Sole Source Contracts & Purchases
Contracts may be awarded for supplies, services or construction projects without competition when the purchasing agent determines that there is only one source/brand for the required supply, service or construction.
M.C.L. 4.12.060 Sole source procurement.
The Procurement Division will conduct negotiations on price, delivery, terms and conditions. Negotiations may take as much time as a solicitation, therefore, open competitive solicitations are the default solution.
R4.12.060.03 Negotiation in Sole Source Procurement.
Sole source procurements are not permissible unless a requirement is available from only a single source. A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential offeror for that item.
A written justification for the request (Sole Source Request Form or Sole Brand Request Form) must be submitted by the requesting department/agency/commission/board to the purchasing agent prior to the acquisition – submission after the acquisition but prior to payment will be denied.
The sole source determination is made by the purchasing agent’s office. In cases of reasonable doubt, competition will be solicited. R4.12.060 Sole Source Procurement.
Sole Source Requests greater than $250,000
Sole source procurements in excess of $250,000 must be approved by the Metro Council. The purchasing agent will provide information supporting the claim of justification but it will rest with the director of the requesting department, agency, commission or board to defend the need for the purchase/contract to the Council in the Council meeting when the resolution is presented. It will need to go before the Council as a standard Resolution.