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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:
1. Only a single contractor is
capable of providing the supply, service or
construction.
2. A federal or state statute or
federal regulations exempts the supply, service or construction
from the competitive procedure.
3. 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.
4. It is clearly not feasible to
award the contract for supplies or services on a competitive basis.
5. 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.
6. 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.
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