A sole source contract implies that there is only one person or company that can provide the contractual services needed and that any attempt to obtain bids would only result in one person or company being available to meet the need.
A contract may be awarded for a supply, service or construction item, without the necessity of competition, when the contracting officer determines in writing that one of the following statutory conditions exists:
- Only a single contractor is capable of providing the supply, service or construction.
- A federal or state statute or federal regulations exempts the supply, service or construction from the competitive procedure.
- The total cost of the supply, service or construction is less than the amount established by the State System for small, no-bid procurements as dictated by the policy on small procurements.
- It is clearly not feasible to award the contract for supplies or services on a competitive basis.
- The services involve the repair, modification or calibration of equipment and they are to be performed by the manufacturer of the equipment or by the manufacturer’s authorized dealer, provided the contracting officer determines that bidding is not appropriate under the circumstances.
- The contract for supplies or services is in the best interest of the Commonwealth.
Before entering into a sole source contract, a statement of justification must be sent in advance to university legal counsel certifying that the contract is appropriate as a sole source. University Legal Counsel will review the statement and either approve or disapprove the certification.