La. Admin. Code tit. 34 § V-905

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-905 - Conditions for Use of Sole Source Procurement

A. Determination

1. The determination as to whether a procurement of a supply, service, or major repair item or a professional, personal, consulting, or social services contract award shall be made as a sole source shall be made by the state chief procurement officer, a chief procurement officer or either officers designee upon sufficient factors and cause, and shall be in the best interests of the state. Such determination shall be in writing. Such officer may specify the application of such determination and its duration. In cases of reasonable doubt, competition should be solicited. Any request by a using agency that a procurement be restricted to one potential contractor shall be in writing and accompanied by an explanation as to why no other will be suitable or acceptable to meet the need.

2. Sole source procurement is permissible only if a requirement is available from a single supplier. A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential bidder or proposer for that item. Examples of circumstances which could necessitate sole source procurement are:

a. where the compatibility of equipment, accessories, or replacement parts is the paramount consideration;

b. where a sole supplier's item is needed for trial use or testing;

c. procurement of items for resale;

d. procurement of public utility and services;

e. - f. Repealed.

B. Purchase of Antiques, Used or Demonstrator Equipment

1. Any agency may procure any equipment which is used, rebuilt/remanufactured/refurbished or preowned by an individual or corporation and where the procurement officer has determined that the procurement of said equipment is cost effective to the state.

2. The used equipment shall be purchased by the head of the agency within the price range set by the director of the Office of State Procurement in his statement of written approval for the purchase which must be obtained by the head of the agency prior to the purchase.

3. The head of the agency shall certify in writing to the director of the Office of State Procurement all of the following:

a. the price for which the used equipment may be obtained;

b. the plan for maintenance and repair of the equipment and the cost thereof;

c. the savings that will accrue to the state because of the purchase of the used equipment;

d. the fact that following the procedures set out in the Louisiana Procurement Code will result in the loss of the opportunity to purchase the equipment.

La. Admin. Code tit. 34, § V-905

Promulgated by the Office of the Governor, Division of Administration, Office of State Purchasing, LR 8:331 (July 1982) amended LR 21:566 (June 1995), repromulgated LR 40:1356 (July 2014), Amended by the Office of the Governor, Division of Administration, Office of State Procurement, LR 411281 (7/1/2015), Amended LR 44756 (4/1/2018), Amended LR 47581 (5/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1581.