D.C. Mun. Regs. tit. 27, r. 27-1700

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 27-1700 - SOLE SOURCE PROCUREMENT

1700.1

The contracting officer may award a contract through a sole source procurement when there is only one (1) source for the required goods or services.

1700.2

The contracting officer shall prepare a determination and findings (D& F) justifying the use of a sole source procurement which shall include:

(a) Identification of the agency and specific identification of the document as a sole source D& F;

(b) A statement that the requirement is a sole source;

(c) A description of the requirement, including the estimated cost or value;

(d) A description of the factors that establish the proposed vendor is the only source of the required goods or services;

(e) A statement that the anticipated costs to the District will be fair and reasonable;

(f) A specific citation to section 404 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.04 (2011 Repl.)) (Act) and applicable provisions of this chapter that provide legal authority for the sole source procurement;

(g) A description of the market survey conducted and the results, including a list of the potential sources contacted by the contracting officer or which expressed, in writing, an interest in the procurement. If no market survey was done, a statement of the reasons why a market survey was not conducted; and

(h) Any other relevant facts to support the use of a sole source procurement.

1700.3

A sole source contract shall not be justified on the basis of:

(a) The lack of adequate advance planning for the procurement of the required goods or services;

(b) Delays in the procurement caused by administrative delays, lack of sufficient procurement personnel, or improper handling of procurement requests or competitive procedures; or

(c) Pending expiration of budget authority.

1700.4

The Director shall approve all sole source D& Fs in excess of the noncompetitive limit established in chapter 18.

1700.5

Justification for a sole source procurement shall cover all of the goods or services being procured under a single contract. The justification for the sole source procurement of goods or services shall not be used to avoid competitive procedures for obtaining other goods or services which do not qualify as a sole source procurement under the same contract.

D.C. Mun. Regs. tit. 27, r. 27-1700

Final Rulemaking published at 35 DCR 1467 (February 26, 1988); repealed and replaced by Final Rulemaking published at 59 DCR 8757 (July 27, 2012)

Authority: The Chief Procurement Officer of the District of Columbia, pursuant to the authority set forth in sections 404, 405, 413, and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-354.04, 2-354.05, 2-354.13, and 2-361.06 (2011 Repl.))