NASPO Sole Source Procurement

Sole Source Procurement

Background

Emerging Issues Sole Source Procurement Work Group

In the summer of 2014, the Sole Source Procurement Work Group formed under NASPO's Emerging Issues Committee was tasked with conducting a data gathering project on the topic of sole source procurement as an effort by the membership to understand each other's statutes, regulations and practices regarding this type of non-competitive procurement. A member survey was deployed to collect several data points such as statutory or regulatory provisions allowing sole sources, criteria to allow them and written justification requirements, approval authority, requirements to publish a notice of intent and many more.

Additionally, we prepared a briefing paper Non-competitive/Sole Source Procurement: Seven Questions aimed at assisting states and guiding the decision-making process when assessing your current state practices.

Non-competitive / sole source procurement is a sensitive topic in the public sector. While competition is the preferred method of performing a procurement process, non-competitive procurements such as sole source procurements may be the appropriate tool under certain circumstances. The goal of this web page is to explore the topic further.

View Sole Source Infographic

Survey Highlights

Forty-one jurisdictions participated in the NASPO Sole Source Procurement Survey. Key results of the survey included:

Sole source procurements are not permitted without justifications in most states: 27 answered "Prohibited unless justification is established that open competition is not applicable".
Criteria to allow sole sources procurement are established in statute for most states (22 of 41 responding jurisdictions).
Standardized sole source justifications are present in only 14 states.
Almost all responding states (38) require written justification for sole source procurements from requesting departments.(Appendix I)
When processing a sole source procurement, 50 percent of respondents require that some form of public notification (i.e. "intent to sole source") be published.
Requirements to publish a notice of intent to sole source reside in statute for most states and policy for a few. All states post the notice on the central procurement office website and/or email notifications through eProcurement or ERP system. A few responding states have a requirement to place a legal notice in the official state newspaper.
Only 15 responding jurisdictions limit the length of a sole source procurement contract. A few states have a one year term for sole source procurement contracts, after which a determination is made as to whether a sole source contract is still warranted or competition is available or whether requirements have changed before a new justification is provided. Most states apply the same maximum limit that is used for all other contracts which can be 12 months, three, four years, or between five to seven years; contract limits vary depending on the type of contract for services or commodities.
Twenty-six responding state central procurement offices maintain a record listing all sole source contracts. Only five of those who maintain records of sole source contracts submit a copy of this record to their legislature.
Most common reasons for sole source procurements noted by the responding state central procurement offices are noted below:

Only one known source that can provide the good or service	Good/service is unique/special in nature	Compatibility (e.g., a public safety agency requiring a specific piece of equipment to be compatible with an existing equipment system)	Limited or proprietary systems (i.e. additional licenses, updates, specialized replacement parts, etc.)	A professional expert is requested	Bridging a gap between contracts because a new contract was not in place prior to expiration
33 states	31 states	29 states	29 states	19 states	12 states

In most states (20) the Chief Executive/Commissioner or the requesting procurement officer for the requesting department is required to approve a sole source procurement.
Final approval for sole source procurement requests in most states resides with the Chief Procurement Official. A few states have that authority vested with the Governor, State Comptroller, Commissioner, Board or higher authority that oversee procurement.
Only four jurisdictions have a protest or other appeal process specifically related to sole source procurements.
Twelve responding jurisdictions had a sole source procurement overturned as a result of a public posting or appeal/protest process. In one state, although no procurement was overturned as a result of a public posting or appeal/protest process auditors have questioned the validity of some sole source procurements during an audit.
Current practices vary among the states regarding situations where a member of the public notifies the procurement office (as a result of the public posting) indicating that they can provide the requested good or service. In some states, the CPO can cancel the sole source, investigation takes place, all other sources are considered; vendors have the opportunity to place a bid. In case of a protest, state procurement officer rules on the protest. If sustained, then agency is denied permission to proceed with a sole source and must choose another procurement method.

Definitions

While there are common elements and criteria used to describe non-competitive procurements such as "sole source procurements" there is not one single accepted definition nationwide. As a general rule, statutes prohibit noncompetitive procurements but provide for exemptions and waivers of competition, such as sole source procurements. Competition is not available in a sole source procurement situation, simply because there is only a single source for the procurement or no reasonable alternative source exists.

Appendix II presents a state-by-state list of definitions of sole source procurements for the state procurement offices included in our survey.

It is important to note that some states only define situations where competition can be waived and do not have the exact term "sole source procurement" defined in their laws altogether. Other states have both the terms "sole source" and "single source" defined. Yet, a couple of states that only use terms such as "proprietary purchases" which distinguishes them from sole sources, meaning that in proprietary purchases competition can be obtained between distributors even though the proprietary product required is restricted to one manufacturer(s).

Appendix I: Justification Forms

State	State Comments and Samples of justification forms/templates for sole source procurement requests.
AK	http://doa.alaska.gov/dgs/pdf/rap.pdf
AL	There are none. Each agency submits their documentation requesting sole source approval.
AR	No response
AZ	100 N 15th AVE, STE 201,PHOENIX, AZ 85007 Procurement Determination: Sole Source – Procurement Authorization Sections 1 through 3 MUST be completed Use Attachments as Necessary 1) Agency: Name: Title: Phone: Fax: Subject Materials or Services: Estimated Cost: 2) Provide full description of materials or services: 3) Provide justification: (Efforts to locate other sources/evidence of one source) Note: In accordance with the Procurement Rules, the Arizona Uniform Terms and Conditions must be made a part of all contracts. If you will be required to sign a software licensing agreement or sign any other agreement containing terms and conditions, which will be made part of the final contract, you must receive prior approval from the Office of the Attorney General. Approval of this request does not allow for agencies to exceed their dollar acquisition amount of delegated authority. To Be Completed by Procurement Authority: APPROVAL0Request Authorized Pursuant to:A.R.S. § 41-25360 Request Denied:0 Request Returned for Additional Information:0 See Comments: Comments: _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ Approved by: Signature: Title: Date: AGENCY NOTICE: This is your official written determination in response to your procurement authorization request.The original request shall be maintained in the State Procurement Office.
CA	See Chapter 5: Section 5.1.3 (IT good/services) Section 5.1.4 (non-IT goods)
CT	No response
DC	DETERMINATION AND FINDINGS FOR A SOLE SOURCE PROCUREMENT CONTRACT NO: CAPTION: PROPOSED CONTRACTOR: PROGRAM AGENCY: FINDINGS 1. AUTHORIZATION: D.C. Official Code §2-354.04, 27 DCMR 1304, 1700 and 1701 2. MINIMUM NEED: 3. ESTIMATED REASONABLE PRICE: 4. FACTS WHICH JUSTIFY SOLE SOURCE PROCUREMENT: 5. CERTIFICATION BY AGENCY HEAD: I hereby certify that the above findings are true, correct and complete. ___________ ____________________ Date Director, [Insert Agency] 6. CERTIFICATION BY CONTRACTING OFFICER: I have reviewed the above findings and certify that they are sufficient to justify the use of the sole source method of procurement under the cited authority. I certify that the notice of intent to award a sole source contract was published in accordance with 27 DCMR 1304 and that [no response was received] [the response received was rejected because _______]. I recommend that the Chief Procurement Officer approve the use of the sole source procurement method for this proposed contract. ___________ ______________ Date Contracting Officer DETERMINATION Based on the above findings and in accordance with the cited authority, I hereby determine that it is not feasible or practical to invoke the competitive solicitation process under either Section 402 or 403 of the District of Columbia Procurement Practices Reform Act of 2010 (D.C. Law 18-371; D.C. Official Code § 2-354.02 or 2-354.03). Accordingly, I determine that the District is justified in using the sole source method of procurement. ____________ Date ___________ James D. Staton, Jr. Chief Procurement Officer
DE	There are no formalized templates at present. They are traditionally documented by a memorandum to the Agencies file.
GA	SPD-PS020 on this web site
HI	Form SPO-001, http://spo.hawaii.gov/all-forms/
IA	No response
ID	Sole_Source_Authorization_011014.doc
IN	No response
KY	No forms or templates for justifications.
LA	No specific form or template.
MA	No response
ME	BP37WCB – Waiver of Competitive Bidding Form
MI	No response
MN	singlesourcerequestform.pdf
MO	See Single Feasible Source Approval Request Worksheet at this link
MS	The Office of Purchasing, Travel and Fleet Management will not consider a sole source letter from the vendor as the primary justification but will use this letter as additional information when considering the request. Consider the following questions when preparing the justification: (1) Do other companies make similar commodities that will do the same job or meet the same goals? (2) How is this item unique from all others? (3) What can this item do that the others can't? (4) Is this item available from other distributors?
MT	procurementforms.mcpx
NC	To date, there is no form used, but we have new forms and templates being drafted as part of our procurement transformation initiative.
ND	http://www.nd.gov/eforms/Doc/sfn51403.pdf
NE	Deviation from Contractual Services form - http://das.nebraska.gov/materiel/purchase_bureau/agency-info.html Goods - DATE: «Date» TO: Bo Botelho, Administrator AS Materiel Division FROM: «Buyer_Name», Buyer AS Materiel, State Purchasing Bureau SUBJECT: Invitation to Bid No. «Solicitation_» Attached is the complete file on the requested purchase of «Description_of_Commodity» at an estimated cost of $«Estimated_Cost». Due to the «Sole_Source_or_Restrictive» nature of this request, I have provided the justification as shown below for this purchase. JUSTIFICATION OF «Sole_Source_or_Restrictive» PURCHASE: Invitation to Bid number «Solicitation_» for «Description_of_Commodity» was opened on «Opening_Datespelled_out» and no responses were received. «Company_Name_of_current_contract» holds the current contract «Current_Contract_Number» for these products. «Company_Name_of_current_contract» was sent an announcement letter for ITB «Solicitation_» but «Contact_Name_for_current_vendor» when contacted indicated that «reason_for_not_bidding». State Purchasing is not aware of any vendors other than the current vendor that can supply «Description_of_Commodity» to the «Agency_wanting_commodity». «Company_Name_of_current_contract» has provided excellent service in the past as evidenced by having no Vendor Performance Reports on file with State Purchasing. It is in the best Interest of the State to establish a contract for «Description_of_Commodity» with them. By signing below, I am aware of and do justify the reasons as shown above for this «Sole_Source_or_Restrictive» purchase. It is my full responsibility to deal with any complaints or questions regarding this purchase. Buyer, Date
NH	They are usually in the form of a justified word document or email.
NM	See state purchasing website
NV	Solicitation Waiver Justification and Request Form
NY	No response
OH	No response
OK	Sole Source or Sole Brand Acquisition Certification
PA	http://www.emarketplace.state.pa.us/SoleSource.aspx Also available from link in handbook chapter.
SC	PS-agency-procurement-forms.phtm
SD	OPMSoleSourceRequestForm.pdf
TN	No response
TX	N/A
UT	2-purchasing/29-forms.html
VA	Chapter8.pdf (See Annex 8-C)
WA	Go to this link for the justification answer templates
WI	This is a link to State Procurement Manual policy PRO-C-10, BID WAIVER JUSTIFICATION LETTER
WV	Only available internally.

Appendix II: Statutory Definitions and Criteria for Allowing Sole Source Procurements

State	State definitions of sole source procurement	State descriptions of sole source procurements and criteria for them.	URL links to sole source process documented in policy and available online
AK	n/a	STATE PROCUREMENT REGULATIONS 2014 ALASKA ADMINISTRATIVE CODE, TITLE 2, CHAPTER 12 2 AAC 12.410. CONDITIONS FOR USE OF SINGLE SOURCE PROCUREMENT. (a) A request by a purchasing agency that a procurement be restricted to one potential contractor shall be accompanied by a written explanation that meets the requirements of 2 AAC 12.415 as to why it is not practicable to award a contract by competitive sealed bidding, competitive sealed proposals, or small procurement procedures, and why award to a single source is in the state's best interests. An agency may advertise its intent to make a single source award to determine if such an award is appropriate. The agency shall include in the written explanation the evidence needed for an independent examination and determination of the material facts of the procurement, subject to AS 36.30.315. Except for a procurement that does not exceed the amount for small procurements under AS 36.30.320, the award of a single source procurement may not be made without the prior written approval of the Chief Procurement Officer or the Commissioner of Transportation and Public Facilities, as appropriate under AS 36.30.300 (a).	Web Link
AL	The declaration of a "sole source" purchase must be exercised judicially and always with good faith. The following test must be applied and all criteria met when a declaration is made. "Sole source" - A good's or service's "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; instead, to so qualify under subdivision (a)(11), the good or service offered must be unique; that uniqueness must be substantially related to the intended purpose, use and performance of the good or service sought; the entity seeking to be declared a "sole source" must show that other similar goods or services cannot perform the desired objectives of the entity seeking the goods or services. GE Co. v. City of Mobile, 585 So. 2d 1311 (Ala. 1991).	The declaration of a "sole source" purchase must be exercised judicially and always with good faith. The following test must be applied and all criteria met when a declaration is made. "Sole source" - A good's or service's "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; instead, to so qualify under subdivision (a)(11), the good or service offered must be unique; that uniqueness must be substantially related to the intended purpose, use and performance of the good or service sought; the entity seeking to be declared a "sole source" must show that other similar goods or services cannot perform the desired objectives of the entity seeking the goods or services. GE Co. v. City of Mobile, 585 So. 2d 1311 (Ala. 1991).	Web Link Rules and Regulation Sole source criteria
AR	Sole source procurements of commodities and technical services shall be those procurements which, by virtue of the performance specification, are available from a single source. Brand name or design specifications shall not be sufficient explanation for sole source. Such procurements may include but shall not be limited to: (1) requirements of performance compatibility with existing commodities or services; or (2) repairs involving hidden damage.	Sole source procurements may include but shall not be limited to: (1) requirements of performance compatibility with existing commodities or services; or (2) repairs involving hidden damage.	Web Link
AZ	"Sole-source procurement" means a materiel or service procured without competition when 1. There is only a single source for the material or service, or 2. No reasonable alternative source exists	Only a single source exists or No reasonable alternative source exists Chief procurement officer makes this determination	Web Link Arizona Procurement Code R2-7-E301
CA	Sole source procurements are those procurements made in emergencies where procurements are necessary to protect the public health, welfare, or safety; and, procurements of goods and services that meet the State's need where no known competition exists.	Sole source procurements are those procurements made in emergencies where procurements are necessary to protect the public health, welfare, or safety; and, procurements of goods and services that meet the State's need where no known competition exists.	Web Link 1 Web Link 1 Web Link 3
CT	Sec. 4a-52-15. Sole source procurement Sole source procurement is not permissible unless a requirement is available from only a single supplier. A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential bidder or offeror for that item. The following are examples of circumstances which could necessitate sole source procurement: (1) where the compatibility of equipment, accessories, or replacement parts is the paramount consideration; (2) where a sole supplier's item is needed for trial use or testing; (3) where a sole supplier's item is to be produced for resale; (4) where public utility services are to be procured. The determination as to whether a procurement shall be made as a sole source shall be made by the Commissioner. Such determination and the basis therefor shall be in writing. The Commissioner may specify the application and the duration of its effectiveness. In cases of reasonable doubt, competition should be solicited. Any request by a purchasing agency that a procurement be restricted to one potential contractor shall be accompanied by an explanation as to why no other will be suitable or acceptable to meet the need. The Commissioner shall conduct negotiations, as appropriate, as to price, delivery, and terms, in regard to sole source procurements. A record of sole source procurements shall be maintained that lists: (1) each contractor's name; (2) the amount and type of each contract; (3) the supplies, materials, equipment or contractual services procured under each contract; and, inspection only after the award of the contract. (4) the identification number of each contract file. Allowed as follows (sole-Source, emergency or unusual marketing condition): Sec. 4a-58. (Formerly Sec. 4-113). Standardization Committee. Waiver of bid or proposal requirement. (a) There shall continue to be a Standardization Committee, which shall consist of the Commissioner of Administrative Services, the Comptroller or his designee, the Treasurer or his designee, and such administrative heads of state departments or their authorized agents as are designated for that duty by the Governor. (b) Whenever an emergency exists by reason of extraordinary conditions or contingencies that could not reasonably be foreseen and guarded against, or because of unusual trade or market conditions, the Commissioner of Administrative Services, or, in the case of purchases, leases and contracts for information systems, information technology personal property and telecommunication systems, the Chief Information Officer, may, if it is in the best interests of the state, waive the competitive bid or proposal requirements set forth in section 4a-57. If any such procurement is estimated to cost fifty thousand dollars or more, such waiver shall be subject to the approval of the Standardization Committee. A statement of all purchases made under the provisions of this section shall be posted on the Internet web site of the Department of Administrative Services.	See Link	Web Link
DC	They are allowed under specific, authorized conditions. 2-354.04. Sole source procurements: a) A contract may be awarded through noncompetitive negotiations when there is only one source for the required good or service. (b) The CPO shall make a determination and findings justifying the sole source procurement. and: 27 DCMR Chapter 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.	2-354.04. Sole source procurements (a) A contract may be awarded through noncompetitive negotiations when there is only one source for the required good or service. (b) The CPO shall make a determination and findings justifying the sole source procurement.	D.C. Code DIVISION I. GOVERNMENT OF DISTRICT TITLE 2. GOVERNMENT ADMINISTRATION CHAPTER 3A. GOVERNMENT PROCUREMENT SUBCHAPTER IV. SOURCE SELECTION AND CONTRACT FORMATION D.C. Code 2-354.04 (2014) 2-354.04. Sole source procurements (a) A contract may be awarded through noncompetitive negotiations when there is only one source for the required good or service. (b) The CPO shall make a determination and findings justifying the sole source procurement. (c) Notice of intent to enter into a sole source contract shall be posted on the Internet at least 10 days prior to award. The notice shall include: (1) The determination and findings required by subsection (b) of this section; (2) A description of the item to be procured; and (3) The intended sole source contractor. (d) The contract shall be made available online within 7 days of the contract award. HISTORY: Apr. 8, 2011, D.C. Law 18-371, 404, 58 DCR 1185. NOTES: SECTION REFERENCES. --This section is referenced in 2-354.01, 2-355.02, and 2-356.02. LEGISLATIVE HISTORY OF LAW 18-371. --For history of Law 18-371, see notes under 2-351.01. For a link to the DC regulations; see below: Web Link
DE	Justification required for "Sole Source" above the open market threshold limits. The justification required is a document to the file from an Agency Head outlining the efforts undertaken and rationale for the "Sole Source" being declared. 29 Del Code, 6904 Exceptions (i) A contract may be awarded without competition if the agency head, prior to the procurement, determines in writing that there is only 1 source for the required contract. Sole source procurement shall not be used unless there is sufficient evidence that there is only 1 source for the required contract and no other type of goods or service will satisfy the requirements of the agency. The agency shall examine cost or pricing data prior to an award under this subsection. Sole source procurement shall be avoided, except when no reasonable alternative sources exist. A written determination by the agency for the sole source procurement shall be included in the agency's contract file.	29 Del Code, 6904 Exceptions (i) A contract may be awarded without competition if the agency head, prior to the procurement, determines in writing that there is only 1 source for the required contract. Sole source procurement shall not be used unless there is sufficient evidence that there is only 1 source for the required contract and no other type of goods or service will satisfy the requirements of the agency. The agency shall examine cost or pricing data prior to an award under this subsection. Sole source procurement shall be avoided, except when no reasonable alternative sources exist. A written determination by the agency for the sole source procurement shall be included in the agency's contract file.	Web Link
GA	GPM 2.3.2.6.Exclusive or Unique Capabilities Example 1: Only one supplier can satisfy the technical requirements because of unique technical competence or expertise. NOTE: The procurement professional must ensure the technical requirements are valid and verifiable. Example 2: Only one supplier possesses patents or exclusive rights to manufacture or to furnish the item or service. Excessive Cost Example 3: Only one supplier can furnish the services because of the supplier's previous state entity experience and having an alternative source duplicating these capabilities would result in excessive costs to the state entity. NOTE: Excessive costs must be quantified. Example 4: The item does not satisfy any of the justifications noted above, but the use of any other manufacturer's good or equipment would result in excessive costs to the state entity. NOTE: Excessive costs must be quantified.	GPM 2.3.2.1. Justifying Sole-Source Purchases For purchases with a value of $25,000 or more, sole-source purchases are prohibited unless the state entity establishes justification why the needed goods or services should not be procured through open competition. Sound procurement practice requires that a sole-source purchase occur when it is the only option and not as an attempt to contract with a favored service provider or for a favored good.	GPM 2.3.2.1.
HI	Sole source purchase may be made when only one source is available for purchase. Justification for sole source purchase must established that the good, service, or construction has a unique feature, characteristic, or capability essential to the agency to accomplish its work and is available from only one supplier. Sole source procurements require CPO approval.	Justification for sole source purchase must established that the good, service, or construction has a unique feature, characteristic, or capability essential to the agency to accomplish its work and is available from only one supplier.	Hawaii Revised Statute, Chapter 103D-306 Web Link Hawaii Administrative Rules, Chapter 3-122-81 Web Link 2
IA	A sole source procurement shall be avoided unless clearly necessary and justifiable. A state agency may purchase services using a sole source procurement under the following circumstances: a. A state agency determines that one service provider is the only one qualified or eligible or is quite obviously the most qualified or eligible to perform the service; or b. The services being purchased involve work that is of such a specialized nature or related to a specific geographic location that only a single source, by virtue of experience, expertise, proximity to the project, or ownership of intellectual property rights, could most satisfactorily provide the service; or c. A state agency is hiring a service provider to provide peer review services for a professional licensing board pursuant to Iowa Code chapter 272C; or d. A state agency is hiring the services of experts, advisors, counsel or consultants to assist in any type of legal proceeding including but not limited to testifying or assisting in the preparation of quasi-judicial or judicial proceedings; or e. The federal government or other provider of funds for the services being purchased (other than the state of Iowa) has imposed clear and specific restrictions on the state agency's use of the funds in a way that restricts the state agency to only one service provider; or f. Applicable law requires, provides for, or permits use of a sole source. Use of sole source procurement does not relieve a state agency from negotiating a fair and reasonable price and thoroughly documenting the procurement action.	A sole source procurement shall be avoided unless clearly necessary and justifiable. A state agency may purchase services using a sole source procurement under the following circumstances: a. A state agency determines that one service provider is the only one qualified or eligible or is quite obviously the most qualified or eligible to perform the service; or b. The services being purchased involve work that is of such a specialized nature or related to a specific geographic location that only a single source, by virtue of experience, expertise, proximity to the project, or ownership of intellectual property rights, could most satisfactorily provide the service; or c. A state agency is hiring a service provider to provide peer review services for a professional licensing board pursuant to Iowa Code chapter 272C; or d. A state agency is hiring the services of experts, advisors, counsel or consultants to assist in any type of legal proceeding including but not limited to testifying or assisting in the preparation of quasi-judicial or judicial proceedings; or e. The federal government or other provider of funds for the services being purchased (other than the state of Iowa) has imposed clear and specific restrictions on the state agency's use of the funds in a way that restricts the state agency to only one service provider; or f. Applicable law requires, provides for, or permits use of a sole source. Use of sole source procurement does not relieve a state agency from negotiating a fair and reasonable price and thoroughly documenting the procurement action.	Web Link Search for 11-118.7(8A)
ID	Product or service available from only one supplier; and necessary to meet the business needs of the agency/state (e.g. compatibility, unique feature to meet state's business need, etc.). IDAPA 38.05.01.045: 045.SOLE SOURCE PURCHASES. 01. Only a Single Supplier. Sole source purchase shall be used only if a requirement is reasonably available from a single supplier. A requirement for a particular proprietary property item does not justify a sole source purchase if there is more than one (1) potential bidder or offeror for that property item. (3-15-02) 02. Examples of Sole Source. Examples of circumstances that could necessitate a sole source purchase are: (3-15-02) a. Where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration. (3-15-02) b. Where a sole supplier's item is needed for trial use or testing. (3-15-02) c. Purchase of mass produced movie or video films or written publications distributed or sold primarily by the publisher. (3-15-02) d. Purchase of property for which it is determined there is no functional equivalent. (3-15-02) 03. Administrator Makes Determination. The determination as to whether an acquisition shall be made as a sole source shall be made by the administrator. Each request shall be submitted in writing by the using agency. The administrator may specify the application of such determination and its duration. In cases of reasonable doubt, competition should be solicited. Any request by a using agency that an acquisition be restricted to one (1) potential contractor shall include an explanation as to why no other contractor is acceptable. (3-15-02) 04. Negotiation in Sole Source Purchase. The buyer shall conduct negotiations, as appropriate, as to price, delivery and terms.	Please see the attached ref. to our sole source form at this link	Web Link
IN	A purchasing agent may award a contract for a supply when there is only one (1) source for the supply and the purchasing agent determines in writing that there is only one (1) source for supply.	The agency must submit a special procurement form to IDOA for review, citing a sole source request and proper justification. Justification includes research conducted to confirm only one source, why the particular supply is needed, and documentation from the supply showing they are the only provider.	Web Link
KY	KRS 45A.095(1): Sole source is a situation in which there is only one (1) known capable supplier of a commodity or service, occasioned by the unique nature of the requirement, the supplier, or market conditions.	Sole discretion of the Executive Director of the Office of Procurement Services	No criteria provided
LA	1597. Sole source procurements A contract may be awarded for a required supply, service, or major repair without competition when, under regulations, the chief procurement officer or his designee above the level of procurement officer determines in writing that there is only one source for the required supply, service, or major repair item.	Sole source procurement is permissible only if a requirement is available from a single supplier. A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential bidder or offeror for that item. Examples of circumstances which could necessitate sole source procurement are: a. where the compatibility of equipment, accessories, or replacement parts is the paramount consideration; b. where a sole supplier's item is needed for trial use or testing; c. procurement of items for resale; d. procurement of public utility services; e. registered breeding stock may be purchased on a selective basis without bids, after approval as to price and quality of such stock by the Commissioner of Agriculture and a specialist of Louisiana State University to be designated by the head of the College of Agriculture; f. other livestock may be purchased on a selective basis without bids after approval as to health by the Commissioner of Agriculture, provided that the cost per head does not exceed $1,500. Any livestock purchases above this amount must have prior approval of the chief procurement officer.	Louisiana Administrative Code Title 34:I.905.
MA	N/A The law is silent on this matter, but by policy there is no sole source procurement allowed for goods and services.	The law is silent on this matter	N/A
ME	Sole source procurement is not defined in state law, other than to say that the competitive bidding process may be "waived". Otherwise, we would look to the NASPO "Practical Guide" for operational definitions of "sole source" and "single source" procurement.	Sole source procurements are covered in statute, Executive Order, and policy. The statutory language is provided below: 5 M.R.S. 1825-B. Bids, awards and contracts 2. Waiver. The requirement of competitive bidding may be waived by the Director of the Bureau of General Services when: A. The procurement of goods or services by the State for county commissioners pursuant to Title 30-A, section 124, involves the expenditure of $2,500 or less, and the interests of the State would best be served; [1999, c. 105, 1 (AMD).] B. The Director of the Bureau of General Services is authorized by the Governor or the Governor's designee to make purchases without competitive bidding because in the opinion of the Governor or the Governor's designee an emergency exists that requires the immediate procurement of goods or services; [1995, c. 119, 1 (AMD).] C. After reasonable investigation by the Director of the Bureau of General Services, it appears that any required unit or item of supply, or brand of that unit or item, is procurable by the State from only one source; [1991, c. 780, Pt. Y, 70 (AMD).] D. It appears to be in the best interest of the State to negotiate for the procurement of petroleum products; [1989, c. 785, 2 (NEW).] E. The purchase is part of a cooperative project between the State and the University of Maine System, the Maine Community College System, the Maine Maritime Academy or a private, nonprofit, regionally accredited institution of higher education with a main campus in this State involving: (1) An activity assisting a state agency and enhancing the ability of the university system, community college system, Maine Maritime Academy or a private, nonprofit, regionally accredited institution of higher education with a main campus in this State to fulfill its mission of teaching, research and public service; and (2) A sharing of project responsibilities and, when appropriate, costs; [2011, c. 555, 1 (AMD).] F. The procurement of goods or services involves expenditures of $10,000 or less, in which case the Director of the Bureau of General Services may accept oral proposals or bids; or [1999, c. 105, 2 (AMD).] G. The procurement of goods or services involves expenditures of $10,000 or less, and procurement from a single source is the most economical, effective and appropriate means of fulfilling a demonstrated need. [1999, c. 105, 3 (AMD).]	In statute, Executive Order, and in policy
MI	The award of a contract to a vendor under circumstances which preclude competitive solicitation. Prohibited except for under the following conditions: (a) Procurement of goods or services is necessary for the imminent protection of public health or safety or to mitigate an imminent threat to public health or safety, as determined by the director or his or her designated representative. (b) Procurement of goods or services is for emergency repair or construction caused by unforeseen circumstances when the repair or construction is necessary to protect life or property. (c) Procurement of goods or services is in response to a declared state of emergency or state of disaster under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. (d) Procurement of goods or services is in response to a declared state of emergency under 1945 PA 302, MCL 10.31 to 10.33. (e) Procurement of goods or services is in response to a declared state of energy emergency under 1982 PA 191, MCL 10.81 to 10.89. (f) Procurement of goods or services is within a state agency's purchasing authority delegated under subsection (4), and the state agency has established policies or procedures approved by the department to ensure that goods or services are purchased by the state agency at fair and reasonable prices.	(a) Procurement of goods or services is necessary for the imminent protection of public health or safety or to mitigate an imminent threat to public health or safety, as determined by the director or his or her designated representative. (b) Procurement of goods or services is for emergency repair or construction caused by unforeseen circumstances when the repair or construction is necessary to protect life or property. (c) Procurement of goods or services is in response to a declared state of emergency or state of disaster under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. (d) Procurement of goods or services is in response to a declared state of emergency under 1945 PA 302, MCL 10.31 to 10.33. (e) Procurement of goods or services is in response to a declared state of energy emergency under 1982 PA 191, MCL 10.81 to 10.89. (f) Procurement of goods or services is within a state agency's purchasing authority delegated under subsection (4), and the state agency has established policies or procedures approved by the department to ensure that goods or services are purchased by the state agency at fair and reasonable prices.	Web Link
MN	"Single source" means an acquisition where, after a search, only one supplier is determined to be reasonably available for the required product, service, or construction item.	See policy	Web Link
MO		1) Supplies are proprietary and only available from the manufacturer or a single distributor; or (2) Based on past procurement experience, it is determined that only one distributor services the region in which the supplies are needed; or (3) Supplies are available at a discount from a single distributor for a limited period of time.	Web Link
MS	Noncompetitive items available from one (1) source only.	Single source items. Noncompetitive items available from one (1) source only. In connection with the purchase of noncompetitive items only available from one (1) source, a certification of the conditions and circumstances requiring the purchase shall be filed by the agency with the Department of Finance and Administration and by the governing authority with the board of the governing authority. Upon receipt of that certification the Department of Finance and Administration or the board of the governing authority, as the case may be, may, in writing, authorize the purchase, which authority shall be noted on the minutes of the body at the next regular meeting thereafter. In those situations, a governing authority is not required to obtain the approval of the Department of Finance and Administration.
MT	(a) there is only one source for the supply or service item; (b) only one source is acceptable or suitable for the supply or service item; or (c) the supply or service item must be compatible with current supplies or services	Written request for purchases over small purchase threshold. Approved by CPO.	Web Link
NC	SECTION .1400 - WAIVER OF COMPETITION .1401 POLICY Under conditions listed in this Rule, and otherwise if deemed to be in the public interest by the SPO or the agency, if under its delegation or benchmark, competition may be waived. Conditions permitting waiver include cases where performance or price competition is not available; where a needed product or service is available from only one source of supply; where emergency action is indicated; where competition has been solicited but no satisfactory offers received; where standardization or compatibility is the overriding consideration; where a donation predicates the source of supply; where personal or particular professional services are required; where a particular medical product or service, or prosthetic appliance is needed; where a product or service is needed for the blind or severely disabled and there are overriding considerations for its use; where additional products or services are needed to complete an ongoing job or task; where products are bought for "over the counter" resale; where a particular product or service is desired for educational, training, experimental, developmental or research work; where equipment is already installed, connected and in service, and it is determined advantageous to purchase it; where items are subject to rapid price fluctuation or immediate acceptance; where there is evidence of resale price maintenance or other control of prices, lawful or unlawful, or collusion on the part of companies which thwarts normal competitive procedures; where the amount of the purchase is too small to justify soliciting competition or where a purchase is being made and a satisfactory price is available from a previous contract; where the requirement is for an authorized cooperative project with another governmental unit(s) or a charitable non-profit organization(s); and where a used item(s) is available on short notice and subject to prior sale. History Note: Authority G.S. 143-53; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Amended Eff. April 1, 1999; February 1, 1996. .1402 APPROVAL AND DOCUMENTATION Although competition may be waived pursuant to Rule .1401 of this Section, its use is required wherever practicable. Where waiver is contemplated, agencies may negotiate with a potential vendor(s) in an effort to acquire the quality of commodity, service or printing needed at the best possible price, delivery, terms and conditions, when the expenditure is less than their respective benchmark or delegation. A solicitation document requesting or inviting an offer(s) shall be issued by the agency, including standard language, terms and conditions issued by the Division of Purchase & Contract. Under an emergency or pressing need situation, a solicitation document requesting or inviting an offer(s) shall be issued by the agency, including standard language, terms and conditions issued by the Division, unless circumstances prohibit their use. Negotiations may also be conducted with a potential vendor(s) for contracts exceeding an agency's benchmark or delegation, but are subject to the conditions of Rule .1518 of this Subchapter, except where otherwise permitted by rule. History Note: Authority G.S. 143-53; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Amended Eff. April 1, 1999; February 1, 1996; July 1, 1987.
ND	Noncompetitive procurement in which a particular person or business entity is identified as the only qualified source capable of supplying the commodity or service.	We have a list of circumstances in law and rule. We have an "Alternate Procurement Form" that agencies use to request approval and submit justification. Also Rule. The office of management and budget shall adopt rules specifying the circumstances under which competition may be waived or limited, when negotiation may be used, and specifying the required justifications and procedures for using those methods of purchasing. The office of management and budget shall adopt rules related to sending notice of intent to make limited competitive, noncompetitive, and negotiated purchases in accordance with this chapter. The notice must describe the needed commodity or service and the intended procurement method and must state that vendors are permitted to submit bids or proposals for contracts to be awarded under this section. The circumstances that may permit limited competitive, noncompetitive, or negotiated purchases include: a. The commodity or service is available from only one source. b. The commodity or service is to be purchased for experimentation or trial. c. No acceptable bid or proposal was received pursuant to a competitive bidding or competitive proposal process. d. Commodities are being purchased for over-the-counter resale. e. Acceptable commodities or services are produced or provided by correctional institutions or other government agencies or a work activity center as defined in section 25-16.2-01. f. The anticipated cost of purchasing specified commodities or services is less than an amount determined by the office of management and budget which would justify the expense of a competitive bidding or competitive proposal process. g. A used commodity is advantageous to the state and the commodity is available only on short notice. h. The commodity is a component or replacement part for which there is no commercially available substitute and which can be obtained only from the manufacturer. i. Compatibility with equipment currently owned by the state is essential to the proper functioning of that equipment. j. The agency provides documentation indicating that the services or the circumstances are of such a nature that deviation from the procurement procedure is appropriate. ALSO ND ADMINISTRATIVE CODE (RULE).	ALSO ND ADMINISTRATIVE CODE (RULE). Web Link
NE	Services - defined as unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the service. Determination that the contractor selected is justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required Goods - an item available from only one source due to the unique nature of the requirement, its supplier, or market conditions	Services - Agencies must complete a Deviation from Contractual Services form and provide justification based on definition provided for in statute. The Director of the Agency must approve the deviation request. The Deviation then routes to Administrative Services for pre-approval. Final approval is the Administrative Services Director or designee. Goods - agency must provide justification that substantiates the need. This must be provided by someone who is knowledgeable about the product being requested. This is reviewed by State Purchasing Manager. After written bid has been received an Award of Bid form is completed which goes through the Buyer for signature, State Procurement Supervisor and State Procurement Manager for review, Administrator and Director or designee (subject to change)	Services statute 73-502 Goods statutes 81-153 and 81-154 Services Manual Goods Manual
NH	Only available from one source.	RSA21-I	Web Link
NM	Section 13-1-126 A. provides as follows: "A contract may be awarded without competitive sealed bids or competitive sealed proposals regardless of the estimated cost when the state purchasing agent or a central purchasing office determines, in writing, that: (1) there is only one source for the required service, construction or item of tangible personal property; (2) the service, construction or item of tangible personal property is unique and this uniqueness is substantially related to the intended purpose of the contract; and (3) other similar services, construction or items of tangible personal property cannot meet the intended purpose of the contract."
NV	" good or service which may only be procured from one source."	NAC 333.150 Requirements for contract for services of independent contractor; competitive selection; request for proposals; effective date. (NRS 333.130, 333.135) 1. Except as otherwise provided by specific statute, a contract entered into pursuant to NRS 333.700 for the services of an independent contractor must: (a) Be awarded pursuant to the provisions of this chapter and chapter 333 of NRS; (b) Conform to the form, terms and conditions prescribed by the Attorney General; and (c) Include any provisions related to insurance that the State Risk Manager determines are required. 2. Such a contract which by its nature is not adapted to be awarded by competitive selection, including, without limitation, a contract for: (a) Services which may only be contracted from a sole source as determined by the Administrator; (b) Professional services, including, without limitation, a contract for the services of: (1) An expert witness; (2) A professional engineer; (3) A registered architect; (4) An attorney; (5) An accountant; or (6) Any other professional, if the services of that professional are not adapted to competitive selection as determined by the Administrator; or (c) Services necessitated by an emergency affecting the national defense or an emergency caused by an act of God or any other unforeseeable circumstances, as determined by the Administrator, Ê is not subject to the requirements of this chapter and chapter 333 of NRS for competitive selection. 3. If such a contract is required to be awarded by competitive selection and the estimated value of the contract exceeds $25,000 per fiscal year, it must be solicited through a request for proposals. The request for proposals must conform to the form for a request for proposals prescribed by the Attorney General. 4. If an effective date is not set forth in a contract for the services of an independent contractor awarded pursuant to NRS 333.700, the contract is effective on the date on which it is approved by the State Board of Examiners. (Added to NAC by Chief of Purchasing Div. by R099-99, eff. 12-13-99; A by R078-01, 12-17-2001)	In Regulation...
NY	163 g. "Sole source" means a procurement in which only one offerer is capable of supplying the required commodities or services.	163. 10. Letting of contracts. Contracts for commodities shall be awarded on the basis of lowest price to a responsive and responsible offerer. Contracts for services shall be awarded on the basis of best value from a responsive and responsible offerer. Multiple awards for services and commodities shall be conducted in accordance with paragraph c of this subdivision. a. Selection and award shall be a written determination in the procurement record made by the commissioner or a state agency in a manner consistent with the provisions of the solicitation. In the event two offers are found to be substantially equivalent, price shall be the basis for determining the award recipient or, when price and other factors are found to be substantially equivalent, the determination of the commissioner or agency head to award a contract to one or more of such bidders shall be final. The basis for determining the award shall be documented in the procurement record. b. (i) Single or sole source procurements for services or commodities, or procurements made to meet emergencies arising from unforeseen causes, may be made without a formal competitive process and shall only be made under unusual circumstances and shall include a determination by the commissioner or the state agency that the specifications or requirements for said purchase have been designed in a fair and equitable manner. The purchasing agency shall document in the procurement record, subject to review by the state comptroller, the bases for a determination to purchase from a single source or sole source, or the nature of the emergency giving rise to the procurement. (ii) State agencies shall minimize the use of single source procurements and shall use single source procurements only when a formal competitive process is not feasible. State agencies shall document in the procurement record the circumstances and the material and substantial reasons why a formal competitive process is not feasible. The term of a single source procurement contract shall be limited to the minimum period of time necessary to ameliorate the circumstances which created the material and substantial reasons for the single source award. Not later than thirty days after the contract award, state agencies shall, for all single source procurement contracts, make available for public inspection on the agency website, a summary of the circumstances and material and substantial reasons why a competitive procurement is not feasible. Any information which the contracting agency is otherwise prohibited by law from disclosing pursuant to sections eighty-seven and eighty-nine of the public officers law, shall be redacted from the documentation published on the agency website.	Web Link
OH	All sole source requests are deferred to our controlling board for justification and approval.		Web Link
OK	"Sole source acquisition" means an acquisition which, by specification, restricts the acquisition to one supplier;	State agencies with a Certified Procurement Officer and approved internal purchasing procedures meeting the requirements, may make a sole source or sole brand acquisition within the agency's acquisition authority and pursuant to the provisions of Title 74 O.S. 85.45, an acquisition may be exempt from competitive bidding procedures as a sole source or sole brand acquisition. If the acquisition's purchase price is such that the state agency is required to submit a requisition to the State Purchasing Director, the State Purchasing Director shall approve or deny the requisition for a sole source or sole brand acquisition. Prior to approving a requisition pursuant to this paragraph the State Purchasing Director shall document reasons a sole source or sole brand purchase is necessary and shall retain a written record for three (3) fiscal years following the end of the fiscal year during which the sole source or sole brand acquisition was made.	Web Link
PA	A non-competitive procurement of a good or service available from only one supplier.	1. Only a single supplier is capable of providing the good or service. 2. A Federal or State statute exempts the purchase from the competitive process. 3. It is clearly not feasible to award on a competitive basis. 4. Services provided by attorneys or litigation consultants selected by the Office of General Counsel, the Office of Attorney General, the Department of the Auditor General, or the Treasury Department. 5. Services provided by expert witnesses. 6. The service involves the repair, modification or calibration of equipment and is to be performed by the manufacturer of the equipment of by an authorized dealer. 7. Investment Advisors for Retirement System 8. Financial or investment experts 9. Best interests of the Commonwealth	62 Pa CS Section 515 Web Link
SC	SC Procurement Code Section 11-35-1560 allows for use of sole source procurements "where there is only one source for the required supply, service, information technology, or construction item." Reg. 19-445.2105 states: "Sole source procurement is not permissible unless there is only a single supplier." Examples given in Reg. 19-445.2105 include (1) where the compatibility of equipment, accessories, or replacement parts is the paramount consideration; (2) where a sole supplier's item is needed for trial use or testing; and (3) where the item is one of a kind.	Please see SC Code of Laws Section 11-35-1560 and Regulation 19-445.2105	Web Link 1 Web Link 2
SD	Supplies or services that are of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the supplies or services.	5-18A-8. Unique supplies or services--Sole source procurement--Negotiations. A contract may be awarded for supplies or services without competition if the purchasing agency determines in writing that the supplies or services are of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the supplies or services. The determination that the contractor selected is justifiably the sole source shall be based on either the uniqueness of the supplies or services or the sole availability at the location required. In such cases, the purchasing agency shall conduct negotiations, including price, delivery, and quantity to obtain the most advantageous price and shall include the written verification of the sole source in the contract file. This section does not apply to construction services or construction equipment.	Web Link
TN	“Sole Source Procurement” means a procurement for which only one vendor possesses the unique and singularly available capability to meet the requirement of the solicitation, such as technical qualifications, ability to deliver at a particular time, or services from a public utility or a situation where a particular supplier or person is identified as the only qualified source available to the requisitioning authority.	1. Whether the vendor possesses exclusive or predominant capabilities or the item or service contains features providing a superior utility not obtainable from similar vendors; 2. Whether the product or service is unique and available from only one source; 3. Whether the program requirements can be modified so that competitively procured goods or services may be used; 4. Whether items must be interchangeable or compatible with in-place items; 5. Whether or not it is in the State's best interests to conduct a pilot program for a defined period of time; or 6. Whether the economics, technical aspects, or other facts and circumstances of the procurement in question make the use of a sole source procurement method a more prudent choice than a competitive procurement method	Whenever practicable, procurements should be competitive. Sole source procurements may be made when an item or service possesses specific characteristics that can only be filled by a single source or where exclusive rights exist. Sole source procurements shall require the State Agency to provide advance justification to the Central Procurement Office in accordance with Central Procurement Office Policy. Whenever practicable, competitive procurement methods, including competitive negotiation, should be used. All sole source procurements, regardless of the dollar amount, require the Chief Procurement Officer's prior approval. Reporting of sole source procurements shall be provided to the Comptroller of the Treasury in such form and time period as prescribed in Central Procurement Policy.
TX	"Product or service is only available for purchase through the specific identified vendor."		Web Link 1 Web Link 2 Web Link 3
UT	(46) "Sole source contract" means a contract resulting from a sole source procurement. (47) "Sole source procurement" means a procurement without competition pursuant to a determination under Subsection 63G-6a-802(2)(a) that there is only one source for the procurement item.	(2) The division or a procurement unit with independent procurement authority may award a contract for a procurement item without competition if the procurement officer, the head of the procurement unit, or a designee of either who is senior to the procurement officer or the head of the procurement unit, determines in writing that: (a) there is only one source for the procurement item; (b) the award to a specific supplier, service provider, or contractor is a condition of a donation that will fund the full cost of the supply, service, or construction item; or (c) the procurement item is needed for trial use or testing to determine whether the procurement item will benefit the procurement unit. (3) Circumstances under which there is only one source for a procurement item may include: (a) where the most important consideration in obtaining a procurement item is the compatibility of equipment, technology, software, accessories, replacement parts, or service; (b) where transitional costs are unreasonable or cost prohibitive; or (c) procurement of public utility services.	Web Link
VA	Sole source procurement is authorized when there is only one source practicably available for the goods or services required. Competition is not available in a sole source situation; thus distinguishing it from a proprietary purchase where the product required is restricted to the manufacturer(s) stipulated, but is sold through distributors and competition between them can be obtained.	For sole source procurements over $50,000 a form must be completed and sent to the Division of Purchases & Supply for review and approval. The form contains the following four questions: • Explain why this is the only product or service that can meet the needs of the purchasing agency. • Explain why this vendor is the only practicably available source from which to obtain this product or service. • Explain why the price is considered reasonable. • Describe the efforts that were made to conduct a noncompetitive negotiation to get the best possible price for the taxpayers.	Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. The public body shall issue a written notice stating that only one source was determined to be practicably available, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services' central electronic procurement website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first. Posting on the Department of General Services' central electronic procurement website shall be required of any state public body. Local public bodies are encouraged to utilize the Department of General Services' central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth's procurement opportunities. Web Link
WA	Not prohibited if justification is established. "Sole source” means a contractor providing goods or services of such a unique nature or sole availability at the location required that the contractor is clearly and justifiably the only practicable source to provide the goods or services.	Enabling Legislation: RCW 39.26.140. As per Policy #DES-140-00, effective January 1, 2013 and unless otherwise exempt, all agency sole source contracts over $10K (or $13K for small business) must: 1) Be submitted to the Department of Enterprise Services (DES), with supporting justification, not less than 10 working days prior to the contract start date. 2) Be approved by DES before the contract becomes binding, services are performed and goods are received. 3) Be made available for public inspection not less than 10 working days prior to the contract start date. In addition, notice of all agency sole source contract opportunities must be posted on the state's enterprise vendor registration and bid notification system (currently the Washington Electronic Business Solution (WEBS)) for at least five (5) working days.	Statute Link Policy Link
WI	Noncompetitive negotiation (sole source) is the process that may be used to purchase a product or service that can be obtained only from one source. The agency must demonstrate and the State Bureau of Procurement must concur that only one source exists, that the price is equitable, and/or that noncompetitive negotiation is in the best interests of the state. Delegated state agencies are authorized to approve sole source procurements $25,000 or less. Sole source waivers for purchases over $25,000 require the Governor's approval.	One or more of the following circumstances, with adequate justification, may serve as the basis for using noncompetitive negotiation: A. The service is unique or of a proprietary nature available from only one source. B. Grant monies are involved, that cannot qualify as an exemption, that require subcontracts and specify the contractor. C. A public emergency exists where the urgency for the required service will not permit competitive solicitation. D. Substantial time pressure exists beyond the agency's control. (This does not include administrative delays or confusions in processing the necessary paperwork for purchasing approval.)	This is a link to State Procurement Manual policy PRO-C-13, NONCOMPETITIVE NEGOTIATION (SOLE SOURCE): Web Link The policy contains references to applicable statutes and administrative code and a link to the Wisconsin statutes and codes.
WV	Sole source allowed if certain criteria are met and public posting yields no challenge by other vendors. WV can also create a list of things that are impossible to bid. W. Va. Code section 5A-3-10c The director may award a contract without advertisement or competition if he or she determines in writing that there is only one source for the required commodity or service. The director may require the submission of cost or pricing data in connection with an award under this section. Prior to an award under this section, the spending unit requesting the procurement shall provide written documentation to the director setting forth the basis for the sole source procurement and the specific efforts made to determine the availability of other sources. Prior to a final determination by the director, the registered vendors will be notified of the commodity or service being sought and the vendors will be provided an opportunity to indicate an interest in bidding on such a commodity or service, to establish whether the commodity or service is, in fact, available only from a sole source. On an annual basis, the director shall report the spending units who have determined a sole source for their commodities or services, the type of commodity or service and the determination made by the director.