Current through Register Vol. 48, No. 1, January 10, 2025
Section R-24-103-205 - Sole Source ProcurementsContracts may be awarded by use of a sole source procurement only if the following conditions are met:
(a) A sole source procurement is justified when there is only one good or service that can reasonably meet the need and there is only one vendor who can provide the good or service. A requirement for a particular proprietary item (i.e., a brand name specification) does not justify a sole source procurement if there is more than one potential bidder or offeror for that item.(b) The procurement official or his or her designee shall make a written determination that a procurement is sole source, setting forth the reasons. In cases of reasonable doubt, competition should be solicited. Any request by a using agency that a procurement be restricted to one potential contractor shall be accompanied by an explanation as to why no other contractors will be suitable or acceptable to meet the need.(c) When a sole source procurement is authorized, the procurement official or his or her designee shall conduct negotiations, as appropriate, as to price, delivery, and terms.(d) When applicable, the procurement official or his or designee shall publish a notice of the sole source on an electronic procurement system for not less than three business days in accordance with section 24-106-103(5), C.R.S.38 CR 15, August 10, 2015, effective 8/31/201541 CR 17, September 10, 2018, effective 10/1/201846 CR 11, June 10, 2023, effective 7/1/2023