15 AAC 150.350. Sole source procurements

(a) A request by a Corporation department that a procurement be restricted to one potential contractor will be accompanied by written explanation as to why no other source is suitable or acceptable to meet the need.

(b) A written finding and determination that there is only one source for the required procurement will be prepared and signed by the appropriate Corporation officer responsible for the acquisition. Final approval for the sole source procurement will be obtained from the chief procurement officer before proceeding with the sole source procurement under this section.

(c) The Corporation will conduct negotiations as to price, delivery schedules, and terms of a sole source procurement. The appropriate Corporation officer will make a written determination of fairness and reasonableness of price, for inclusion in the procurement file, before award of a sole source procurement.

(d) The following are examples of circumstances in which sole source procurements might be appropriate:

(1) the compatibility of equipment, accessories, or replacement parts is the main consideration;

(2) a specific item is needed for trial use or testing, including testing of a prototype item;

(3) there exists a sole source of expertise required to perform a specific professional service;

(4) patents exist that restrict availability of the product or process to only one source; or

(5) the procurement is for maintenance or repair service available only from the manufacturer or the manufacturer's authorized service center.

(e) The Corporation will include in the procurement file for each sole source procurement the written finding and determination, and the chief procurement officer's final approval, described in (b) of this section. The Corporation will maintain for each sole source procurement a record that includes at least the following information:

(1) the contractor's name;

(2) the amount and type of the procurement;

(3) a listing of the supplies, equipment, services, construction, office or other space leases, personal property, and professional services procured under the contract; and

(4) the assigned identification number of the procurement file.

History: Eff. 6/28/96, Register 138

Authority: AS 36.30.015 (f)

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