21 AAC 10.155. Conditions for use of sole source procurement

(a) A contract may be awarded under this section only if the ombudsman determines in writing that there is only one source for the required procurement or construction.

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

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

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

(3) if an item is to be procured for resale;

(4) if public utility services are to be procured;

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

(6) if the procurement is for the services of legal counsel for the purpose of advising or representing the ombudsman in specific civil or criminal proceedings or on specific matters before federal or state regulatory agencies, boards or commissions.

(c) The determination that there is only one source for the required procurement must be made by the ombudsman and must specify the duration of its effectiveness. The determination and its basis must be in writing. The ombudsman will, in his or her discretion, advertise an intent to make a sole source award for the purpose of determining if other sources are available or interested in a particular procurement; however, award may not be made until the procurement is approved by the ombudsman. The ombudsman will, or the procurement officer shall, conduct negotiations, as appropriate, concerning price, delivery, and terms of a sole source procurement.

History: Eff. 11/10/88, Register 108

Authority: AS 24.55.275

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