Section 19-4320. SOLE SOURCE PROCUREMENT

 

4320.1The CCO shall take reasonable steps to avoid using sole source procurement except in circumstances when it is both necessary and in the best interest of the Library.

 

4320.2[RESERVED]

 

4320.3The CCO shall determine the format used to request a proposal for a sole source procurement.

 

4320.4The CCO shall take action, whenever possible, to avoid the need to continue to procure the same supply, service or construction without competition.

 

4320.5The CCO shall not award a contract on a sole source basis when the justification is based on lack of sufficient time to complete the competitive process through the competitive sealed bidding or competitive sealed proposal method of procurement, unless a legitimate emergency, as defined Section 4321 exists.

 

4320.6The CCO and/or designee shall ensure that each sole source procurement is reviewed and approved in accordance with Subsection 4320.7.

 

4320.7When a sole source procurement is proposed, the DCPL Office of Procurement with the representative of the requesting department shall prepare a written determination and findings (D&F) that justifies the sole source procurement. The CCO and/or designee shall approve all D&Fs before issuance of a solicitation.

 

4320.8Each D&F shall include the following:

 

(a) Designation that the requirement is a sole source D&F;

 

(b) A description of the requirement, including the estimated cost;

 

(c) A description of the factors that qualify the requirement as a sole source procurement such that the requirement is available from one source or only one supplier with unique capabilities;

 

(d) A discussion of the proposed contractor's unique qualifications that qualify the proposed contractor for a sole source award;

 

(e) A statement that the anticipated costs to the Library will be fair and reasonable; and

 

(f) Any other relevant facts to support the use of a sole source procurement.

 

4320.10The CCO and/ or designee shall ensure that each sole source contract contains all of the required clauses, provisions, representations and certifications.

 

 

authority

An Act to establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June 3, 1896, as amended (29 Stat. 244, ch. 315, § 5; D.C. Official Code § 39-105 (2012 Supp.)); Section 3205 (jjj) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 39-105 (2012 Supp.)); Section 2 of the District of Columbia Public Library Board of Trustees Appointment Amendment Act of 1985, effective September 5, 1985 (D.C. Law 6-17; D.C. Official Code § 39-105 (2012 Supp.)); the Procurement Reform Amendment Act of 1996, effective April 12, 1997, as amended (D.C. Law 11-259; 44 DCR 1423 (March 14, 1997)); and Section 156 of An Act Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes, approved October 21, 1998 (112 Stat. 2681, Pub. L. 105-277; codified at D.C. Official Code § 39-105 (2012 Repl.)).

source

Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Final Rulemaking published at 59 DCR 2712, 2713 (April 6, 2012); as amended by Final Rulemaking published 62 DCR 16120 (December 18, 2015).