Ill. Admin. Code tit. 44 § 1300.2025

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1300.2025 - Sole Source Procurement

a) Application

The provisions of this Section apply to procurement from a sole source unless the estimated amount of the procurement is within the limit set in Section 1300.2020 (Small Purchases) or unless emergency conditions exist as defined in Section 1300.2030 (Emergency Procurements).

b) Conditions for Use of Sole Source Procurement

Sole source procurement is permissible when a requirement is available from only a single supplier or when only one supplier is deemed economically feasible. A requirement for a particular proprietary item does not justify a sole source procurement if there is more than one potential bidder or offeror authorized to provide that item. The following are examples of circumstances that could necessitate sole source procurement:

1) the compatibility of equipment, accessories, replacement parts, or service is a paramount consideration;

2) a sole supplier's items are needed for trial use or testing;

3) a sole supplier's item is to be procured for commercial resale;

4) public utility regulated services are to be procured;

5) the item is copyrighted or patented and the item is not available except from the holder of the copyright or patent;

6) the procurement of the media for advertising;

7) the procurement of art or entertainment services; and

8) changes to existing contracts (subsection (c)).

c) Changes

1) Changes to existing contracts germane to the original contract, which are necessary or desirable to complete the project, and which can be best accomplished by the contract holder, may be procured under this provision if the Procurement Officer determines that the cost of delay or disruption to the contract or program, and the cost of a new solicitation, clearly indicate that the existing vendor is the sole economically feasible source.

2) A change (whether in cost or rate) that does not exceed the applicable small purchase limit as defined in Section 1300.2020, or that is an emergency as defined in Section 1300.2030, may be made in accordance with procedures governing those Sections and need not comply with these sole source procedures. A change in the length of the contract that does not exceed 30 days and other minor, immaterial changes to the scope or administrative provisions of a contract shall not be considered changes subject to these sole source procedures.

d) Publication

Before entering into a sole source contract, the CPO shall publish a written description of intent to enter into a sole source contract along with the sole source procurement justification, a description of the goods or services to be procured, the intended sole source contractor, and notice that any public hearing requested under this Section will be held on the 15^th day after publication of the notice (stating the date, time and place of the potential public hearing) or on the next business day, if the 15^th day after publication is a weekend or a State holiday. The notice shall be posted in the Bulletin at least 14 days before a sole source contract is awarded.

e) Hearing

An interested party may submit a written request for a public hearing. Any hearing shall be conducted in accordance with the procedures set forth in Section 1300.5555.

f) Negotiation in Sole Source Procurement

The Procurement Officer shall conduct negotiations, as appropriate, as to price, delivery, and terms, and shall maintain a record of sole source procurements showing:

1) the vendor's name;

2) the amount and type of the contract;

3) a listing of the supplies, services, or construction procured under each contract; and

4) the identification number of the contract file.

g) Prohibition Against Amending Contracts for Professional or Artistic Services Based on Sole Source

The provisions of this Part shall not apply to an amendment to a contract for professional or artistic services if:

1) there is an increase in the amount paid under the contract of more than 5% of the initial award; or

2) the term of the contract would be extended by a period not to exceed the time reasonably needed for a competitive procurement or 2 months, whichever is less.

Ill. Admin. Code tit. 44, § 1300.2025

Amended at 37 Ill. Reg. 19316, effective November 12, 2013