or service;

3) item is for commercial resale and obtained from the manufacturer or sole authorized distributor;

4) noncompetitive public utility services;

5) item is copyrighted or patented and the item or service is not available except from the holder of the copyright or patent;

6) media for advertising;

7) art, entertainment services or athletic events;

8) radio and television broadcast rights;

9) procurements related to participation in mandated educational, professional, research, public service or athletic activities of organizations of which the university is a member. These procurements may include, but are not limited to, dues and membership fees, travel and lodging and facility usage fees;

10) federal or State grant requires a specific named vendor as a condition of the grant;

11) items required by an existing franchise agreement;

12) items that are required for research and no other source is able to meet the need as documented by the principal researcher; or

13) new, latest edition textbooks that are only available from the publisher or sole distributor in classroom quantities.

c) Sole Source Determination

1) As soon as a need is identified by the university, the SPO must be contacted to determine the appropriate procurement method. The final determination as to whether a procurement shall be made as a sole source or sole economically feasible source procurement shall be made by the SPO, based on a request made by a university. The request shall be in writing on a form prescribed by the PPB and shall include the basis for the sole source or sole economically feasible source determination. Prior to authorizing the university to enter into a contract based on the sole source or sole economically feasible source request, the CPO-HE shall offer to conduct a public hearing and make a final determination as required by Section 20-25(a) of the Code. Any request for hearing must be made at least 5 calendar days prior to the date of the scheduled hearing. If no request for hearing is made, the hearing will be cancelled. No sole source or sole economically feasible source procurement may proceed without final approval by the CPO-HE.

2) To support a sole source request, the university may use research material available from the internet, trade shows, publications, peer networking and similar sources. A justification must be provided detailing why the need could not be obtained through a competitive process. That a vendor has supplied samples, demonstrated its product, provided the supplies or services through prior small purchases, or engaged in a pilot project is not sufficient justification, in and of itself, to support a sole source.

d) Hearing

Any hearing required shall be conducted in accordance with Subpart U.

Ill. Admin. Code tit. 44, § 4.2025

Amended at 36 Ill. Reg. 10951, effective August 6, 2012

Amended at 40 Ill. Reg. 456, effective 1/15/2016

Amended at 43 Ill. Reg. 1781, effective 2/15/2019