A. 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.
B. The state purchasing agent or a central purchasing office shall use due diligence in determining the basis for the sole source procurement, including reviewing available sources and consulting the using agency, and shall include its written determination in the procurement file.
C. The state purchasing agent or a central purchasing office shall conduct negotiations, as appropriate, as to price, delivery and quantity in order to obtain the price most advantageous to the state agency or a local public body.
D. A contract for the purchase of research consultant services by institutions of higher learning constitutes a sole source procurement.
E. The state purchasing agent or a central purchasing office shall not circumvent this section by narrowly drafting specifications so that only one predetermined source would satisfy those specifications.
History: Laws 1984, ch. 65, § 99; 1987, ch. 348, § 9; 2013, ch. 40, § 2.
ANNOTATIONSThe 2013 amendment, effective June 14, 2013, added additional criteria and changed the procedures for sole source procurement; in Subsection A, after "central purchasing office", deleted "makes a determination, after conducting a good faith review of available sources and consulting the using agency" and added "determines, in writing"; added Paragraphs (2) and (3) of Subsection A; and added Subsections B and E.